FAQs Relating to Martial Property

Understanding how marital property is defined and managed in Thailand is essential for protecting your rights during marriage or divorce. Thai law distinguishes between Sin Somros (marital property) and Sin Suan Tua (personal property), each with its own rules on ownership, management, and liability. Knowing these differences helps couples make informed decisions about assets, debts, and legal responsibilities throughout their marriage.

Is marital property always divided equally?

Property division is typically not a concern during the marriage, but it becomes relevant when a couple decides to separate. Upon divorce, marital property is generally divided equally between the spouses, unless specific circumstances justify a different arrangement under Thai law.

Are gifts from my spouse during our marriage considered marital property?

No. Anything you receive as a gift or inheritance during the marriage is treated as your personal property, not part of the marital assets.

What are non-marital properties (Sin Suan Tua)?

Each spouse manages his or her own Sin Suan Tua (non-marital property). This includes:

Property owned by either spouse before marriage
Personal items, clothing, or ornaments appropriate to one’s social status, and tools necessary for one’s profession
Property acquired by either spouse during the marriage through a will or as a gift
Khongman (engagement gift)

What does marital property consist of (Sin Somros)?

Sin Somros refers to the property jointly owned by both spouses. It includes:

Property acquired during the marriage
Property acquired by either spouse during the marriage through a will or written gift, if declared as Sin Somros in the will or gift document
Fruits (income or benefits) derived from Sin Suan Tua (personal property)

Management of Sin Somros

Both spouses must act as joint managers—or one must obtain the other’s consent—when dealing with the following matters:

Selling, exchanging, redeeming, leasing under hire-purchase, mortgaging, releasing a mortgage, or transferring mortgage rights on immovable or mortgageable movable property
Creating or extinguishing servitudes, habitation rights, superficies, usufructs, or charges on immovable property
Leasing immovable property for more than three years
Lending money
Making gifts, unless for charitable, social, or moral purposes appropriate to the family’s circumstances
Entering into a compromise
Submitting a dispute to arbitration
Using the property as a guarantee or security before an official or the court

In all other matters not listed above, either spouse may manage the Sin Somros independently without the consent of the other.

In Case Either Spouse is the Sole Manager of the Marital Property

If the managing spouse commits, or is about to commit, any act in managing the Sin Somros (marital property) that may cause undue loss, the other spouse may apply to the court for an order prohibiting such act.

If the spouse who manages the Sin Somros:

Causes undue loss to the property;
Fails to provide proper support to the other spouse;
Becomes insolvent or incurs debts exceeding one-half of the Sin Somros;
Unreasonably obstructs the other spouse’s management of the Sin Somros; or
Is found to have acted in a way that may ruin the Sin Somros;

then the other spouse may apply to the court for an order either:

Authorizing him or her to act as the sole manager; or
Dividing the Sin Somros between them.

What about our debts?

If either spouse is personally liable for any debts incurred before or during the marriage, that spouse must use his or her Sin Suan Tua (personal property) to fulfill the obligation, either in part or in full. If the debt is not fully paid, the remaining balance must be settled using his or her portion of the Sin Somros (marital property).

When both spouses are jointly liable for a debt, payment shall come from the Sin Somros and, if necessary, from each spouse’s Sin Suan Tua.

Joint debts include those incurred by either spouse during the marriage for:

Managing household affairs and providing for family necessities, medical expenses, and children’s education
The benefit or management of Sin Somros
A business operated jointly by the spouses
Personal debts incurred by one spouse but later ratified by the other

If either spouse is declared bankrupt, the Sin Somros shall be divided by operation of law from the date of adjudication.

In summary: Both spouses share responsibility for debts related to family expenses, marital property, and joint business matters, while personal debts remain the liability of the individual spouse.

Need Legal Advice on Marital Property Division in Thailand?

Managing or dividing marital property can be complex, especially in cases involving shared assets, business ownership, or international marriages. Magna Carta Law Firm provides expert legal assistance in all aspects of Sin Somros and Sin Suan Tua, including marital property division, divorce settlements, and property rights in Thailand.

Contact us today for trusted legal advice to protect your interests and ensure your marital assets are divided fairly and lawfully.