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FAMILY LAW OF THAILAND
By Wimolsiri Jamnarnwej
Common Property ("Sin Somros")(29)
Common Property consists of:
(1) all property acquired by either spouse during marriage; (2) property acquired by either spouse during marriage through a will or gift in writing if it is declared in such will or document of gift that the property will be owned jointly by both husband and wife. (3) Fruits of private property.
In case of doubt as to whether a property is private property or common property, the law presumes that property to be common property.
HOW TO MANAGE PROPERTY?
The husband and wife can enter into an ante-nuptial agreement concerning the management of their property at the time of registration of their marriage. There are three limitations to the ante-nuptial agreement.
(1) the agreement must not be contrary to the public order or immoral; (2) the agreement must not provide that such property is to be governed by foreign law. (3) the agreement must be in writing, signed by both spouses and by at least two witnesses and registered at the time or registration of the marriage.
After marriage, the ante-nuptial agreement cannot be modified or rescinded except by authorization of the court.
If the couple do not enter into the ante-nuptial agreement, the management of their property will be governed by general rules of Family Law as follows:
1. Either spouse has the right to manage his or her private property.(30) 2. Both spouses must manage the common property jointly or with the consent of the other spouse in any of the following cases:(31)
(1) Selling , exchanging, selling with right of the redemption, letting and selling on the term of hire-purchase, mortgaging, releasing mortagage or transferring the right of mortagage on immovable property or movable property which is mortgagable; (2) Creating or extinguishing the whole or a part of a servitude, a right of habitation, a right of superficies, a usufruct, or a charge on immovable property; (3) Letting immovable property for more than three years; (4) Making a loan of money; (5) Making a gift, except with due regard to the family's station in life for charitable or social purpose, or in compliance with a moral duty; (6) Making a compromise; (7) Submitting a dispute to arbitration; (8) Putting up property as guarantee or security to the official or court.
(29) Civil and Commercial Code, Article 1474.
(30) Civil and Commercial Code, Article 1473.
(31) Civil and Commercial Code, Article 1476.