The rights and obligations of both spouses toward their properties during the marriage in Thailand will depend on the presence of a Thailand prenuptial agreement entered into by the parties and registered prior to the registration of the marriage. A prenuptial agreement is one which sets out the terms and conditions on how properties will be managed during the marriage and how these properties will be fairly divided should there be a divorce.
If there is a prenuptial agreement, the spouses may agree on who will be the sole manager of specific Sim Somros (jointly-owned property). Without a prenuptial agreement, the properties which are jointly-owned by the spouses must be managed jointly by the spouses. For the following activities, the husband and wife are joint managers of the Sim Somros, and if one spouse wants to exercise any of the following acts, the consent of the other must be sought:
- Selling, exchanging, sale with the right of redemption, letting out property on hire-purchase, mortgaging, releasing mortgage to mortgagor or transferring the right of mortgage on immovable property or on mortgageable movable property.
- Creating or distinguishing the whole or a part of the servitude, right of habitation, right of superfices, usufruct or charge on immovable property.
- Letting immovable property for more than three years.
- Lending money to someone.
- Making a gift unless it is a gift for charitable, social or moral purposes and is suitable to the family condition.
- Enter into a compromise.
- Submitting a dispute to arbitration.
- Putting up the property as guarantee or security with a competent official or the Court.
For cases otherwise above-mentioned, the management of the jointly-owned property in Thailand may be delegated to one spouse and the dispositions may be made by that spouse without needing to seek permission from the other spouse.
This article was provided by Siam Legal, an international law firm with offices in Bangkok, Chiang Mai, Hua Hin, Pattaya, Phuket, and Samui. Siam Legal publishes guides dealing with Thailand property on its website.
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