14040-2557

Land and house acquired after registration of the marriage were treated as Sin Somros despite being registered solely in the Thai spouse’s name, and were in principle divisible equally under section 1533. The foreign spouse’s share in the land remained subject to Land Code sections 86 and 94, while the same land-ownership restriction did not apply to the house or building itself.

Supreme Court Decision No. 14040/2557 (2014): Foreign Spouse Rights in Thai Land and House

In Supreme Court Decision No. 14040/2557 (2014), a Thai spouse and a foreign spouse acquired land together with a house after their marriage had been legally registered. Although both the land and the house were registered solely in the Thai spouse’s name, the Supreme Court held that the property had been acquired during marriage and therefore constituted Sin Somros (marital property) under section 1474(1) of the Thai Civil and Commercial Code.

Upon termination of the marriage, the spouses were in principle entitled to equal shares in the marital property under section 1533. Registration of the title solely in the Thai spouse’s name did not by itself prevent the foreign spouse from having a marital interest in the property.

Foreign marital rights do not override the Land Code

The foreign spouse’s rights as a co-owner of Sin Somros did not, however, override Thailand’s restrictions on foreign ownership of land. To the extent that division of the marital property resulted in the foreign spouse acquiring an interest in the land contrary to section 86 of the Land Code, that land interest could not simply be retained.

The Supreme Court applied section 94 of the Land Code, under which land unlawfully acquired by a foreigner must be disposed of within the period prescribed by the Director-General of the Department of Lands.

Land and house were treated differently

The Court also drew an important distinction between the land and the house or building standing on it.

The Land Code restriction applied to the land because foreigners are generally prohibited from owning land in Thailand. The same prohibition did not automatically apply to ownership of the building itself. A foreigner may, in appropriate circumstances, own a house or other structure separately from the land on which it stands.

This distinction is important in divorce and matrimonial-property disputes involving a foreign spouse, because the foreign spouse’s rights in the building may be treated differently from his or her interest in the underlying land.

Practical significance of Decision 14040/2557

• Property acquired during marriage can be Sin Somros even if the title is registered only in the Thai spouse’s name.
• A foreign spouse may therefore have a marital interest in Thai real estate acquired during marriage.
• Under section 1533, marital property is in principle divided equally when the marriage is dissolved.
• The foreign spouse’s share in the land remains subject to the Land Code restrictions on foreign ownership.
• An unlawful foreign land interest may have to be disposed of under section 94 of the Land Code.
• The house or building must be considered separately because foreign ownership of a building is not prohibited in the same way as ownership of land.

Supreme Court Decision No. 14040/2557 therefore confirms an important distinction in Thai property and marriage law: registration of land solely in the Thai spouse’s name does not necessarily determine whether the property is Sin Somros, but matrimonial-property rights cannot be used to circumvent Thailand’s restrictions on foreign land ownership.