Key Takeaways
- Marital Property Defined: Under Section 1474 of the Thai Civil and Commercial Code, marital property, or Sin Somoros, includes assets and earnings acquired during the marriage, with both parties typically holding equal ownership regardless of who holds the title.
- Available Legal Remedies: Victims of marital property theft in Thailand can either file a police report or pursue a private prosecution, where a preliminary hearing determines if sufficient evidence exists to proceed to trial, ensuring that unilateral asset disposal does not unjustly harm the other spouse.
Relationships in Thailand
Within the Thai legal system, theft has long been addressed as a criminal act under the premises of Thailand’s Criminal Code. But what happens when this theft occurs within an intimate relationship between a married couple?
A growing body of evidence indicates that theft within relationships remains a largely unexplored area of the law.
Let’s face it—no one wants to accept that their loved one has potentially been stealing from them, but it happens. In this article, WSR Law’s commercial and legal experts examine the unique challenges posed by property theft in the context of marriage in Thailand.
Theft in Marriage
Under Thai law, marital property is commonly known as Sin Somoros. Under Section 1474 of Thailand’s Civil and Commercial Code (CCC), Sin Somoros refers to:
- Earnings and property acquired during the marriage;
- Property acquired during the marriage through a will and/or gift; and
- Fruits of Sin Suan Tua.
As Thai law treats marriage in the same terms as an economic contract or partnership, property acquired by a married couple during the course of their marriage is generally considered marital property. Thus, both parties have rights to most of the property within the marriage, meaning that neither the husband nor the wife can unilaterally acquire full ownership over such property.
Generally, each party to a marriage is deemed to have equal ownership of marital property. Furthermore, it does not matter which spouse holds title or ownership documents over tangible and intangible property.
Can a Spouse Acquire our Property?
Under Thai law, assets gained throughout the marriage cannot be acquired by another party until the marriage is finalized by divorce.
If either spouse attempts to, or disposes of, marital assets before the divorce is finalized for their exclusive benefit, with the intention of causing economic damage to the other spouse, or without the other spouse’s consent, that spouse must compensate the other for the losses incurred.
What Can I Do to Get My Property Back?
With regard to property theft in Thailand, there are two main avenues a victim can consider.
Firstly, they can file a police report and follow the judicial process, which can be fairly slow in Thailand. Secondly, Thailand permits private prosecutions, allowing victims of property theft to directly initiate criminal proceedings in court without going through the police or prosecutor channels.
In such cases, the court will organize a preliminary (or investigative) hearing where the victim must present sufficient evidence or witness testimony to establish probable cause.
If the court determines that the complaint lacks merit, the case will be dismissed and no further action will be taken. If the evidence is adequate to warrant a prosecution, the case will proceed to trial, and the accused spouse will be arraigned to enter a plea.
How Can WSR Law Help You?
With extensive experience in handling cases involving marital property theft, WSR Law’s family and criminal law experts are uniquely equipped to safeguard your legal rights in Thailand.
Our team understands the complex emotional and financial implications of these disputes and offers personalized legal strategies.
Through expert negotiation and strategic litigation, we work diligently to ensure that your interests are fully protected throughout the legal process in Thailand.
