You should take legal advice from a family lawyer in Thailand if you are getting married as the property laws in Thailand are very complex. Below is a very brief overview of the format of community of property. Note that this is if you are going to get divorce in Thailand and not in your home country. Getting a prenuptial agreement in Thailand might be a good idea if you have property at home.
Marital Property
Many expats get married in Thailand without a Thai prenuptial agreement as they consider that Thai laws offer enough protection in this regard. When years later they move to their home country and a divorce occurs, they do not fall under the protection of the Civil and Commercial Code of Thailand. This then present new problems that they did not consider when they got married. Take legal advice from a family lawyer in Thailand.
In Thailand the law divides the marital property in “Somros” and “Sin Suan Tua”. This is property during marriage and property before marriage. The “Somros” gets divided equally much like community of property in the West. The ‘Sin Suan Tua’ which is all property you owned before getting married. The second type is ‘Sin Somros’ which is all property you bought together as a couple after marriage.
Property bought after marriage – ‘Sin Somros’
- a) Property that you had bought during the course of the marriage;
- b) Property and goods you both received as a gift or inheritance where the gift was for both;
- c) Any income or fruits from private property (Sin Suan Tua)
Property bought before marriage – ‘Sin Suan Tua’
- a) Assets which you owned or your wife owned before marriage;
- b) Assets inherited or given as a gift to you only and not as a couple;
- c) Personal property which you use to generate an income as well as clothing;
- d) Gifts given at your engagement “Khongman” which is any gifts give to you.
When it comes to property it is best to speak to a lawyer in Thailand. You will need to consider if you need a prenuptial agreement drafted in the event you return to your home country. Also note that you need to register your prenuptial agreement at the same time as your marriage during your marriage registration.
If you are going to stay in Thailand and buy property such as buying a condo in Thailand you might wish to add a prenuptial agreement to help you protect your assets in Thailand. You can also look at superficies in Thailand where you do not own the land but the property build on the land. It is very difficult for a foreigner to own land in Thailand. There is also the option of a usufruct which will allow you to stay in the house even though owned by your Thai wife. This is important as you will have to sign a document when your wife buys land or a house to state that the property does not fall into the community of property of the marriage. In the event of a divorce you will still have the usufruct which will allow you to live in the house.
This is a brief overview of property law in Thailand but it is best to speak to a property lawyer in Thailand for sound advice and guidance.
