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How is exactly marital property calculated under Thaimarriage laws?Is there some math formula how to calculate common marital assets between husband and wife in Thailand when the marriageends by divorce or death, or is just everything you buy during the course of the marriage under Thai matrimonial laws consideredjointly owned?

Posted in Family law, Inheritance, asked by Philip, 2 years ago. 1508 hits.

matrimonial-propertymatrimonial-property maritalmarital marriagemarriage lawlaw familyfamily

1 AnswerMarital or jointly owned property between husband and wife is governed by the civil and commercial code Book 5, part 4'property of husband and wife'. When the marriage ends jointly owned 'matrimonial' property must be divided betweenhusband and wife. Only jointly owned property is divided equally between husband and wife and personal property is notdivided. The first question when the marriage ends is if an asset is regarded as personal or jointly owned property betweenhusband and wife.

What is personal and what is marital property in a Thai marriage;

Personal property (section 1471 Civil and Commercial Code) consists of:

1. all property belonging to either spouse before marriage,

2. all property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on theprofession of either spouse,

3. all property acquired by either spouse during marriage through a will or gift,

4. 'Khongman' (dowry)(see reference link below, section 1437)

Marital property (jointly owned property between husband and wife (section 1474)) consists of:

1. property acquired during marriage, (eg. money earned during the marriage and property bought from it)

2. property acquired by either spouse during marriage through a will of gift made in writing if it is declared by such will ordocument of gift to be jointly owned between husband and wife

3. fruits of personal property (eg. income in the form of rent from a personal asset)

Two more principles must be taken in to account;

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1. (Section 1472) if a personal asset has been exchanged to other property, other property has been bought or moneyhas been acquired from selling it, such other property or money acquired shall be a personal asset. For example, ifyou buy a car during your marriage and you pay for the car with personal money (not marital) the car is a personalasset of the spouse who paid for it (if paid with personal property), even though acquired during the marriage

2. (section 1474) in case of doubt as to whether a property is jointly owned or not it shall be presumed to be jointlyowned between husband and wife. For example, you bought a car but can't proof it is paid for with personal assets/money it will be considered a marital property and must be divided in equal shares upon divorce.

Division of jointly owned assets;

Upon termination of the marriage, the marital assets shall be divided equally between man and woman. In a divorce in Thailandthe division of assets is based on:

1. what is marital jointly owned assets (this must be divided), and

2. what is personal assets (this remains with each spouse).

If you can agree with your spouse on how assets are to be divided (mutual consent divorce) it is a private financial settlementbetween the spouses. If it has to go to court because you cannot agree with your spouse on the terms of the divorce the abovegenerally comes down to what you can prove in front of a judge. If you bought a car and paid for it with money that is consideredpart of your personal assets, can you prove it in court? To prevent that a divorce in Thailand is dragging on for one party'sfinancial gain it is recommended to make a prenuptial agreement (among others to have a clear understanding of what ispersonal assets) and keep a form of (yearly) marital accounting during the marriage (to prevent creating a mix of personal andmarital assets because in case of doubt (section 1474) property acquired during marriage will be regarded as jointly ownedmarital property).

Division of assets and a prenuptial agreement;

In general the courts in Thailand must divide marital assets in equal shares according to section 1533 of the civil code(reference link), stating 'upon divorce the sin somros (marital assets) shall be divided equally between man and woman'. Aprovision in a prenuptial agreement prescribing a diffirent division of assets between husband and wife shall generally beconsidered void in a court pursuant section 1465 civil code.

A special situation exists for the purchase of real estate in Thailand, as this is often paid for by the foreigner, but signed aways aspersonal assets of the Thai spouse and therefore not divided as a marital home.

Read more in the first reference link below.

Consultant2 years ago

Referenceswww.thailandlawonline.com/article-older-archive/land-ownership-registration-by-a-thai-married-to-foreign-nationalwww.thailandlawonline.com/thai-family-and-marriage-law/civil-law-divorce-and-termination-of-marriagewww.thailandlawonline.com/thai-family-and-marriage-law/civil-law-property-of-husband-and-wife www.samuiforsale.com/family-law/division-divorce-marital-home.htmlwww.thailandlawonline.com/thai-family-and-marriage-law/civil-law-sections-marriage-and-engagementwww.thailandlawonline.com/thai-family-and-marriage-law/civil-law-property-of-husband-and-wifewww.thailandlawonline.com/article-older-archive/a-prenuptial-agreement-in-thailand-before-marriage

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