Community of Property

Community of Property

community of property thailand

CHAPTER IV
PROPERTY OF HUSBAND AND WIFE

 

Firstly this is how community of property in Thailand is viewed. This translation should not be seen as legally binding or used as legal advice or guidance. This text has been provided for educational and comprehension purposes and contains no legal authority. We will assume no responsibility for any liabilities arising from the use and/or reference of this text.

Speak to us online or via WhatsApp or application Line for proper legal advice. Finally, speak to our family lawyer if you do not fully understand how community of property in Thailand compares to your country. You can also the definition of marriage in Thailand.  See also the law on child legitimation as well as getting divorced and getting married in Thailand. See also the definition of marriage.

 

Section 1465

Where the couple has not concluded a special contract on a property before marriage, the relationship between them and the property will be governed by this Chapter. If there is a prenuptial agreement then this cannot be contrary to the moral or public order or where the law to govern it is governed by another country’s laws is void.

 

Section 1466

Note that the prenuptial contract will be void unless it was registered in writing and signed by both parties on the day of the marriage registration or unless it is made in writing and signed by the parties and by at least two witnesses and attached to the marriage register and the statement that the prenuptial agreement is attached to it and recorded in the marriage register at the time of marriage registration.

 

Section 1467

Once this marriage and the prenuptial are registered it may not be altered or revoked, unless permitted by the courts. If there is a final order from the courts to revoke or alter the agreement then the court will notify the marriage registrar to record this in the marriage register.

 

Section 1468

No statement in the prenuptial agreement will not affect the rights of third parties acting in good faith, irrespective of whether or not it is altered or revoked by a court order.

 

Section 1469

Any agreement concerning any property entered into by a couple during the marriage can be canceled by either party during their marriage or within one year from the date of divorce, provided that the rights of all third parties acting in good faith will not be affected.

 

Section 1470

The property of a couple other than those set aside as separate property shall be community property.

 

Section 1471

Property that is deemed to be separate will be the following property:

(1) Property that belonged to either party before the marriage;

(2) Personal property such as apparel or jewelry suitable to the status or necessary tools and equipment for the carrying on of the occupation or profession of either spouse; (Note that in Roman-Dutch Law this is referred to as “tools of trade” of the spouse)

(3) Property which is obtained by either party during the marriage either by gift or inheritance;

(4) Any property which was an engagement gift. (See the Engagement Laws in Thailand)

 

Section 1472

If you sell and use the money to buy another property or exchange separate property for another property. Then the money and other property you bought will be separate property.

If your separate property was destroyed or partially destroyed but replaced by other property or money this money or property will be viewed as separate property.

 

Section 1473

Each spouse will manage their separate property.

 

Section 1474

The definition of community property will be property such as:

(1) Property acquired by your spouse during the marriage;

(2) Property acquired by any spouse during marriage as a gift or by a will wherein writing such will or writing specifies it as being part of community property;

(3) Also property which are the fruits of the separate property.

Where there is doubt if the property is community property or not, the law presumes that it is community property.

 

Section 1475

Where there is any community property that is under Section 456 of this Code (immovable property will be void unless it is made in writing and registered in the presence of a competent official. This will also apply to a contract of sale of movable property with an agreed price of over 20,000 THB. This provision also covers the sale of ships of 5 tons and over, as well as the sale of floating houses as well as beasts of burden) or represented by a document, the husband or wife may apply for having his or her name entered in the document as the co-owner.

 

Section 1476*

The married couple will manage the community property jointly or obtain consent from the other party in the following cases:

(1) With regards to selling, discharging mortgage, exchanging, letting out property on HP, as well as selling with the right of redemption, mortgaging, or when transferring the right of a mortgage on the immovable or movable property on which a mortgage may be created;

(2) Also where establishing or terminating a servitude in part or whole, as well as the right of habitation, the right of a superficies, usufruct or charge on the status of any immovable property;

(3) When, with the term of more than 3 years, letting on lease immovable property. (Long term leases need to be registered against the title deed of the property)

(4) Where one is granting a loan;

(5) Also giving a gift, except for the gift made suitable for the family’s status, or made for charity, for society, or according to moral obligations;

(6) Where agreeing to compromise; (legal settlements included)

(7) Also when submitting a dispute to arbitration for decision; (See also arbitration in Thailand)

(8) Where placing property (movable or immovable) as a guarantee or security with a competent official or court.

Note that the management of community property (except for the instances listed) can be done by one spouse without the consent of the other.

 

Section 1476/1*

The couple may manage the community property differently compared to Section 1476, this can be in whole or in part. This is only when a prenuptial contract has been entered into as provided for by Section 1465 as well as Section 1466. When this occurs then the community property will be managed as per the prenuptial agreement.

If however, where a prenuptial contract specifies the management of the community property concerning only a part of Section 1476, (you may leave the management of the superficies or usufruct in the management of your wife and nothing else, so only Section 1476 (2) is managed by the prenuptial agreement reflecting this, so it is not jointly managed in that regard) the management of the community property other than those specified in the prenuptial agreement will be following Section 1476.

 

Section 1477*

The wife or the husband may bring, prosecute or defend any action when it comes to the preservation and maintenance of the community property. This or for the benefit of the community property. Any obligation incurred during these actions will be regarded as the joint and several obligations of the couple.

