Buy A Condo, When Already Married!

[HampiK]

Hello,

I read many times, that it is better to buy a condo before marriage. But i thought, if you buy a condo with your own money, it also depends to you alone.

Because also for the money, it depends to the person. So why this should be different in marriage.

Let's assume there is a contract, which declares, that every person have their own money.

So, the money is coming 100% from the man, and he buy the condo with his money. Mean the condo should also be his.

[InterestedObserver]

What you would need is a prenuptial agreement registered simultaneously along with the marriage at the local Amphur. Such a contract made during marriage cannot be enforced against the wife. Property purchased during marriage becomes marital assets subject to 50/50 spit upon divorce.

Edited August 3, 2010 by InterestedObserver

[HampiK]

mean, a prenuptial agreement made before marriage outside thailand is not enough?

Because as for switzerland, this is what you need to do signed by a lawyer as well.

Thanks for your respond.

[oracle]

What you would need is a prenuptial agreement registered simultaneously along with the marriage at the local Amphur. Such a contract made during marriage cannot be enforced against the wife. Property purchased during marriage becomes marital assets subject to 50/50 spit upon divorce.

Subject to Section 1472: As regards to Sin Suan Tua (personal property), if it 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 Sin Suan Tua.

Everything you owned before marriage remains yours during the marriage. It's not that everything you buy after marriage should be split when you separate.

[stgrhe]

What you would need is a prenuptial agreement registered simultaneously along with the marriage at the local Amphur. Such a contract made during marriage cannot be enforced against the wife. Property purchased during marriage becomes marital assets subject to 50/50 spit upon divorce.

Subject to Section 1472: As regards to Sin Suan Tua (personal property), if it 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 Sin Suan Tua.

Everything you owned before marriage remains yours during the marriage. It's not that everything you buy after marriage should be split when you separate.

As the OP is already married, and the money for the intended condo comes from a married man, the OP must prove that he had that money before the marriage, which might be tricky. A much better way is that the wife in this case gives her part of any questionable money as a gift to her husband stating that it is his and his alone.

[aussiebebe]

Hello,

I read many times, that it is better to buy a condo before marriage. But i thought, if you buy a condo with your own money, it also depends to you alone.

Because also for the money, it depends to the person. So why this should be different in marriage.

Let's assume there is a contract, which declares, that every person have their own money.

So, the money is coming 100% from the man, and he buy the condo with his money. Mean the condo should also be his.

Yes, a foreigner can buy and own a condo in their own name while married to a Thai national, there is no legal requirement to register it in joint names.

If the foreigner who purchased the condo while married had an Uncontested divorce, where the Thai spouse agreed they could keep it, there would be no need to sell and divide the proceeds. Simply register the divorce agreement at the district office.

In the case of a Contested divorce, where no agreement can be met, it's far from simple; the foreigner owner is under no obligation to relinquish their property rights as they are under no obligation to grant divorce to their Thai spouse. If the foreigner doesn't agree to the divorce then the onus is on the Thai spouse to file for divorce in a Thai court under one of the grounds provided for under Thai law, and provide evidence of a genuine reason.

[InterestedObserver]

Once you are in a Thai court for a divorce the Judge determines the property split which is usually 50/50. If you can prove that you funded the condo with 100% premarital funds then the Judge might award the condo to you.

[oracle]

Once you are in a Thai court for a divorce the Judge determines the property split which is usually 50/50. If you can prove that you funded the condo with 100% premarital funds then the Judge might award the condo to you.

Under the Thai marriage property system it's marital assets that are split 50/50, say the increase to what you owned before you marriage. In Thailand upon divorce it's not the

rule of everything you own.

[InterestedObserver]

Once you are in a Thai court for a divorce the Judge determines the property split which is usually 50/50. If you can prove that you funded the condo with 100% premarital funds then the Judge might award the condo to you.

Under the Thai marriage property system it's marital assets that are split 50/50, say the increase to what you owned before you marriage. In Thailand upon divorce it's not the

rule of everything you own.

And that is what a prenuptial agreement, registered along with the marriage at the Amphur is for, to declare your Sin Suan Tua assets and to limit divorce liability. The OP was talking about a condo purchased during marriage, thus marital assets until proven otherwise.

Edited August 5, 2010 by InterestedObserver