When they register marriage to be legal husband and wife how to split and manage property between husband and wife. According to Thai Law, there are 2 kinds of property between husband and wife. That is property that husband and wife get before marry. We can call “personal property”. Property that husband and wife get after marry we can call “marriage property” And reader can understand that what is personal property and what is marriage property. Writer will explain to understand as follows.
There are 4 kinds of personal property. It consists of property that have before marry. It does not matter how much does it cost or register or not. It is a personal property of person who own property. Although, after marry husband and wife will use property together. Personal property will not become to be marriage property. Personal property includes personal equipment, decorations, tool to earn for living. Even if he or she use marriage property to buy, equipment still be personal property. Personal property means one of spouse gets property from heritage or gratuitous. The time that he or she get money is after register marriage. It is the same like give property between husband and wife. Marriage property will becomes to be personal property. Marriage price that man gave to woman, ownership belongs to woman immediately at the day that she get it.
Marriage property is property that husband and wife have ownership and duty to manage together. When man and woman register marriage property that any side include salary, bonus, pension, or money that both sides get after register marriage. These properties are marriage properties. There are 3 kinds of legal marriage property which is property that spouse get during marry without consider that who find it. If money that they get is result of marriage property, the status of property is marriage property. In the same time if personal property has produce, it doesn’t matter it’s normal produce for example trick or legal sense (rental fee and interest). If they get during marry, it will be marriage property. And last kind of marriage property is property that any side get from heritage or giving that specify to be marriage property. When we understand that how personal property and marriage property looks like. The next article we need to know that when we have any property, how can we manage property, husband or wife has power to be the sole who manage property. Please follow us in the next article.
Management 2 kinds of property between husband and wife. In Thailand specifies law of management property between husband and wife in Civil and Commercial Code as follow:
In case property is personal property. Law gives power to spouse who is owner can use power to manage alone. Other spouse does not relate. Property management means maintain, preserve or make it has more advantage. Moreover it includes sell, mortgage, pawn or make it obligation in that property for example; Ying has a plot of land which is personal property. Ying can sell that plot of land without permission form husband which different from marriage property management. Because the word “marriage property” is property that husband and wife are owners. They have ownership together, but for convenience to manage marriage property. Law gives power to husband and wife to manage marriage property alone except to manage important which has to manage together only. Marriage property which husband and wife need to manage together for example sell, exchange, sell on consignment, mortgage real estate set up or withdraw servitude, right above the real estate ground, rent real estate more than 3 years and any borrow as law specifies.
Law specifies regulation to spouse or husband and wife have to manage marriage property as mention, because it’s very important. If let one of spouse manage alone the damage may happens to family or build obligation too much. It may causes the problem after this. Law specifies rules to husband and wife to follow to keep benefit to family and spouse.