Thai Partner - Property Before Marriage

[waters]

Hi All,

My Thai partner and I are planning on registering our marriage here in Bangkok.

Before we do - we'd like to know what if any implications there are for the home and land she owns in her hometown. Her family home and the property it is built on is currently in her name - although at some point in the future it will likely be split between her and her only sibling. The land is valuable and naturally her family would like to know if there are any issues that she should aware of before marrying a foreigner.

So our question is twofold.

First - are there any implications under the Thai Land Law that may complicate her ownership of the house and land if she marries a foreigner. I've read the following here http://www.thaivisa....thailand.0.html ...

... However, under current Land Office policy the Thai spouse can own land in Thailand, provided that the foreign spouse signs a letter declaring the property to be the separate property of the Thai spouse and waiving any interest in the property.

... which suggests that all that is required is a letter for the Land Office. Is this letter the same as a prenuptial agreement? Or is there a simple letter available from the Land Office that we can use?

Second, should she be concerned about preparing a prenuptial agreement to protect her ownership of the house and personal property?

Thoughts?

[ThaidDown]

If she already owns the land in her name before marriage then there are no issues at all.

Under Thai law it is deemed Sin Suan Tua or her private property. Her rights to it are not affected in any way by marriage (or any subsequent divorce, just covering the bases, not implying anything.)

The land office regulation that you quote is applicable when a Thai married to a foreigner wants to buy land not when she already owns it before marriage.

All assets acquired during marriage are sin somros or common property and would be split if a later divorce.

edit to add .. following may be of help http://www.thailawonline.com/en/family/divorce-in-thailand/separation-of-assets.html

Edited July 25, 2012 by ThaidDown

[waters]

Thanks ThaidDown - very helpful.

[beano2274]

You seem to be already married, but as long as everything was in her name before marriage then no problems.

[waters]

Hi beano2274,

We've had our Thai wedding ceremony - but have not yet registered the marriage.

[beano2274]

Hi beano2274,

We've had our Thai wedding ceremony - but have not yet registered the marriage.

Okay so you have to do all the running around then first to get married properly.

Since not legally married everything she owns is hers, anything you buy during the marriage needs to be split.

[dieter1]

sorry..

what is split in the case of divorce is not what is bought within marriage!

It is the growth in property, what has to be split!

So if one can prove, that the money for buying something was earned before marriage, it should still belong to him/her after marriage.

This is no grow of proberty, just a change (f.e. house for money).

If the value of the house will change, f.e. increase, the increase (or decrease) has to be split in the case of divorce ...

[dieter1]

I do like this phrase:

"...if there are any issues that she should aware of before marrying a foreigner."

or this one:

"Her family home..."

what does this mean "her family home" ? and how would they call your relationship ?

and next:

"although at some point in the future it will likely be split between her and her only sibling"

who is the "subject" in this sentence? Someone has to split it, if it will be split ! So if she is the owner, she has to split it! Not her "family" can do it! So this lady will throw away her property within the marriage. IS it up to the farlang husband, to throw away his property in the same way?

....

just some thoughts...

[northernboy]

Just write a prenuptial agreement and file when registering your marriage that easy. as long as in her name no problem at all. She must show documentation on filing of ownership.

Sorry the answers I see are from uninformed people. Best to ask a professional than here.

[krisb]

If she already owns the land in her name before marriage then there are no issues at all.

Under Thai law it is deemed Sin Suan Tua or her private property. Her rights to it are not affected in any way by marriage (or any subsequent divorce, just covering the bases, not implying anything.)

The land office regulation that you quote is applicable when a Thai married to a foreigner wants to buy land not when she already owns it before marriage.

All assets acquired during marriage are sin somros or common property and would be split if a later divorce.

edit to add .. following may be of help http://www.thailawon...-of-assets.html

Really? thats interesting. I find this site fascinating, Edited August 10, 2012 by krisb

[krisb]

Under former Land Office policy, Thai nationals who married foreigners were prohibited from ownership of land in Thailand. This prohibition was based on principles of community property law and a general presumption that the Thai spouse was holding the land for the benefit of the foreigner. However, under current Land Office policy the Thai spouse can own land in Thailand, provided that the foreign spouse signs a letter declaring the property to be the separate property of the Thai spouse and waiving any interest in the property.

Says it all except that once divorced, what happens? I take it you get nothing from the land cause technically its not yours, right? so does that include the house built on the land?

I should start another thread, sorry if Im hijacking.

Edited August 10, 2012 by krisb

[Bangkokhatter]

It is really straight forward, what she has before marriage will still be hers if the marriage ends in divorce. The foreign husband is treated the same, what was his will still be his.

What is bought during the marriage is shared, apart from land as we cannot own land in Thailand .

[krisb]

It is really straight forward, what she has before marriage will still be hers if the marriage ends in divorce. The foreign husband is treated the same, what was his will still be his.

What is bought during the marriage is shared, apart from land as we cannot own land in Thailand .

except the house built on her land. its her land and therefore anything on it is also hers right?

[Muggi1968]

Just to be curios.

What if:

I legally marry a Thai woman.

The wife start business after wedding and lose a lot of money......

Will her debt also be my debt ?

And can the bank take my money (private property) from before we got legally married

or only the money i have earned in my job in Thailand after we married ?

Edited August 12, 2012 by Muggi1968

[Mario2008]

You will find that you often have to co-sign for loans your wife takes out. That is not for nothing.

Her debts are often your debts too, and you can be asked to pay for it as well, including from the money you had before marriage. With a nuptial agreement you can protect your self against this liability.

Of course she can also set up a company and have no personal liability.

The bank can of course only take money with court approval, where you also can have your say.

[Muggi1968]

You will find that you often have to co-sign for loans your wife takes out. That is not for nothing.

Her debts are often your debts too, and you can be asked to pay for it as well, including from the money you had before marriage. With a nuptial agreement you can protect your self against this liability.

Of course she can also set up a company and have no personal liability.

The bank can of course only take money with court approval, where you also can have your say.

Thanks for the answer

It is actually a little scary...

My exsperience with thais is that they not always checks out the consequences of their actions before they do things...

So the wife can intentional ruin you - Hi Hi

This mean that farrangs should always have a pre nuptial agreement no matter what .

Maybe I should re-marry my wife

[Bangkokhatter]

It's quite simple to avoid, just don't co sign any loans.

[bangkokburning]

Quick question not to hijack the thread—

By posts it appears that ...

Money aquired before marriage (my side)

Used to purchase condo in marriage

Split is 50-50 upon divorce.

No condo prior to my 70th birthday I guess

Edited August 23, 2012 by bangkokburning