Who has rights to an inheritance in a married couple?

[bamboozled]

US man marries Thai woman in Thailand. US man's parents die and leave an inheritance to the man. Who has rights to this inheritance, in Thailand, in the case of divorce? Who has rights to this inheritance, in US, in the case of divorce?

As I understand it, in Thai law, pre-marriage assets/debts remain in the hands of the individual and post marriage assets/debts are held in common. Does an inheritance to an individual become common property since the couple is married or does the fact that the inheritance was bequeathed to the specific individual and not the couple keep it as separate property? I pose the identical question in regard to US law...

Surely this must be a common situation for married couples. Perhaps a pre-nup is necessary to keep property separate in regard to a future inheritance.

[Mario2008]

For US law it is difficult to answer, as it is determined by state law and not federal law. So it would depend on the state where the property is in, and where you divorce.

For this kind of situations a pre-nup is often advisable. In many countries it is also possible to make a will and specifically state that the inheritance will not be joined property and remains the sole property of the beneficiary.

Not sure how Thailand is in regards to this, but often a judge will only consider the possessions in Thailand itself.

[ThaidDown]

Cannot answer for US, but in Thailand an inheritance remains sole property of the beneficiary (sin suan tua), section 1471 of the Thai Civil and Commercial code.

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.

[bamboozled]

Thanks folks. I figured the US part of the equation would prove the difficult part. I suppose one must consult a lawyer in the state where the will was made. However, is the state of residence of the couple the state that determines which laws are followed or is it the state where the will of the deceased was drawn? Wow, so many variables...

[Mario2008]

That could depend on the situation.

If you inherit a sum of money it could be that also the laws of the state you are living in will play a role, while if the inheritance is a house or land the state where property is located might play a role, and also the law of the state where the deceased made his will could play role.

This is a technical matter and better to ask a competent lawyer for the correct answer, especially when a lot of money is involved.

[bamboozled]

Yes, thanks Mario. It looks like a lawyer will have to be consulted. It would be nice to avoid the whole pre-nup if it is unnecessary.