The core answer
This guide answers one question: when one spouse has incurred a debt, is the other liable, and which property can the creditor reach? Splitting a house that is still mortgaged at divorce is covered in the guide on a house still under mortgage, and the steps once you are sued and enforcement starts are in the debtor's guide. We do not repeat those details here.
The rule (Civil and Commercial Code). Section 1490 provides that debts for which the spouses are joint debtors include debts that one spouse incurred during the marriage in these cases: (1) debts about running the household, obtaining necessities for the family, medical care of family members and the children's education to a reasonable level; (2) debts about marital property; (3) debts about work the spouses do together; (4) debts that the other spouse ratified, meaning confirmed or accepted afterwards. Section 1489 provides that joint debts are paid from the marital property and the personal property of both. Section 1488 provides that a debt for which one spouse is personally liable is paid first from that spouse's personal property and, when that is not enough, from that spouse's share of the marital property. So a debt that falls outside the list in Section 1490, and that the other spouse neither signed nor guaranteed, is the personal debt of the spouse who incurred it.
Our practical view. Being married does not turn every debt into a joint debt, and not having signed does not always keep you safe. The real problem is usually where the money went and what the other spouse once signed. Check the documents before arguing about principle.
Hypothetical example: Wirat and Mani are registered spouses living in Mueang district, Khon Kaen. Wirat took out a credit card in his own name with 180,000 baht outstanding, borrowed to buy a pickup the whole family uses, and borrowed for his own building-materials shop. Mani signed a consent form on the car purchase but nothing else. We come back to see who carries each debt.
1. The four questions that decide it
- Who signed? Borrower, co-borrower or guarantor. The original documents answer better than memory.
- What was the money for? Household, medical care, the children's schooling, personal spending or a purely personal investment.
- Did the other spouse guarantee, co-sign or ratify? This includes receiving the money and using it knowing where it came from.
- Which property is the creditor about to reach? The debtor's personal property, the marital property, or property of the other spouse that is that spouse's own personal property.
If you can answer all four, you usually know which way the matter points.
2. Registered marriage versus living together unregistered
The rules on personal property, marital property and debts in Sections 1488 to 1490 are written for spouses whose marriage is properly registered. Partners who live together without registering are not spouses in law. Each person's debt stays that person's own unless the other signed or guaranteed it. Property bought together is a matter of co-ownership or of each side's proven contribution, and the creditor can usually reach only the debtor's share. If this is you, keep your own payment records from the start.
3. How Sections 1488 to 1490 apply to common debts
| Debt incurred during the marriage | Usually falls under | Short reason |
|---|---|---|
| Household costs, food, medical care, reasonable school fees | Joint debt (1490 (1)) | Running the household and family |
| Debt to buy, repair or keep marital property | Joint debt (1490 (2)) | About marital property |
| Debt from a business the two run together | Joint debt (1490 (3)) | You must prove it was truly joint |
| Debt the other spouse later confirmed or accepted | Joint debt (1490 (4)) | Ratification |
| Personal spending, gambling, a purely personal investment | Personal debt (1488) | Within none of the 1490 categories |
Remember that the Section 1490 categories apply to debts incurred during the marriage, and that classification has to be proved with evidence, such as the entries on card statements, who received transfers, and the purpose stated in the contract. A court looks at the whole picture, not only at names.
4. Guarantee, co-borrower and consent form: what is the difference?
A spouse who signs as co-borrower or as guarantor is liable on that contract whether the debt is personal or joint in family law, because the liability comes from the contract.
- Guarantor Under Section 680 a guarantor agrees with the creditor to pay if the debtor does not, and there must be written evidence signed by the guarantor. Under Section 686 the creditor must send the guarantor a written notice within 60 days of the debtor's default, otherwise the guarantor may be released from interest, damages and other amounts accruing after that period. The details matter, so have a lawyer check the contract and the real default date.
- Co-borrower Signs as a debtor, like the main borrower. The bank can claim from them directly.
- Spousal consent form A bank often asks for it when the spouse does an act that family law says needs the other's consent, such as selling or mortgaging immovable property under Section 1476. It shows that the other spouse knew and did not object. As a rule it does not make the person who consents a debtor.
Be careful: some institutions put consent, co-borrower and guarantor wording on one sheet, and consenting while receiving the money for family use may be argued as ratification under Section 1490 (4). Before signing, ask what the document makes you and keep a copy.
Back to Wirat and Mani. The consent form on the car purchase does not by itself make Mani a debtor. But if they both use the car to take the children to school and it is a family expense, the creditor may argue it is a joint debt under Section 1490 (1). That depends on the facts and the evidence.
