Marital Property in Thailand
An Australian citizen who is married to a Thai should be well aware of the laws of Thailand that are applicable to their marriage. This is needed in some cases like when he and his wife would choose to have their marriage dissolved through a divorce proceeding.
In relation to this, Thailand has identified two categories in which marital properties can be classified as such: either as a Sin Suan Tua or a Sin Somros.
To differentiate, the Sin Suan Tua is considered as a property separate their marriage as it:
- Belongs to a spouse who has acquired such property before marriage.
- Is a property that is for personal use such as a piece of clothing and ornaments among others.
- Has been acquired by a spouse during marriage "but" either as a gift or through a will.
- Has been acquired as a Khongman or what is known in western cultures as a dowry.
On the other hand, a Sin Somros is considered as a marital property as it:
- Is acquired during marriage but not as a gift, a dowry nor through a will.
- Is acquired through a will or as a gift but made in writing declaring such item as a Sin Somros.
- Is a fruit of the Sin Suan Tua.
While the Sin Suan Tua holds the promise of the type of marital property with the least likelihood to cause a conflict between the divorcing parties, in actual terms, both marital property types has the potential to cause an animosity between them especially if its involves properties such as a car or a house.
To avoid such conflict and to veer away from any unnecessary litigation proceedings to settle the issue, it is highly advisable for both parties to reach an agreement swiftly. Both parties can even choose to seal the property and then split the proceeds in between them.
For better standing of the properties, the applicable laws and procedures, is highly advisable for the Australian national to consult with his own property lawyer first before signing any documents. This is ensure that all are above board and are enforceable basing on the applicable laws.