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Family property in Thailand

It is good if both parties in a divorce can quickly agree on who gets what. However, this is not always the case. Questions almost always arise about how marital property should be divided between the spouses after the divorce.

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Marital Property in Thailand.

Under Thai law, property during divorce can be divided into two categories: Sin Suan Tua (personal property) and Sin Somros (marital property).

Types of Property in Thailand

These are the types of property in Thailand regarding marital property. Thai courts look at these two types of property when you get divorced in Thailand. Talk to our lawyers online or in person if you're unsure which property everyone owns.

SIN SUAN TUA (personal property)

Marital, personal property includes the following:

  • Private property owned by both spouses before marriage;
  • Private property, clothing, or jewelry;
  • Private property acquired during the marriage by will or gift;
  • Khongman (dowry).

SIN SOMROS (joint property)

The property jointly acquired during the marriage, is the following:

  • Property acquired during the marriage;
  • Property acquired by the spouse during the marriage by will or gift;
  • Result in Sin Suan Tua (separate property results);

In case of doubt as to whether the property is Sin Somros or not, it is considered Sin Somros.

Division of assets in a divorce in Thailand

Usually, Sin Comoros is the subject of the division of spouses' property in a divorce. But sometimes, even Sin Suan Tua becomes a matter of dispute.

Splitting Sin Somros 50/50 is the most reasonable solution. If the couple's investments during the marriage include money or company stock, the sharing becomes less labor-intensive. However, couples' homes and vehicles are joint investments during their marriage, and they cannot be physically split in half without changing or losing the use and value of the property.

A compromise as to which party will use the property must be reached for them to agree to divorce. They may also decide to sell all of the marital property and divide the proceeds of the sale.

If you have a prenuptial agreement in Thailand, make sure your Thai lawyer will consider the property division provisions.

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Update: 15-02-2023
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