This information is for reference only and is not legal advice. Consult a licensed lawyer before any transaction.
Civil and Commercial Code - Marriage and Marital Property
Civil and Commercial Code, Book V (Family)
The information is reviewed and updated monthly against official sources.
In short
Book V of Thailand's Civil and Commercial Code governs how spouses own and manage property, distinguishing personal property (sin suan tua) from jointly owned marital property (sin somros), and is central to land deals involving a foreign spouse because land registered to a Thai partner is presumed marital and the foreigner cannot hold a controlling interest in it.
1465: Default property regime where no prenuptial agreement exists
If a couple did not sign a special property agreement before registering their marriage, the statutory rules of this chapter automatically govern their finances. Any prenuptial clause that offends public order or good morals, or that subjects the couple's property relations to foreign law, has no legal effect.
1466: Formal validity of a prenuptial agreement
A prenuptial agreement is valid only if its terms are recorded in the marriage register at the moment the marriage is registered, or alternatively put in writing, signed by both spouses and at least two witnesses, with a register note confirming the document is attached. Skipping these formalities renders it void.
1467: Changing the agreement requires court approval
Once the marriage is registered the prenuptial agreement is frozen: neither spouse may unilaterally rewrite, amend or cancel it. Any later modification is permitted only with the authorisation of the court, which protects both partners and third parties relying on the original terms.
1470: Property is either personal or marital
All assets of the spouses fall into one of two categories: personal property (sin suan tua) belonging to one spouse alone, and marital property (sin somros) belonging jointly to both. This binary split is the foundation for every question of ownership, management and division.
1471: Personal property (sin suan tua) defined
Personal property covers assets owned by a spouse before the marriage, items for personal use such as clothing or ornaments and professional tools suited to that person's standing, and anything received during the marriage by inheritance or gift. It stays the sole property of that spouse.
1472: Substitutes for personal property remain personal
If personal property is sold, exchanged or destroyed, whatever replaces it keeps the same status: the new asset, or the money received, is still personal property. This tracing rule lets a spouse preserve the personal character of value originally acquired before or outside the marriage.
1473: Each spouse manages their own personal property
A spouse has full and independent control over their own personal property and may sell, lease, mortgage or give it away without needing the other spouse's consent. The other spouse has no say and no automatic claim over assets classed as sin suan tua.
1474: Marital property (sin somros) and the presumption of joint ownership
Marital property includes assets acquired by either spouse during the marriage, property given by will or gift expressly stated to be marital, and the income or fruits produced by personal property. Where it is unclear which category an asset belongs to, the law presumes it is marital property.
1475: Right to be registered as co-owner of marital property
Where a marital asset is of a kind that is recorded in an official register, such as land or a vehicle, a spouse may demand that their name also be entered as co-owner. This makes the joint ownership visible to authorities and to anyone dealing with the asset.
1476: Major transactions need both spouses' consent
For important dealings with marital property the spouses must act together or one must obtain the other's consent. This covers selling or mortgaging immovable property, granting leases longer than three years, making loans or gifts, settling disputes by compromise and submitting matters to arbitration.
1476/1: Modifying management rules by prenuptial agreement
Spouses may agree to manage their marital property differently from the default joint-consent rule, but only through a valid prenuptial agreement. If such an agreement attempts to give one spouse rights wider than the law allows, that part is treated as if the standard statutory rule applies instead.
1480: Revoking a transaction made without consent
If one spouse carries out a transaction requiring joint consent without obtaining it, the other spouse may ask the court to cancel that act, unless they later ratify it. The court will not, however, undo the deal against a third party who acted in good faith and for value.
1482-1483: Household needs and protection against harmful management
Even where one spouse manages the marital property, the other may still incur ordinary household and family expenses, which bind both the marital and the personal property of each. If a spouse's management threatens serious loss, the other may petition the court to forbid the harmful act.
1484: Court-ordered sole management or separation of property
A spouse may ask the court to grant sole management of, or to separate, the marital property where the other causes undue damage, fails to support the family, becomes insolvent or runs up excessive debt, improperly obstructs management, or otherwise endangers the marital estate through misconduct.
1533: Equal division of marital property on divorce
When a marriage ends in divorce, the marital property is split equally between the two spouses, regardless of who earned or registered it. Personal property is excluded from this division and stays with its owner. This equal-share rule is the default unless a valid prenuptial agreement provides otherwise.
thai-spouse-land-acquisition: Land bought by a Thai spouse: marital-property declaration
A foreigner cannot own land, so land registered to a Thai spouse is presumed marital property. To register the purchase, the Land Department requires both spouses to sign a joint declaration confirming the funds are the Thai partner's personal property, so the land is treated as that spouse's sin suan tua and the foreigner holds no ownership stake.
1469: Practical effect for property and inheritance planning
Because gifts and inheritances are personal property while most assets bought during marriage are marital, careful documentation matters. Stating in a will or deed of gift whether an asset is intended to be personal or marital, and recording the source of purchase funds, directly determines who keeps the asset on divorce or death.