Marital Property in Thailand. In Thailand, marital property, or Sin Somros, is regulated under the Civil and Commercial Code. Upon marriage, Thai law divides property into two categories: Sin Suan Tua (personal property) and Sin Somros (marital property). Understanding the distinction is crucial for couples, especially during divorce or inheritance matters.
1. Personal Property (Sin Suan Tua)
Sin Suan Tua refers to assets that belong exclusively to one spouse, and these typically include:
- Pre-marital assets: Property owned before marriage remains personal property.
- Gifts and inheritances: Any property given or inherited by one spouse during the marriage is personal.
- Personal items: Clothes, tools, and items for personal use remain separate from marital property.
Sin Suan Tua is not subject to division upon divorce, and each spouse retains full ownership of their personal property.
2. Marital Property (Sin Somros)
Sin Somros refers to property acquired during the marriage. This includes:
- Income earned by either spouse during the marriage, regardless of who earned it.
- Assets purchased during the marriage using either spouse’s earnings.
- Fruits and benefits from Sin Suan Tua, such as rental income or interest derived from pre-marital assets, unless agreed otherwise.
Sin Somros is jointly owned by both spouses, and upon divorce or separation, it is subject to equitable division.
3. Property Management During Marriage
In Thailand, both spouses have the right to manage Sin Somros, but certain transactions require mutual consent, including:
- Selling or mortgaging real estate that forms part of Sin Somros.
- Taking loans or creating other liabilities using marital assets.
- Entering into contracts that impact marital property.
Without mutual consent, any unilateral actions involving significant marital property could be contested.
4. Prenuptial Agreements
Couples in Thailand may enter into a prenuptial agreement to regulate the division of property during marriage and in the event of divorce. These agreements must meet certain conditions to be valid:
- The agreement must be made before marriage.
- It must be registered at the same time as the marriage registration.
- Both parties must voluntarily agree, and it cannot violate public order or good morals.
Prenuptial agreements allow couples to clearly define which assets will remain personal and how marital property will be managed.
5. Division of Marital Property in Divorce
In the event of divorce, marital property (Sin Somros) is divided equally between the spouses, unless a prenuptial agreement dictates otherwise. Thai courts may order the sale of joint assets, or they may divide the property in kind, depending on the situation.
However, any personal property (Sin Suan Tua) remains with the individual who owns it, and only marital property is subject to division.
6. Inheritance and Marital Property
In the case of inheritance, personal property remains Sin Suan Tua unless it has been commingled with marital property. For example, if one spouse uses inheritance money to purchase a property in both spouses’ names, the asset may be considered marital property.
Moreover, upon the death of one spouse, the surviving spouse has a right to their share of the marital property before any inheritance is divided among heirs.
Conclusion
Understanding the distinction between personal and marital property in Thailand is crucial for couples, particularly in divorce or inheritance matters. The concept of Sin Somros allows for joint ownership of assets acquired during marriage, while Sin Suan Tua protects each spouse’s pre-marital and personal assets. By managing property through mutual consent and considering prenuptial agreements, couples can ensure clarity and fairness in managing their assets throughout the marriage.
