When getting a divorce in Thailand, property division among the parties usually needs agreement. Especially for properties that cannot be divided into half without altering or losing the use or losing the value of the property such as house and vehicles. In this case, an option to sell the property and divide the proceeds of the sale may be agreed by two parties. Division of marital property is usually indicated in the divorce agreement.
During divorce, Thai courts identify the spouses’ properties into 2 categories:
- Sin Suan Tua
This refers to properties separate to a marriage and are deemed as pertaining to the spouses individually which includes: a.) Property belonging to either spouse before marriage; b.) Property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse; c.) Property acquired by either spouse during marriage through will or gift; d.) Khongman (engagement gift given by the man to the woman as evidence that the marriage shall take place; should not be confused with the Dowry or “Sin Sod”).
- Sin Somros
This refers to properties belonging to the marriage and is subject of marital property division in divorces. Arrangement of the couple would usually be 50-50 division (or split into half). Sin Somros includes: a.) Property acquired during marriage; b.) Property acquired by either spouse during marriage through a will or gift made in writing and declared in such will or document of gift to be Sin Somros; c.) Fruits of Sin Suan Tua (fruits of the separate property).
If there is a prenuptial agreement, division of marital property between spouses will not be a problem as it usually includes provisions on property division.
See other related resources here: Marital Property in Thailand.
