Thailand Law Online

The simple formula under Thai law is that when the marriage ends only common property is divided equally between husband and wife and personal property is not divided. Division of assets when the Thai marriage ends depends if an asset is regarded as personal or jointly owned property between husband and wife. The basic principle how a property is determined marirtal (common, jointly owned) or personal is straightforward.

Personal property (section 1471 of the Civil and Commercial Code) of each spouse consists of:

•  property belonging to either spouse before marriage,
•  property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse,
•  property acquired by either spouse during marriage through a will or gift,
•  'Khongman' (dowry)(see second reference link below, section 1437)

Marital property jointly owned between husband and wife (section 1474) consists of:

•  property acquired during marriage, (eg. money earned during the marriage and property bought from it)
•  property acquired by either spouse during marriage through a will of gift made in writing if it is declared by such will or document of gift to be jointly owned between husband and wife
•  fruits of personal property (eg. income in the form of rent from a personal asset)

As visualized in the image below there will be 3 separate assets groups during the marriage, personal property of each spouse and marital (common) property between husband and wife.

Only the marital asset, the middle circle, will vary in size during the course of the marriage and must be divided between husband and wife when the marriage comes to an end. Personal assets of each spouse remain with each spouse during the marriage and divorce.

2 more principles must be taken in to account;

•  (Section 1472) if a personal asset has been exchanged to other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall be a personal asset. For example, if you buy a car during your marriage and you pay for the car with personal money (not marital) the car is a personal asset of the spouse who paid for it (if paid with personal property), even though acquired during the marriage
•  (section 1474) in case of doubt as to whether a property is jointly owned or not it shall be presumed to be jointly owned between husband and wife. For example, you bought a car but can't proof it is paid for with personal assets/ money it will be considered a marital property and must be divided in equal shares upon divorce.

Upon termination of the marriage, the marital assets shall be divided equally between man and woman. In a divorce in Thailand the division of assets is based on:

•  what is marital jointly owned assets (this must be divided), and
•  what is personal assets (this remains with each spouse).

If you can agree with your spouse how assets are divided (no-fault divorce on mutual consent) it is a private financial settlement between the spouses. If it has to go to court because you cannot agree with your spouse on the terms of the divorce the above comes down to what you can proof in front of a judge. To prevent that a divorce in Thailand is dragging on for one party's financial gain it is recommended to make a prenuptial agreement (among others to have a clear understanding of what is personal assets) and keep a form of marital accounting during the marriage (to prevent creating a mix of personal and marital assets because in case of doubt (section 1474) property acquired during marriage will be regarded as jointly owned marital property).

A special situation exists for the purchase of real estate in Thailand, as this is often paid for with personal assets of the foreigner, but signed aways as personal assets of the Thai spouse and therefore not divided as a marital home. Read more in the first reference link below.