If a spouse buys a house with premarital funds, is it still private property?

Yes. Property bought using premarital funds remains private property, even if purchased during the marriage.

Is appreciation of private property shared after marriage?

No. The increased value remains private property. Only income generated from the asset (e.g., rent) is shared as community property.

Are gambling debts shared after divorce in Thailand?

No. Gambling debts are not community debts, and the responsible spouse must pay them. Only debts incurred for family benefit are shared.

Are all debts split equally upon divorce in Thailand?

No. Only debts incurred for the family are split. Personal or illegal debts are the responsibility of the spouse who incurred them.

Can foreign couples choose foreign law for their property in Thailand?

No. Thai law applies to immovable property in Thailand. For marital property, the husband's nationality typically governs under Thai conflict of law rules.

Thailand Prenuptial Agreements and Marital Property

The Thai Civil and Commercial Code (Sections 1465–1493) provides a detailed legal framework governing property relations between spouses. This guide explains how prenuptial agreements, personal assets, and marital property are treated under Thai law.

Printed Thai English prenuptial agreement, document with actual signing moment

What Is a Prenuptial Agreement Under Thai Law?

A prenuptial agreement (or ante-nuptial contract) is a legal document signed before marriage that determines how assets will be owned and managed. According to Thai law:

Must be made in writing, signed by both parties and two witnesses
Must be registered at the same time as the marriage
Cannot conflict with public order, good morals, or apply foreign law
Cannot be modified after marriage unless approved by the Court

Types of Property: Sin Suan Tua vs. Sin Somros

1. Sin Suan Tua (Personal Property)

Property owned before marriage
Items for personal use or tools of trade
Gifts or inheritances not declared marital
The engagement gift (Khongman)

Converted or substituted assets remain Sin Suan Tua. Each spouse manages their personal property independently.

2. Sin Somros (Marital Property)

Assets acquired during marriage
Gifts/inheritances declared marital
Income from personal property (fruits of Sin Suan Tua)

By default, all property acquired during marriage is presumed Sin Somros unless proven otherwise.

Managing Marital Assets

Managing marital assets under Sin Somros requires joint management by both spouses. Certain actions, however, must be carried out with mutual consent. These include selling or mortgaging real estate, leasing property for a period longer than three years, lending money, gifting property, entering arbitration agreements, or using assets as legal guarantees. If one spouse proceeds with any of these actions without the other's agreement, the other spouse has the right to seek court intervention to revoke or block the transaction.

Customizing Property Management via Prenup

Spouses may override default Sin Somros management rules via a legally compliant prenuptial agreement. However, such arrangements must not affect third-party rights made in good faith.

Financial Obligations and Debts

Personal debts are paid from Sin Suan Tua, then that spouse’s share of Sin Somros
Joint debts include those related to household, family maintenance, child education, and shared business

Protection and Division of Marital Assets

If a spouse misuses Sin Somros or becomes insolvent, the other may:

Request Court division of assets
Be appointed sole manager
Request interim protections

After legal division, each party's share becomes Sin Suan Tua. Future acquisitions are treated as personal property.

Conclusion

Understanding Thai marital property law is vital, especially for international couples. A valid and well-structured prenuptial agreement can prevent conflict and protect both parties’ interests.

Need legal advice?

Real Questions from Clients – Answered by a Thai Lawyer

We asked a Thai lawyer to clarify how Thai marital and property laws apply in real-life situations. Click a question to read the legal opinion:

1. Can community property rules be changed by prenuptial agreement?

No. Community property rules under Section 1474 of the Thai Civil and Commercial Code are public order and cannot be altered by contract. Only assets acquired during marriage (excluding gifts/inheritance) are shared.

2. If a spouse buys a house using premarital money, is the house still private property?

Yes. If the house is purchased using funds acquired before marriage, it remains private property, even if purchased during the marriage.

3. What happens to the increased value of a private property upon divorce?

The increase in value remains private property. However, income from the property, like rent, is considered community property.

4. Are debts from personal behavior (e.g., gambling) shared upon divorce?

No. Only debts incurred for the family are community debts. Personal or illegal debts, like those from gambling, are not shared.

5. Are pension increases during marriage considered community property?

This requires further analysis and depends on how the pension is structured and recognized under Thai and possibly foreign law.

6. Can a Thai and foreign spouse apply foreign law to property in Thailand?

No. Under Thai law, the husband's nationality determines the applicable marital law, but Thai law always applies to immovable property located in Thailand.