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Spousal consent affects whether a buyer keeps marital land acquired from one spouse acting alone. Supreme Court Decision No. 3228/2569 concerned four plots, but the outcome differed: claims against the two 2006 transfers were time-barred, while the two 2017 transfers were revoked in full. The Supreme Court ordered the recipient to leave the two plots whose transfers had been revoked. The decision does not support a claim that a missing signature unwound all four sales twenty years later.
For foreigners buying property, leasing land or married to a Thai spouse, this decision is a sharp reminder that marital property rules under the Civil and Commercial Code sit underneath every land transaction in the Kingdom.
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The Case: Two Transfers Revoked, Two Claims Time-Barred
A husband and wife registered their marriage in 1976. Decades later, the husband sold four plots of land to the same buyer (two plots in 2006 and two more in 2017) and registered the transfers at the Land Office. His wife never gave her consent. After both spouses died, a child of the couple, acting as estate administrator, sued to annul the registrations, arguing the plots were marital property (sin somros) that the husband had no right to dispose of alone.
The trial court rejected the challenges to the two 2006 transfers as time-barred and revoked only half of each 2017 transfer. The Court of Appeal revoked the two 2017 transfers in full. The Supreme Court then held that the recipient, no longer a co-owner of those two plots, must leave them. See the text attributed to the Office of Judicial Assistants of the Supreme Court, reproduced by ThaiDeka.
Spousal Consent in Thailand: Sections 1476 and 1480
Section 1476 of the Civil and Commercial Code lists the transactions involving marital property that spouses must carry out jointly or with the other spouse’s consent. Selling or mortgaging immovable property (land, houses, condominium units that are sin somros) sits at the top of that list. The same section also covers creating a servitude, habitation right, superficies or usufruct over immovable property, and leasing it out for more than three years (section 1476(2) and (3)), which matters to a foreigner taking a long lease from a married owner.
Section 1480 of the Civil and Commercial Code allows the non-consenting spouse to seek annulment. Ratification and the protection for a third party acting in good faith for value must be considered. Proceedings are barred one year after learning of the grounds for annulment, and ten years after the transaction in any event. Dika 3228/2569 illustrates both the full remedy for the two successful claims and the time bar affecting the other two plots.
The rules on what counts as marital property are explained in our guide to the consequences of marriage in Thailand, and couples who want certainty about what is separate and what is shared can address it in a prenuptial agreement in Thailand.
Which Property Needs Consent?
Thai family law divides a married couple’s assets into two baskets, and only one of them requires spousal consent to sell:
| Category | What it covers | Consent to sell land? |
|---|---|---|
| Sin suan tua (separate property) | Assets owned before marriage, personal effects, gifts or inheritance received personally | No. The owning spouse may sell alone |
| Sin somros (marital property) | Assets acquired during the marriage, income from either spouse, fruits of separate property | Yes. CCC s.1476 requires joint action or consent |
The trap for buyers is that the land title deed shows only the registered owner’s name: it does not show the owner’s marital status or whether the plot is sin somros. Land acquired during a marriage is presumed to be marital property unless proven otherwise, even when registered in one spouse’s name alone. Our guide to title deeds in Thailand explains what the deed does and does not tell you.
What the Buyer Lost: Annulment Means Eviction
The distinctive point of Dika 3228/2569 is the remedy. The Court of Appeal for Specialized Cases had annulled the sales but declined to order the buyer off the land. The Supreme Court reversed that restraint, citing Sections 1476 and 1480 of the Civil and Commercial Code together with the procedural rules in Sections 141, 142 and 246 of the Civil Procedure Code: full annulment strips the buyer of every right in the property, so eviction and the end of any use of the land must follow.
In practical terms, a buyer in this position loses the land, any structures or improvements built on it, and years of use, and is left pursuing the seller (or the seller’s estate) for restitution of the price. Where the seller has died or has no assets, that claim may be worth little.
Due Diligence Checklist for Buyers
- Check the seller’s marital status: ask for the house registration (tabien baan), ID card and, where applicable, the marriage certificate. Do not rely on the title deed alone.
- Ask when and how the seller acquired the land: land bought during a marriage is presumed sin somros even if only one name appears on the deed.
- Require the spouse’s written consent at the Land Office: the consent should be given or confirmed before the land official on the day of transfer.
- Watch for divorced or widowed sellers: property that was sin somros may not have been fully divided, and heirs may hold rights in it.
- Use a lawyer for the title search and transfer: a proper due diligence covers the deed, the seller’s family situation and any registered or unregistered claims, as set out in our property guide for foreigners in Thailand.
What This Means for Foreign Spouses and Investors
For a foreigner married to a Thai national, spousal consent in Thailand works in both directions. When your Thai spouse buys land, you will usually be asked at the Land Office to declare that the purchase money is your spouse’s separate property, a declaration with real consequences, which we analyse in our article on the confirmation letter when buying land through a Thai spouse. But for assets that are genuinely sin somros (a house built during the marriage, a condo bought with shared income), your consent is required before your spouse can validly sell or mortgage them, and a sale made behind your back can be annulled under Section 1480.
Buyers should confirm who must sign before paying and registering the transfer. The rejected challenges to the 2006 transfers show why timing matters; the successful challenges concerned the 2017 transfers. Questions about dividing marital property are covered in our divorce guide.
If you are planning a purchase, reviewing an old transfer, or worried that property was sold without your consent, our team can run the title search, review the family situation behind the deed, and act quickly where an annulment claim must be brought or defended. This article was written and reviewed by Sebastien H. Brousseau, LL.B., B.Sc., based in Thailand since 2004 and running ThaiLawOnline since 2006. Contact ThaiLawOnline for a consultation before you sign.
This article is general information about Thai law, not legal advice. Property and family cases turn on their specific facts; consult a qualified professional about your situation before acting.
Last reviewed: 28 September 2026. Read in Thai: Supreme Court Decision No. 3228/2569 to its disposition (deka.in.th copy); Civil and Commercial Code sections 1474, 1476 and 1480. The due-diligence checklist and Land Office practice are our commentary.
Frequently Asked Questions
Is spousal consent required to sell land in Thailand?
Yes, when the land is marital property (sin somros). Section 1476 of the Civil and Commercial Code requires the sale or mortgage of marital immovable property to be made jointly or with the other spouse’s consent.
What happens if land is sold without spousal consent?
The non-consenting spouse can apply to the court to annul the sale under Section 1480. In Dika 3228/2569 two 2017 transfers were revoked in full and the recipient was ordered to leave those plots; challenges to two 2006 transfers were time-barred. Ratification and the protection of a third party acting in good faith for value also matter under Section 1480.
How long does a spouse have to annul a sale?
Generally one year from the day the spouse learned of the transaction, and no later than ten years from the date of the transaction. Timing questions are fact-specific, so take advice early.
Is land registered in one spouse’s name still marital property?
Often yes. Property acquired during the marriage is presumed to be sin somros even when the title deed shows only one spouse’s name. The deed does not settle the question.
Does this rule affect foreigners buying property in Thailand?
Yes. A foreigner buying a condo, house or leasehold from a married Thai seller should verify the seller’s marital status and obtain the spouse’s consent at the transfer, or risk the transaction being annulled years later.
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