I Loan My Wife
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Basically, under Thai law yes you can do an agreement with your wife, but under Thai law any agreements between husband and wife can be voided. In this case the return of the money shall be governed by the undue enrichment section of the civil code. This could become complicated, must be calculated and depends on if you can proof what part of the money came from your personal (separate) property (money). Another option could be that you do a loan with your wife under French civil law and chose the application of French law on the loan agreement and when necessary follow French court proceedings to claim your money back when required. Any French court ruling must again go through a Thai court procedure to be executed in Thailand, but your wife cannot set section 1469 up against this (French) court ruling. The loan should be backed in Thailand with a mortgage registration.
Any agreements (like any voluntary transfer of money from your personal account (gift) or loan agreement between husband and wife) can be voided by either party simply because it is the law in Thailand (section 1469). For the same reason you cannot make a contract governing property of husband and wife after the marriage (post-nuptial) without court approval. At the time of divorce marital assets are divided between husband and wife and personal assets not. What you get in a divorce often also depends on what you can prove in court as to be personal assets read more...
1. Yes, there is a procedure at the land office. When a Thai national married to a foreigner request ownership registration of land in Thailand the land office involved must make sure that the land becomes a personal property of the Thai spouse alone (separate from marital property). Land in Thailand may not become a jointly acquired property of a foreign husband and Thai wife under Thai marriage laws. See reference link below this post.
The above means that property of husband and wife and personal property of each spouse cannot be altered by agreements between husband and wife (as it is governed during the course of the marriage by Thai marriage laws). I would say that a loan between husband and wife can be voided, the return of the money shall be governed by the provisions on Undue Enrichment (406 - 419 civil and commercial code)
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I Loan My Wife
