Marital property: acquired before marriage NO, after YES?

When you are married and you buy something, then under Thai marital laws everything obtained before marriage is personal property and everything acquired after the marriage it is community property? before NO, after YES?

Asked 6 years ago
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It depends if it is purchased with marital property, not everything purchased after marriage becomes property of the marriage. For example your spouse has no money at the time of marriage, then when you buy a house in the first year of marriage purchased with money you already owned before the marriage this acquisition does not become a marital property and does not need to be divided when the marriage ends. But you need to be able to proof the purchase came from your personal property (prenuptial?) or the acquisition may in case of doubt be considered a marital asset.

The issue in Thailand in a Thai foreign marriage is that immovable property containing land is often purchased as a personal property of the Thai spouse and not as a marital property of husband and wife. Therefore it does not need to be divided as a marital property and you need to come to an agreement with your spouse or follow a court procedure to divide the property. Also in this case you need to be able to proof where the money came from or this realty in Thailand could be considered a sole personal asset of your Thai spouse which does not need to be divided and you may end up with nothing.

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Answered 6 years ago
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