Upon Divorce, Would A Condo Be Split Jointly If Money For Purchase Was Aquired Through Inheritence?

[bangkokburning]

First and foremost, there is no divorce or death upon my familes immediate horizon.

Here is the question with a bit of qualification:

Anything aquired after one marries is split jointly - property, liquid assets...

What about money? Surely under Thai law inheritence is not thought of as jointly owned? Surely inheritence of a non Thai citizen with assets in a foreign country?

Cash aside, what if property was purchased with inheritence? Would the property be protected or would it then slip into the gray area of mixing assets (like a joint account)? Property law overrides inheritence law.

I beleive in.the US a property or investments can be made and kept as long as they are always exclusive.

Thanks.

[Khun Jean]

Section 1471. Sin Suan Tua consists of:

(1) property belonging to either spouse before marriage

(2) property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse

(3) property acquired by either spouse during marriage through a will or gift

(4) Khongman.

Section 1472. As regards to Sin Suan Tua, 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.

Where the Sin Suan Tua has been totally or partly destroyed but replaced by other property or the money, such other property shall be Sin Suan Tua.

Section 1473. Each spouse is manager of his or her Sin Suan Tua.

For all the rest see: http://www.samuiforsale.com/law-texts/thailand-family-marriage-laws.html

Edited May 25, 2013 by Khun Jean

[bangkokburning]

Thanks Jean ☺

So would indeed appear that if I were to purchase with money will to me, she would be eligible for half. If not, surely if sold she would get half.

Seems to be related to real estate, there is all sorts of property not land. Wonder how that fits i to the picture?

Thank you again!

[Khun Jean]

I think you have to read it again.

Because money that is willed to you is yours, everything you buy from that is yours, if you sell it it is yours etc..

The part where it gets difficult is that a marriage is valid also in your country.

If you not have a separate prenuptial signed before marriage you own country will make it shared property and assets.

The laws in Thailand are really good at keeping assets separated from people. It helps the rich that marry poor to keep everything.

Edited May 25, 2013 by Khun Jean

[bangkokburning]

Thanks for those thoughts.

I'm not worried about the US. Law is pretty clear. You only get into trouble when assests are mixed.

We are very happy - but money is money.

Thx