Community of Property

Community of PropertyDividing the property during a divorce can be messy however with the advice from your barrister you should be able to understand the basics of Thai divorce law before you enter the court. Speak to our barrister in Thailand about your divorce. Speak to us in Bangkok, Pattaya, Isaan, Hua Hin, Phuket or Samui for more advice.

Property laws with regards to woman during a divorce has changed drastically over the years. After the second world war men has still be the owner and in charge of all the property during a divorce. In the mid 1970’s these laws had been changed and allowed woman far more rights than what they had before. Community of property is now much like a Western divorce where is equal share on the joint property accrued during the time of the marriage. Unlike Wester laws property in your name before the marriage still remains yours. This is where most of the confusion sets in with regards to property and divorce courts in Thailand.There are two types o property in Thailand with regards to marriage and divorce:

Sin Suan Tua

This is property that was yours before the marriage. This also includes property for personal use such as your clothing or your phone and computer. Also goods which would be seen as your tools of trade. Property which was inherited during the marriage or had received as a gift. Things such as an engagement gift would also still remain the property of the person who had recieved this gift.

Sin Somoros

This property is any property that was accrued during the course of the marriage. Income from the fruits of anything inherited during the marriage such as inheriting a house and renting the property creating an income. The income would be seen as joint property whereas the property would be seen as belonging to you. This would depend on the circumstances and you need to ask our barrister for a more in-depth explanation of this.

If you hold a prenuptial agreement in Thailand then you might very well ask your barrister to explain how this will affect the divorce. Usufruct and prenuptial agreements give you more leverage and the ability to negotiate.

Speak to a barrister today – call out toll-free US or UK numbers for more assistance or walk into any of our offices in Thailand.

Do it now!

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