When Marrying Changes Status: Will Property Bought Before Marriage Become Marital Property?

In the era of the Solo Economy, or the economy of living alone, it is widely accepted that owning real estate from early adulthood is not unusual. Many people choose to buy condominiums or their dream homes as a "life reward" and a "safe haven" for themselves, even when still using the titles Mr. or Miss.

But when life circumstances change from "one person" to "two people," an important question often whispered arises: Will the assets we worked hard to acquire while single immediately become communal property once we register our marriage?

Let's clearly define what is "personal property" and what is "marital property."

According to the Civil and Commercial Code, the principle to distinguish between "personal property" and "marital property" is to use the "cutoff point in time" as the deciding factor.

• Personal property (Section 1471) refers to assets owned "before" marriage registration, whether houses, condos, land, or vehicles. If the title deed was in your name prior to registration, the asset remains 100% your personal property indefinitely (including inheritances received during marriage unless the will explicitly states they are marital property).
• Marital property (Section 1474) comprises assets acquired "during" the marriage, or those obtained by either party through wills or gifts explicitly designated as marital property, including the "fruits" of personal property (for example, rental income from a condo bought before marriage but earned after marriage registration is considered marital property).

In summary, houses or condos purchased while single do not become "marital property" after marriage. Ownership remains solely yours, and in the event of divorce, these assets do not have to be divided equally.

When you want to change "mine" into "ours"

Although legally these are personal assets, many couples choose to pay mortgages together to build their family. If you want your spouse to share ownership, there are two options to be aware of.

• Joint borrowing (Refinance): If the property is still mortgaged, you can apply to refinance and add your spouse as a co-borrower. The bank will reassess income and repayment capability as if applying for a new loan.
• Adding a spouse's name on the title deed: To have your spouse’s name jointly on the deed, you must proceed at the Land Office, where associated fees should be budgeted as follows.

1. Transfer fee: 0.5% of the appraised value.

2. Withholding income tax: calculated according to Revenue Department guidelines (the transferor is treated like a seller).

3. Stamp duty: 0.5% of the sale price (which must not be lower than the appraised value). However, if the holding period is less than 5 years or the name appears on the house registration for under 1 year, a specific business tax of 3.3% may apply instead.

Summary for singles (who are about to fall in love)

Knowing the law is not about selfishness or preparing for separation, but about Financial Literacy that helps two people manage assets transparently, reduce conflicts, and build sustainable financial security together. Whether you choose to remain single in the Solo Economy or prepare for married life, owning your own home is always the proud foundation of success.

Source: DD Property

Read personal finance news and financial planning with Thairath Money to help you "achieve good finances and a good life."https://www.thairath.co.th/money/personal_finance

Follow the Facebook page: Thairath Money at this linkhttps://www.facebook.com/ThairathMoney