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Цивільний і торговий кодекс - шлюб і подружнє майно
Civil and Commercial Code, Book V (Family)
Інформація перевіряється та оновлюється щомісяця за офіційними джерелами.
Коротко
Книга V ЦК ділить майно подружжя на особисте (sin suan tua) і спільне (sin somros). Земля на тайському подружжі вважається спільною, а іноземець не може мати в ній контрольну частку.
1465-1466: Prenuptial Agreements
An agreement on property made before marriage and registered at the same time as the marriage can set separate rules for spousal assets. Once registered, it binds both parties and generally cannot be changed later except through court approval or mutual consent under strict conditions.
1469: Agreements Between Husband and Wife
Contracts made between spouses while married may be canceled by either party at any time during the marriage or within one year after it ends, unless doing so would harm a third party who acted in good faith.
1470-1471: Categories of Marital and Personal Property
Thai law divides spousal assets into two groups: property owned individually before marriage or received personally as gifts or inheritance not designated as shared, and property falling under the broader marital pool described elsewhere. Classification affects rights on sale, transfer and division.
1474: Definition of Marital Property (Sin Somros)
Assets gained while married, certain gifts or inheritances marked as shared, and returns generated by personal belongings all count as joint marital property. When ownership status is unclear, the law leans toward treating the asset as shared between spouses.
1476: Management Requiring Spousal Consent
Certain major transactions involving joint assets, such as selling real estate, mortgaging property, or entering large guarantees, require both spouses to agree. Acting alone on these matters can make the transaction voidable if the other spouse objects.
1477: Liability for Actions Without Consent
If one spouse manages or disposes of shared property without the required consent, the other spouse may seek to void the transaction, subject to protecting outside parties who dealt honestly and without knowledge of the defect.
1533: Division of Marital Property on Divorce
Upon divorce, the pool of shared marital assets is generally split evenly between the two spouses, regardless of whose name appears on the title, unless a valid prenuptial agreement or court ruling sets a different arrangement.
1535-1536: Debts and Obligations of Spouses
Debts taken on for household needs or family benefit during marriage are typically shared obligations, while debts incurred purely for one spouse's personal purposes generally remain that spouse's individual responsibility, affecting how creditors may claim against marital assets.
foreign-ownership-restriction: Restrictions on Foreign Spouse Land Ownership
A foreign national married to a Thai citizen cannot directly own land in Thailand due to nationality restrictions under the Land Code. Land bought during marriage using shared or foreign funds is often registered solely in the Thai spouse's name, raising marital property questions on divorce or death.
land-office-declaration: Declaration of Fund Source at Land Registration
When a Thai spouse purchases land, land offices commonly require a signed declaration from the foreign spouse confirming that the funds used are personal, separate property of the Thai spouse rather than shared marital assets, to satisfy administrative registration procedures.
1625: Marital Property in Inheritance Cases
When a spouse dies, the marital property pool must first be divided before calculating the deceased's personal estate for inheritance purposes. Only the deceased's share of shared assets, plus personal property, passes to heirs under succession rules.
1471(3): Gifts and Inheritance as Personal Property
Property received by one spouse through gift or inheritance during marriage normally remains personal property, unless the document granting it explicitly states the asset should be treated as shared marital property between the spouses.
prenup-registration-practice: Practical Registration of Prenuptial Agreements
For a prenuptial agreement to be enforceable in Thailand, it must be in writing, signed by both parties and witnesses, and registered with the marriage at the district office. Unregistered or informal agreements generally carry no legal weight in property disputes.