If you are getting married in Thailand or you are getting divorced in Thailand then knowing the basics in Thai law becomes very important. Always take legal advice from an attorney in Thailand before you get married and also before you start divorce proceedings. This website will only give you a very basic overview of property law in Thailand when it comes to family law.

Property management in Thai Family law

  • Either spouse has the right to manage his or her private property;
  • Both spouses should manage common properties together, or with consent of the other spouse regarding:
  • – Selling, exchanging, selling with the right to redemption, mortgaging, releasing/transferring the right of mortgage on immovable and movable properties;
  • – Creating or extinguishing the whole or a part of domination, a right to inhabit, or a charge on immovable properties;
  • – Letting of immovable properties for more than three years;
  • – Making cash loans;
  • – Making gifts, wherein charitable or social purpose are excepted, or to comply with moral duty;
  • – Making a compromise;
  • – Presenting any dispute to arbitration;
  • – Putting up properties as security or guarantee to court officials;
  • Management of common properties other than the above-mentioned  can be done by one spouse without needing the consent of the other;
  • If either spouse has done a juristic act mentioned above without the consent of the other, such act shall only be valid when there is confirmation regarding the consent of the other spouse;
  • If the other spouse does not give consent to an act or does not confirm of it, that spouse may apply in court to revoke such juristic act;
  • The right to revoke a juristic act is only limited to one year from the time when the spouse became aware of the cause of revocation, or ten years from the time the juristic act was done;
  • Managing common properties jointly does not mean that the couple should ask consent from each other for every act. Either spouse has the authority to manage household affairs or to provide anything that is necessary to the family;
  • Debts incurred by either spouse during the marriage will be regarded as common debts which hold both spouses equally liable as follows:
  • – Debts incurred for managing household affairs, maintenance and medical expenses of the household and education for the children;
  • – Debts incurred which are connected to the common property;
  • –  Debts incurred  which are connected to a business carried on by a spouse in common;
  • – Debts incurred by either spouse for personal benefit but consented by the other;

All common property shall be returned to each spouse equally upon the termination of the marriage. Both spouses are equally liable for common debts.

 

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