See the note made on prenuptial agreements if you are getting married in Thailand and planning on taking your Thai wife back to Australia. If you are staying on in Thailand then the property laws would be as listed below. Marital property in Thailand is divided into personal property and community of property. The definitions are much wider than it would be under Australian law. Take legal advice on all property matters before you get married.
Many Australians who decide to live in Thailand tend to ignore a prenuptial agreement and opt at times for other forms of property protection such as registering a usufruct or registering a superficies over the property which they bought as foreigners cannot own a villa or house in their own names in Thailand. You need to seek legal advice as to your options and any property you might wish to buy while in Thailand. Many Australians also buy property in Thailand and return to Australia with their Thai wife or Thai fiancée thinking that they will return later and retire in Thailand. Many of the property areas such as Phuket are retirement investment which people rent out and add to their local cash reserves in Thailand. Sort of like a working investment for retirement.
Thai Property in Marriage
These could present a problem if you do not plan properly legally speaking. You get divorced from your Thai wife in Australia having to split everything you have or you could get divorced in Thailand with a slightly different result. If you are buying property in Phuket then speak to a lawyer in Phuket for more assistance and guidance before marriage.
Real Estate in Thailand in marriage is divided into 2 types of property according to Thai law. There is ‘Personal Property’ and also ‘Community of Property’. The examples are given below.
Community of Property (‘Sin Somros’)
- – Any property (car, real estate) you bought together during the marriage;
- – Property (car, real estate) both of you received as a gift or a joint inheritance;
- – Any Income received from any the private property each holds such as rental payments;
Private Property (‘Sin Suan Tua’)
- – Property (car, real estate) you had owned before you got married;
- – Property (car, real estate) you had inherited or was a gift for you personally and not as a couple;
- – Personal Property used to generate your income be is tools or a computer;
- – Your engagement gifts you had received.
Consider all your options are you plans for the future. Nobody plans on having a flat tire however it does not hurt to have a spare in the car when you need it. Marriage is like a road trip, you need to plan ahead even for the impossible or probable. Always seek legal advice from a lawyer in Thailand when you are planning your future with your Thai wife or fiancée.