The following video by thailawonline.com explains the two different types of properties in Thailand while you are legally married under Thai law. It gives you an idea of what you need to know before getting married as these concepts may have a huge impact on your properties such as your house, condo or land, in case of divorce.
Types of property between spouses
While married there are two types of property:
- Common Property (Sim Somros). Basically what you acquire after marriage.
- Personal Property (Sin Suan Tua). What you own before marriage.
Most important to keep in mind
More important is to understand that this distinction between personal and common property is Public Order. This means it cannot be changed by an agreement before marriage. In other words, if you go in a court, the judge will apply this rule regardless of any other agreement you may have reached beforehand.
Exceptions and specific circumstances
- Gifts you give to your wife, such as gold jewels, are considered Personal Properties.
- Inheritance. What you inherit while being married are considered Personal Properties.
- Buying Property with money from a sale before marriage. Let’s suppose you sell a house before marriage and take this amount to buy another house or condo after marriage. This amount will be considered personal property and will be taken off from common property, even if you change it to common property after marriage.
- The fruits or benefits from personal property after marriage. They are considered common property.
After divorce takes place
You will be able to keep your personal properties. Common properties will be separated fifty-fifty.
