In a recent court case Thailand marital property, We represented a wife whose husband secretly transferred assets to his mistress. Thai law gives clear protection in such situations.
As a family lawyer, one case that we recently handled illustrates very clearly how the law protects the rights of a spouse when marital property is wrongfully transferred. It involved a husband secretly transferring assets to his mistress without his wife’s consent.
Many people do not realize that under Thai law, if one spouse disposes of or gives away marital property without the other spouse’s consent, the affected spouse can file a lawsuit to revoke that transaction.
The Legal Framework
The relevant provisions are found in the Thai Civil and Commercial Code:
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- Section 1476 provides that management of marital property must be done jointly, or with the consent of the other spouse, in certain cases, including when giving property away by way of gift, unless it is a reasonable donation for charity, social purposes, or customary duties.
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- Section 1480 states that if such a transaction is carried out without consent, the other spouse may bring a claim in court to have the transaction revoked.
In simple terms: if a husband transfers marital assets to his mistress without the wife’s approval, the wife has a clear legal right to revoke that transaction.
The Facts of the Case
In this case, the husband and wife had been legally married for over 30 years and had two children together. The wife later discovered that her husband was having an affair. Worse, he had transferred money and purchased various assets for his mistress.
When the wife confronted the mistress and asked her to end the relationship, the mistress refused. The husband even threatened that if his wife took legal action, he would give away all marital property to the mistress.
The Court’s Judgment
The court ruled in favor of the wife:
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- The mistress was ordered to pay 1,000,000 THB in damages to the wife.
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- The gratuitous transfers made by the husband to the mistress were revoked.
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- The wife was confirmed as co-owner of the marital property, as claimed in her lawsuit.
This judgment highlights that the law does not leave a spouse defenseless. A wife is not expected to tolerate the loss of marital assets to a third party without recourse.
Key Takeaways for Clients
If you ever face a similar situation, remember:
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- Marital property must be jointly managed.
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- If your spouse transfers property without your consent, you can challenge it in court.
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- The court can order compensation from the third party and revoke the unlawful transaction.
Most importantly, do not let anger or despair cause you to overlook your legal rights. Consulting a lawyer early on can help you safeguard both your assets and your dignity.
In Summary
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- A husband cannot legally give away marital property to his mistress without consent.
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- The wife has the right to file for revocation.
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- The mistress may even be liable to pay damages.
Protect Your Rights with Lex Bangkok
At Lex Bangkok, we understand how emotional and complex marital property disputes can be, especially when a third party is involved. Our experienced family lawyers are here to help you protect your assets, safeguard your rights, and find the best path forward.Whether you need advice on revoking unlawful transactions, claiming damages, or navigating family law in Thailand, we’re ready to stand by your side.
- The mistress may even be liable to pay damages.
Contact Lex Bangkok today for a confidential consultation and take the first step toward securing your future.
Email: info@lexbangkok.com