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ResourcesThai Civil and Commercial CodeBook5Book V Family Title I Chapter IV Property of Husband and Wife

Book V Family Title I Chapter IV Property of Husband and Wife

Page: 189

Section: 1471 - 1476

Section 1471.- Personal Effects are such as :

                  (1) The property belonging to either spouse before the marriage ;

                  (2) The property for the personal things, the dress or the ornament suitable for status in own living, or the tools and the instruments necessary to carry on the profession of either spouse ;

                  (3) The property being acquired by either spouse during the marriage by the will or making a gift ;

                  (4) The property being the Engagement Gift.

 

Section 1472.- In the matter of Separate Property, if the Separate Property has been exchanged for other property, or the other property has been bought, or the money has been acquired from selling the Separate Property, the other property or the money acquired is to be the Separate Property.

The Separate Property having been totally or partially destroyed, but being replaced by the other property or the money, the said other property or such money is to be the Separate Property.

 

Section 1473.- Each of the spouse is the manager of own Separate Property.

 

Section 1474.- Separate Property is such as :

                  (1) The property being acquired during the marriage ;

                  (2) The property being acquired by either spouse during the marriage by the will or by giving done in writing, when such will or the said writing of gift to be specified as the Marriage Portion ;

                  (3) The fruits of the Separate Property.

In case of doubt whether the property is Marriage Portion or not, it is presumed to be Separate Property.   

 

Section 1475.- If a Marriage Portion is the property of the kind specified in Section 456 of this Code or has the documentary title, having own name to be entered in the document as co-owners may be applied by either husband or wife.

 

Section 1476.- The husband and the wife have to manage jointly the Marriage Portion, or one of the spouses has to receive the consent from the other in the following cases :

                  (1) Selling, exchanging, sale with right of redemption, letting the hire-purchase, mortgaging, releasing of the mortgage or assigning the right to mortgage the immovable property or the mortgageable movable property ;

                  (2) Creating or terminating wholly or partly the servitude, the right of inhabitation, the right of superficies, the usufruct or the charge on immovable property ;

                  (3) Letting the immovable property for longer period than three years ;

                  (4) Lending money ;

                  (5) Making a gift unless giving advisable to the condition of the family for charitable, social and moral purposes ;

                  (6) Making a compromise ;

                  (7) Consigning a controversy to the arbitration ;

                  (8) Bringing the property into as the guarantee or the security with the competent official or the Court.

In case other than provided in the first paragraph, the management of the Marriage Portion can be done by the husband or the wife without having to get the consent from the other spouse.