When getting married in Thailand consider what the implications are in Thailand with regard to property. The property laws in Thailand during marriage is not the same as many of the laws in the West. This may be the reason why many in Thailand think that a prenuptial agreement is not needed.
Marriage & Property in Thailand
Always take proper legal advice in Thailand before you get married because if you go home with your wife then these laws during your divorce is not going to be applicable. Consider what happens when you leave and the laws change. You will note why a prenuptial agreement is a good idea even under Thai law because of this.
Much like community of property in the West in Thailand marital property is called ‘Somros’. Just as in the West during a divorce this ‘Somros’ is divided equally amongst the parties as it is done in the West. Note that there are 2 types of property in marriage in Thailand. The first type of property is called 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’
- Property you might have bought during the marriage;
- Goods or property you both received as a gift or inheritance where the gift was for both;
- Any income or fruits from private property (Sin Suan Tua)
Property bought before marriage – ‘Sin Suan Tua’
- Assets which you owned or your wife owned before marriage;
- Assets inherited or given as a gift to you only and not as a couple;
- Personal property which you use to generate an income as well as clothing;
- Gifts given at your engagement “Khongman” which is any gifts give to you.
It is still best as stated above to ensure that you have a prenuptial agreement because should you leave Thailand and go and live in your own country then you will need to ensure that your assets are protected as Thai law is now no longer applicable. Many expats know this yet many still view that they will live and die in Thailand so there is nothing to worry about.
Thai property laws makes it difficult for a foreigner to own a house in Thailand. With many restrictions on foreigners you might want to consider a prenuptial agreement to ensure that you are not left out of house and home in the event of a divorce.
As you might know that only a Thai national may hold land or the villa in their name. Thai law further stipulates that the house will be in her name and you will have to go to the Land Office to swear that you have no claim against the property. You have many options such as registering a superficies or a usufruct in Thailand however a prenuptial may also give you added protection.
Take proper legal advice.