With divorce comes assets and debts and this is how one should look at marital assets. Many disputes tend to arise during divorce about debt. Who was responsible for the purchase, loans, and also the sale of the property. The Civil and Commercial Code of Thailand covers the issue well under Section 1476 and stipulates how joint property is managed. You should read the article on Matrimonial Property to understand how property is divided in Thai law. This is for a joint property as in Sin Somros during a marriage. See also Thai divorce law on here.
The following instances under Thai law require that both parties have to consent to any of the following being done or if one person is doing it the other has to approve of it.
1. Letting out or selling property on hire purchase or otherwise. Many times this creates a dispute when goods are sold to family members and they refuse to pay later. Since your mother-in-law is not going to be paying for the motorbike you sold her, who is now responsible for the loss of the property?
2. Creating or removing a servitude or usufruct over the property. This becomes important if you have a property and you registered a usufruct to ensure your own occupancy in the event of a divorce so that you at least have a place to live.
3. Letting immovable property for more than 3 years as the Land Office requires the lease to be registered against the title deed as it is longer than 3 years.
4. Lending money which is a very important issue when it comes to recovering the money during a divorce.
5. Giving gifts outside of charity, social or moral purposes. Should your wife give the house to her brother as a gift, is this purpose suitable to family condition.
6. Making compromises such as settling a debt or legal issue where you are both involved.
7. Submitting a dispute to arbitration.
8. Placing property as security to the Thai courts can only be done with the consent of your spouse. Can your wife put the property up as security for your brother-in-law’s bail?
The Thai courts tend to allow for one spouse to make the decision for everything from 2-8 except for 1 which requires written proof as it is a transfer of ownership of an asset however 2-8 are very common issues that do arise during a divorce as it can be abused where family matters are concerned.
This is well noted in Section 1481 where it stipulates that no spouse may dispose of Sin Somros exceeding his or her portion of the Sin Somros. Always speak to a lawyer about the divorce assets and debts.
Section 1490 stipulates what the courts would consider being common debt in the house. Note the examples listed below which may be appropriate to you. These are listed as any debt which:
1. Debts for household affairs, schooling for the children, and medical expenses;
2. Debts for Sin Somros;
3. Also debts for a business both spouses own;
4. Debts for a spouse that has been approved of by the other.
When getting divorced in Thailand there are many issues to consider. Not only the divorce itself and the welfare of the children but also the dividing of property and the issue of outstanding debt. If you are getting divorced and need advice then email us today. You can also speak to us online or walk into our offices in Bangkok for a personal and confidential discussion with our divorce lawyer in Thailand.
The information contained on our website is for general information purposes only and does not constitute legal advice.