Marital Property in Thailand

Marital property relation in Thailand is governed by the pre-nuptial agreement between spouses or in the absence thereof, by the Civil and Commercial Code of Thailand (CCC).
A duly prepared and signed prenuptial agreement in Thailand is considered as governing law between the parties. This agreement must be in writing and signed by both spouses and at least two witnesses. Further, it must be registered in the Thai Marriage register or annexed in the marriage registration to attain full force and effect, which makes it imperative for the agreement to be written in Thai language. A well prepared Thailand pre-nuptial agreement can provide a sound structure to govern the rights and obligations of spouses respecting present and future property, investments, earnings and liabilities. It must be carefully noted not to stipulate prohibited provisions defined in the CCC which will render the whole agreement void. Thus, it is crucial to engage the services of registered and reputable Thailand Lawyer familiar with the laws of your home country and Thailand before preparing a prenuptial agreement.
In the absence of a Thailand pre-nuptial agreement or if it is rendered void, Chapter IV of the CCC on Property of Husband and Wife shall govern. Pursuant to the law, only the following properties can be considered as exclusive property (Sin Suan Tua) of either husband or wife: property belonging to either of them before marriage, property for personal use or for carrying on their respective profession, and those acquired during marriage through a will or gift. The following however shall be considered as marital property (Sin Somros): property acquired during marriage, property received during marriage as a gift or will with a written declaration that it is to be considered as marital property, and fruits of their respective exclusive properties. It is important to note that in case of doubt, the property shall be presumed Sim Somros or jointly owned by the husband and wife.
ABOUT THE AUTHOR: Dennis P. Ramm
Dennis P. Ramm is Partner with Siam Legal International which is Thailand Largest Legal Services Network with offices in Los Angeles, London, Manila and Bangkok. Dennis works with American Attorneys, UK Solicitors & Barristers, German Lawyers, and Australian Solicitors providing Thailand family law services including Thailand Prenuptial Agreement, Thai Marriage and Thailand Divorce. Dennis has over 30 years of management, government and business experience.