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ResourcesFamily LawPrenuptial and Premarital AgreementsThai Condos in the Context of Prenuptial Agreements

Thai Condos in the Context of Prenuptial Agreements

Transcript of the above video:

As the title of this video suggests, we are discussing Thai Condominiums in the context of prenuptial agreements. For those who are unaware, it is possible for a foreign national to own a condominium outright in Thailand, to have what we would call in the Common Law tradition in the United States, Fee Simple Absolute Title or Freehold Title in certain other of the Common Law jurisdictions. This is possible through what is called Chanote Title here in Thailand and this can exist notwithstanding the restrictions in Thailand against foreign nationals owning Thai real estate, so it is possible for a foreign national to own a condo in Thailand. 

Now what are we talking about in the context of a prenuptial agreement? Well let's say you own a condo in Thailand; you own it out right; you are a foreign national; it comports with the Thai Condominium Act; you have done all the formalities for that; you have a Chanote title to your Thai Condo, now you want to get married. Should you mention that condo in your prenuptial agreement? Absolutely. Transparency is the name of the game when it comes to prenuptial agreements so any property you have, you are going to want to have that disclosed in a prenuptial agreement so that it can't ever be stated that the other party to the marriage was unaware of property that was in your name. 

So again, condos are a perfect example of this. You are going to want to have that stipulated in a pretty detailed manner and you are probably going to want to contact a legal professional to assist in the drafting of a prenuptial agreement so as to provide for all the formalities in the event that a dissolution of the marriage could occur because you want to be sure that you are going to retain your ownership interest in your condo.  That is kind of the purpose oftentimes of having the prenuptial agreement. So again, formalities are key, the devil is in the details as they say, and that is also the case when it comes to the issue of condos in the context of prenuptial agreements here in the Kingdom of Thailand.