The core answer
A couple who live together without registering the marriage have no "marital property" to split in half under family law. Each asset has to be analysed under property law: who owns it, and if it is co-owned, what each person's share is. The Supreme Court has held that property earned together while living as husband and wife is co-owned property, not marital property (judgment 4656/2567), and section 1357 presumes that co-owners hold equal shares.
That presumption is only a starting point. If one person clearly paid more, the other side can try to prove unequal shares. Where an asset carries only one person's name, the other person has to prove that he or she really contributed money or work. The result therefore turns on payment evidence and agreements, not on how many years you lived together.
Four kinds of asset raise different questions. For a house still under a bank loan, separate the title holder, the borrower and the person who actually paid. Land starts from the land register. Bank money depends on where the money came from. Shares and businesses depend on the shareholder register, the registration documents and the real agreement.
1. How does the law treat property if we never registered the marriage?
Marital property belongs to the system for validly registered spouses. Judgment 4656/2567 holds that agreeing to live together as husband and wife without registering does not create marital property rights, and that it is not a partnership under section 1012 either, because it is not an agreement to carry on a business together with the aim of sharing profit. But property earned together while living together is co-owned and governed by section 1357.
In practice this means three things.
- There is no automatic 50/50 rule. The person who wants a share must prove that the asset is co-owned and what the share is.
- Property acquired before the relationship, received as a gift, or inherited is not something "earned together" and normally stays with its original owner.
- Housework, cooking and childcare are not direct payments. The court weighs them on the facts of each case, and you should not assume they will be valued like cash actually paid.
If you are registered spouses, or planning to be, read the divorce and property guides instead. This guide covers couples who are not registered.
2. Equal shares, and the evidence that rebuts them
Section 1357 says that co-owners are presumed to hold equal shares. "Presumed" means the person who wants unequal shares may try to prove them.
| Situation | What to expect |
|---|---|
| Both paid and made instalments in similar amounts, names are joint | Equal shares are likely |
| One person paid the down payment and almost all instalments, with slips and statements | Good chance of proving a larger share |
| One person paid everything, the other says only housework | Heavy burden on the person who did not pay; outcome uncertain |
| Asset bought with money from before the relationship or a personal gift | Unlikely to count as earned together |
Section 1356 provides that when property belongs to several persons together, the co-ownership chapter applies. That is the basis for both fixing shares and demanding partition (section 8). Each case is decided on its own evidence.
3. A house or condo still under a bank loan: title holder, borrower and payer need not be the same person
Keep three roles apart.
| Role | Meaning | Effect |
|---|---|---|
| Name on the title deed or condo title | Owner according to the register, as a first approximation | Can transfer, sell or mortgage; banks and the land office rely on the register |
| Borrower (or co-borrower) | Debtor under the loan contract | Liable to the bank for the whole debt, whoever transfers the instalments |
| Person who actually paid | Paid the down payment and instalments | Evidence of your share between the two of you; does not bind the bank |
The bank knows only the borrower. An agreement between you and your ex-partner on who stays and who pays does not bind the bank. If the borrower stops paying, the bank claims against the borrower under the loan contract and enforces the mortgage against the mortgaged property, whatever the two of you agreed.
Section 1373 presumes that the person named in the land register has the right of possession. The person without a name must prove co-ownership, for example with transfers of the down payment and instalments, messages agreeing to buy together, or a sale-and-purchase agreement naming both.
Hypothetical example
A and B lived together for five years without registering a marriage and bought a house for 3,000,000 baht. A is the borrower and registered owner. B transferred a 500,000 baht down payment and 8,000 baht a month for four years, with a slip for every month. When they split, A says the house is A's alone.
B can argue co-ownership in proportion to what B paid, because there are documents. Whether the shares are equal or proportional depends on the whole body of evidence. (All figures are a hypothetical example, not a calculation for you.)
Ways out when the house still carries a loan
- Buy-out: the person who stays pays the other person's share, and the loan is refinanced or the title transferred so that the stayer is the sole borrower.
- Sell and split after clearing the debt: suitable when nobody can buy the other out. The sale price first clears the bank debt, and the rest is divided by the agreed or proven shares.
- Refinance: move the loan to a new bank in the stayer's name so the original borrower is released. The new bank will assess the new applicant's own income.
Do not agree orally that "you keep paying and the house is yours" without changing the borrower and the title. The person who is still the borrower remains liable to the bank. The divorce guide on a mortgaged house is a useful comparison for managing the debt, although the legal basis is different.
4. Land: same principles, but the register carries more weight
For titled land, the name in the land register gives the first presumption under section 1373 that the person has the right of possession. The person without a name has to prove that they paid for the purchase together, for example by transferring money to the seller, transferring money to the partner for the price, or holding a sale agreement naming both.
