Debt

[Deerculler]

If I marry to to a Thai woman and she has any debts. Mortage for example before we marry. If she were to die before me. Would I be liable for any money she owes?

[jazzbo]

courtesy samui4sale:

Section 1488

Where either spouse is personally liable to perform an obligation incurred before or during marriage, such performance shall be first made out of his or her

Sin Suan Tua

; if the obligation is not performed in full, it shall be satisfied out of his or her portion of the

Sin Somros

.

simply put:

Sin Suan Tuan -- Property acquired before marriage

Sin Somros -- property acquired during marriage or "fruits" of SST

[jazzbo]

Kuhn DC in NZ -- I know that the Thai Civil Code section doesn't fully answer your question... It would be a matter as to how her 'estate' would be settled, i.e. was there a will, are her combined SST and ST assets sufficient to payoff any obligations incurred, etc. So, the Lawyerly answer would probably be That Depends...

[Mario2008]

Moved to family and children section as not visa related.

[jazzbo]

(OK, Kuhn Mario) ... and the REAL Thai answer is that, if your (late) wife's obligations incurred prior to marriage exceed her SST and her share of the SS, and you legally have no obligations under Thai Civil Code for any of her remaining debt, that might not prevent the person owed from giving you, the wealthy Farang, a real hard time.

Edited November 18, 2009 by jazzbo