Is my Thai wife entitled to half of everything?

Understanding Division of Marital Property in Thailand

Marital Property Division

In Thailand, marriage creates jointly owned marital property, which includes assets and debts. Upon divorce, all marital property is divided equally between the husband and wife. This division can be a subject of disagreement, and proving personal property is essential to avoid equal division.

Personal vs. Marital Property

In case of doubt, any property acquired during the marriage is considered marital unless proven otherwise. Personal assets, also known as ‘Sin Suan Tua,’ are separate assets not subject to division in a divorce. To protect personal assets, it is recommended to have a prenuptial agreement and maintain a record of personal assets.

Contracts and Gifts

Agreements between spouses regarding assets, such as loans or gifts, can be voided during marriage or within one year of divorce. The return of money in such cases is governed by the provisions on Undue Enrichment.

Divorce Laws in Thailand

In a mutual consent divorce, terms are agreed upon by the spouses without court involvement. However, in a contested divorce, where agreement is not reached, a judge decides based on the law and individual circumstances.

Expert Advice and Services

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