Common law husband and wife must split assets 50:50 on death or divorce, online lawyer

A leading online lawyer has commented about what should happen to assets when couples who have not formally married split up or one dies. 

The comments come after a case involving a senior military man who is taking legal action against a child from an unregistered relationship that he had. 

Decha Kittiwitthayanan, who runs the “Thanai Khlai Thuk” (Lawyers Relieve Distress) page, told Daily News that couples who had cohabited and had children were entitled to half each in the event of divorce.

When one dies their child or children have the right to their half. 

This is called “kamasit ruam” or mutual right of ownership. It does not matter that the couple have not formally registered the marriage or who was responsible for generating the wealth or assets.

He cited a court ruling in this regard.

He said that couples should consult a lawyer regarding who owns what before living together as this can help to solve battles further down the line when break-ups occur. 

Thai Visa /  Daily News

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