5. Table of common debts
| Debt | Usually personal or joint | What to check |
|---|---|---|
| Credit card in one spouse's name | Usually personal, unless the spending was for the household and family | Monthly statements, types of spending, supplementary cards given to the other spouse |
| Personal loan to buy a car the family uses | May be joint if it is a family necessity | Who signed, the consent form, who really uses the car |
| Business loan of a sole proprietorship | Usually the owner's debt; joint if the two run the business together or ratified | Who really manages it, who takes salary or profit, any guarantor |
| Company loan with a spouse's personal guarantee | The guarantor is liable under the guarantee; the company is a separate debtor | The guarantee, the limit, the default date, the Section 686 notice |
| Informal loan from relatives, no contract | Usually the borrower's own; prove where the money went | Chat messages, transfer evidence, witnesses |
| Online or app loan | Usually personal; check interest and collection methods | Application, whether the lender is licensed, emergency-contact data |
For abnormally high interest or an unlicensed lender, also ask a lawyer about unfair contract terms and interest above the legal rate.
6. A creditor wins against one spouse: what can it seize?
When a court orders one spouse to pay and the debt is personal, Section 1488 sets the order: the debtor's personal property first, then the debtor's share of the marital property. In practice assets in the debtor's name, such as bank deposits, a car or land, may be seized or attached first, even if they are marital property. The other spouse has rights in their own share and may apply to the court or the enforcement officer to protect it, for example by asking that their share be separated or that the asset be treated as their personal property, if they have evidence. We describe this only in general terms, because the procedure and time limits in the Civil Procedure Code after the enforcement reform should be checked with a lawyer against the actual status of the case.
If a court adjudicates one spouse bankrupt, Section 1491 provides that the marital property is separated by operation of law from the date of the judgment.
If you are the one being sued, see what you can still do at each stage in the debtor's guide. Do not transfer assets to escape a creditor, because the creditor may ask the court to cancel a transfer that harms it.
7. Divorce and debts: what to write in the agreement
For the divorce overall see the guide on divorce, marital property and custody. If shares or a business are involved see the guide on company shares and business assets at divorce, and if assets were moved before the divorce see the guide on a spouse moving money. To settle debts in advance, before marriage, see the guide on prenuptial agreements.
A divorce agreement that allocates debts binds only the spouses. The bank is not a party, so it can still collect from whoever signed originally. The agreement works by letting the spouse who paid claim reimbursement from the other. To be truly released from the contract you need the creditor's release document or a refinance into one name.
Sample wording (adapt to the facts):
Clause 4 Debts
4.1 The debts listed in the schedule (credit card, Bank ... no. ... balance ... baht as of ...)
shall be paid by Party ... alone from ... onwards.
4.2 If a creditor demands payment from the other party under the original contract,
the party who took over the debt under clause 4.1 shall reimburse what the other
paid within ... days of written notice.
4.3 The party who took over the debt shall ask the creditor to release or replace the
guarantor, or refinance, within ... months.
4.4 Any debt not in the schedule that one party incurred without telling the other
shall be borne by that party alone.
4.5 The parties acknowledge that this agreement does not bind any creditor unless the
creditor consents in writing.
8. Being chased at the family's door
The Debt Collection Act B.E. 2558 sets standards for collectors, such as no threats, violence, public shaming or improper disclosure of the debt to others. A person who is not the debtor or guarantor should not be chased as a debtor. Keep records of calls and messages, and send a written notice that the collector should contact the person who is liable. We do not advise answering with threats or shaming, which may put you at a disadvantage. Check the section numbers of the standards against the official text before citing them in a letter.
Checklist before seeing a lawyer
Debt documents
- The contract, the card or loan application, and every document you ever signed
- Past statements and payment receipts
- Demand letters and court summonses (if any), with the dates received
Family and property information
- The marriage certificate, and the date of the debt against the date of marriage
- A list of personal and marital property, with evidence of where the money came from
- Evidence of what the borrowed money was used for
Protecting yourself
- Do not transfer assets to escape a creditor
- Do not sign a new consent or guarantee before reading it and getting a copy
- Keep evidence of collection that goes after the family
Further reading
- Divorce when the house is still under mortgage — a mortgaged house and sample wording for the divorce agreement
- Sued for a debt and facing enforcement: the debtor's side — what you can still do at each stage of enforcement
- Suspect your spouse is moving money before divorce — listing assets and the money trail lawfully
- What to agree in a prenuptial agreement — fixing property and debts in advance
- Divorce, marital property and custody — overview of divorce and dividing marital property
- Divorcing a spouse who owns shares or a business — company shares and company assets at divorce
Whose debt it is turns on who signed, what the money was for, any guarantee, and which property the creditor targets, and a divorce agreement does not bind the creditor.
We help spouses review debt contracts, allocate debts in a divorce agreement, and act when they are sued or chased. For an initial consultation, call +66 92 254 2045 or send us the details. See also our family law practice.
This guide is published by Suwanvara Law Firm — a Khon Kaen law firm established in 1986. General information only, not legal advice on a specific matter.
