MARITAL PROPERTY

What is marital property?

Marital Property or Sin Somros are all properties and financial assets acquired by a couple during their marriage, ordinarily used by them and their children while they are living together for shelter or transportation, or for household, educational, recreational or social purposes.

Anything that belonged to one spouse before the marriage is non-marital property or Sin Suan Tua.

Is marital property always divided equally?image_40

The concern on property division does not usually arise during the marriage, but when a couple decides to separate.  Upon divorce, the Sin Somros shall be divided equally between spouses.

Are gifts that my spouse gave me during our marriage considered as marital property?

Any property acquired by either spouse during marriage through a will or gift is considered as a personal property or Sin Suan Tua.

What is considered non-marital property (Sin Suan Tua)?

Each spouse is the manager of his or her own Sin Suan Tua.  It consists of:

property belonging to either spouse before marriage;

property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse;

property acquired by either spouse during marriage through a will or gift;

Khongman.

What is considered to be marital property (Sin Somros)?

Sin Somros consists of:

property acquired during marriage;

property acquired by either spouse during marriage through a will of gift made in writing if it is declared by such will or document of gift to be Sin Somros;

fruits of Sin Suan Tua.

Community-PropertyIn managing the Sin Somros in the following cases, the husband and wife have to be joint manager, or one spouse has to obtain consent from the other:

Selling, exchanging, sale with the right of redemption, letting out property on hire-purchase, mortgaging, releasing mortgage to mortgagor or transferring the right of mortgage on immovable property or on mortgageable movable property.

Creating or distinguishing the whole or a part of the servitude, right of inhabitation, right of superficies, usufruct or charge on immovable property.

Letting immovable property for more than three years.

Lending money

Making a gift unless it is a gift for charitable, social or moral purposes and is suitable to the family condition.

Making a compromise.

Submitting a dispute to arbitration.

Putting up the property as guarantee or security with a competent official or the Court.

The management of the Sin Somros in any case other than those mentioned above can be made only by one spouse without having to obtain consent from the other.

In case either spouse is the sole manager of the Sin Somros, if the manager is going to commit or is committing any act in the management of the Sin Somros which would appear to result in undue loss, the other spouse may apply to the Court for an order forbidding commission of such act.

If either spouse who is the manager of Sin Somros:

causes undue loss to it;

fails to support the other spouse;

becomes insolvent or incurs debts to an amount exceeding one half of the Sin Somros;

hinders the management of Sin Somros by the other spouse without reasonable ground;

is found to have circumstances that will ruin the Sin Somros;

the other spouse may apply to the Court for an order authorizing him or her to be the sole manager or dividing the Sin Somros.

What about our debts?

Where either spouse is personally liable to perform an obligation incurred before or during marriage, such performance shall be first made out of his or her Sin Suan Tua; if the obligation is not performed in full, it shall be satisfied out of his or her portion of the Sin Somros.

Where both spouses are common debtors, the performance shall be made out of the Sin Somros and the Sin Suan Tua of both spouses.

Debts that both spouses are jointly liable to perform, shall include the following debts incurred by either spouse during marriage:

debts incurred in connection with management of household affairs and providing for the necessaries of  the family, or maintenance, medical expenses of the household and for proper education of the children;

debts incurred in connection with the Sin Somros;

debts incurred in connection with a business carried on by the spouses in common;

debts incurred by either spouse only for his or her own benefit but ratified by the other.

If either spouse is adjudged bankrupt, the Sin Somros is divided by operation of law as from the date of adjudication.

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