 

Section 1478

Should consent be a need for the management of property and the other party refuses to consent without reason, the party can apply to a court for the granting of permission.

 

Section 1479

When an act requires mutual consent from husband and wife, and if it is required by law to be made in writing or registered by the government, then such consent will be in writing.

 

Section 1480*

When jointly managed community property which has to be jointly conducted or requires the consent of the other party under Section 1476. Should one party make a juristic act alone or without the consent of the other party, the other spouse can apply for revocation of such juristic act to court. This unless he or she has already ratified it or the third party was, at the time of making the juristic act, acting in good faith for value.
There is a time limit of one year from the date if no action for revocation by a court of the juristic act under paragraph one may be brought. This or after 10 years if it was done from the date of the juristic act. The date here refers to the date on which the cause of the revocation is known.

 

Section 1481

Neither party has the power to bequeath the community property exceeding their entitled portion to any person.

 

Section 1482*

Where either of the parties in the marriage where one has all power to manage the community property. The other spouse will retain the power to manage the household and provide necessities for them according to their circumstances. The expenses of this management are binding on the community property and separate properties of both of them.

Should the management of household affairs or providing the necessities by the husband or the wife cause any undue loss, the other can apply to a court for prohibition or the limiting of such power.

 

Section 1483*

Where the wife or the husband has the sole power when it comes to managing common property. If one party is going to carry out or is carrying out an act that can be seen as causing an undue loss, the other party can apply to a court to stop this act.

 

Section 1484*

Should either wife or husband in the marriage who manages the common property:

(1) The managed common property suffers undue losses;

(2) Where the one party fails to maintain the other party;

(3) The party becomes insolvent or incurs debts exceeding half of the community property;

(4) The party prevents the other party’s management of the community property without valid reason;

(5) Where it appears, under the circumstances, that the party is ruining the community property,
The other party can apply to court permitting the applicant to be the sole manager or to divide the common property.

In the case of paragraph one, the court may issue an interim protective order for the management of the community property. Also in an emergency, the provisions on the request in an emergency under the Civil Procedure Code will apply.

 

Section 1484/1*

If the court has issued an order to limit the power or prohibit one of the parties under Section 1482, Section 1483, or Section 1484. If the circumstances have subsequently changed, the parties can apply to a court to have the order canceled or change the limitation or prohibition as the courts may deem appropriate.

 

Section 1485

Either party in the marriage can apply to a court for one of them to manage specific community property or to participate in such management if such participation would be more beneficial.

 

Section 1486*

When the court has issued a final judgment or order under Section 1482, paragraph two, Section 1483, Section 1484, Section 1484/1, or Section 1485 in favor of the applicant or under Section 1491, Section 1492/1 or Section 1598/17 or when the husband or wife has been released from his or her bankruptcy status, the court shall inform the registrar for record in the marriage register.

 

Section 1487*

Neither spouse may not attach or seize the property of the other during the marriage. The exception is where the seizure of property or attachment is an action with the purpose of performance of duties or protection of rights between the parties provided in this Code or as specifically allowed by this Code to seize or attach property for unpaid allowances for maintenance and fees under a court’s judgment.

 

Section 1488

Where there is a personal obligation incurred before or during the marriage. The performance must first be made from the person’s separate property and if there is not enough then from the person’s portion of community property.

 

Section 1489

If the couple are joint and several debtors, the performance will come out of the community property and then the separate properties of both the parties.

 

Section 1490

Debts for the couple where they are jointly and severally liable will include the following debts incurred by either of the parties to the marriage, during the marriage:

(1)* Debts concerning household affairs, necessities for the family as well as maintenance and medical treatment for members of the family as well as the education of the children as appropriate to the circumstances;

(2) The debts concerning the community property of the couple;

(3) Debts incurred of a business jointly carried on by the husband and wife;

(4) The debts incurred by either of the parties for their sole benefit but ratified by the other party;

 

Section 1491

If the couple is declared bankrupt then the community property will be divided under the law from the date of such adjudication.

 

Section 1492*

By dividing the community property (Section 1484, paragraph two, Section 1491 or Section 1598/17, paragraph two). The divided portion will become separate property of one of the parties and all properties acquired by either party will then not be deemed community property but separate property. The community property from a will or by gift under Section 1474 (2) will then become separate property of the husband and wife in equal parts.

Fruits of separate property acquired after the division of the community property shall be separate property.

 

Section 1492/1*

Where there is a division of the community property by a court order. This can be canceled on application to the court by either of the parties. If one party raises an objection the court can cancel the division of community property where the reason for the division no longer exists.

When the cancelation of the division of community property because one party has been rehabilitated out of his or her bankruptcy, the property which is the separate property on the date of the order of the court or the date of the release from the bankruptcy status shall remain separate property.

 

Section 1493

Where community property no longer exists, the household expenses will be in proportion to the parties’ respective amount of separate property.

 

Section 1476 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)

Section 1476/1 has been added by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)

Section 1477 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)

Section 1480 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)

Section 1482 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)

Section 1483 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)

Section 1484 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)

Section 1484/1 has been added by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)

Section 1486 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)

Section 1487 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)

Section 1490 (1) has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)

Section 1492 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)

Section 1492/1 has been added by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)