How are marital assets and property divided in the event of divorce?
Thailand is a "Community Property" jurisdiction. When a couple divorces in Thailand, Separate Property (Sin Suan Tua), namely assets and property acquired before marriage, generally remains the property of the owner. Assets and property acquired during marriage are generally considered Community Property (Sin Som Rot) with both spouses having an ownership right.
However, although this basic description of separate and community property seems simple, there are numerous exceptions and qualifications. There are, for example, special rules concerning real estate. Also, Conflict of Law rules may apply when the divorcing persons reside outside of Thailand, have property outside of Thailand, or have entered into a marriage or prenuptial agreement outside of Thailand. The rules regarding division of property are complex and the Thai Courts will divide the property according to the law and individual facts of the case.
Debts incurred during the marriage, whether they are household, medical, or educational, are in general the responsibility of both parties.