Points specific to land:
- A transfer of land must be registered at the Land Office. A spoken or chat promise to "give" it does not change the name by itself.
- Under section 1361 a co-owner may dispose of or mortgage his or her own share, but the whole property can be sold, pledged or mortgaged only with the consent of all co-owners. If the deed carries both names, one person cannot sell the whole plot. If it carries one name, a good-faith buyer who relies on the register may be protected, so act early.
- If you fear the other person will sell or mortgage while you dispute ownership, ask a lawyer about interim protective measures before or when filing.
- A person who is not a Thai national faces restrictions on owning land in Thailand. Do not assume your name can go on the deed or that your claim will be enforced as for a Thai. Check case by case, and see the foreign property guide below.
5. Bank money and joint accounts
Bank balances are often the first fight, because money can be moved at once.
- Joint account: a joint name does not always mean equal ownership. Look at who deposited and where the money came from. If both used the account as a common pot for shared expenses, that points to joint money.
- Single-name account: the account holder can withdraw under the bank's terms. The other person who deposited or transferred money for safekeeping needs transfer evidence and an agreement that it was shared money or a deposit.
- Transfers between you during the relationship: work out whether each was a gift, a loan or a joint investment. Chat messages and the purpose written on the slip affect interpretation.
- Do not empty accounts on your own advice: withdrawing everything before the split gives the other side evidence of intent to hide assets and can lead to a case. Print the statements first. See the guide on spouses moving money before divorce for evidence-keeping.
6. Shares, partnerships, unregistered shops, vehicles and debts incurred together
Limited company shares
Towards the company and third parties, the person in the shareholder register appears as the owner. Section 1129 provides that a transfer of registered shares cannot be set up against the company or third parties until the transferee's name and address are recorded in the shareholder register, and that a transfer of this kind is void unless it is in writing, signed by transferor and transferee and witnessed by at least one witness.
If the register shows only your partner's name but you put up the money, you can only claim that your partner holds the shares for you or that you co-own to the extent of your payment, and you must prove it.
- transfers into the company or the shareholder's account to buy the shares
- agreement or chat messages confirming a holding on your behalf or a joint investment
- shareholder agreement, minutes and financial statements showing who really invested
This is a claim between you and the registered shareholder; the company will not correct its register on its own. If the company has other shareholders or articles limiting transfers, check them before negotiating. See the guide on company shares on divorce for how shares are separated from the business.
Registered partnership
Who is a partner depends on the contract and the partnership register, not on who lived together. Leaving a partnership follows the contract and partnership law. Check the founding agreement and register first.
Unregistered shop or business
If you ran a shop together with no contract and no legal entity, the court looks at who invested, who managed, who took profit and whose money bought the business assets. Judgment 4656/2567 says living together as husband and wife is not itself a partnership. But where there is an agreement to run a business together to share profit, which fits section 1012, that may describe the business relationship separately from the personal one. To argue partnership you need evidence of a profit-sharing agreement and joint investment.
Cars and other registered assets
A car is registered in the possessor's name, but the registration book does not automatically decide ownership between partners. Use the payment evidence for the down payment and instalments as for a house. If the car is under finance, the hirer or borrower stays liable to the lender.
Debts incurred together
Debt follows the contract. Whoever signed the loan or guarantee is liable to the creditor. That your partner also used the money is a matter between the two of you and can be raised in a claim for reimbursement if you have evidence, such as a message agreeing to share the debt. "My partner should help pay" does not bind a creditor automatically.
7. Evidence to keep
- Transfer slips and account statements (down payment, instalments, renovation, share purchase), as originals from the banking app
- Loan contracts, sale agreements, loan statements and bank documents showing who is borrower and guarantor
- Title deed, condo title, shareholder register, company certificate, vehicle registration
- Receipts for construction, repairs, common charges and shop equipment
- LINE and other chat messages about buying together, shares, or holding on someone's behalf (keep the whole conversation with dates, not selected lines)
- Witnesses who know the facts, such as the seller, broker, shop staff or friends who saw the agreement
- Photos and records showing the period of living together and when each asset was bought
Take advice before using evidence, because material obtained improperly may lose weight. Do not enter the other person's accounts or devices without permission.
8. Dividing by agreement or by court
By agreement
Put it in writing. List each asset, each person's share, how it will be transferred, the deadlines, who takes the bank debt and how it will be released. All parties sign. Real estate transfers must be registered at the Land Office, and the transfer fees and taxes should be allocated in the agreement.
By court
Section 1363 gives a co-owner the right to demand partition unless a legal act stands in the way, or unless the co-owned object is of a permanent nature, in which case partition cannot be demanded. The right to demand partition cannot be excluded by a legal act for more than ten years at a time, and a co-owner cannot demand partition at an inopportune time.
Section 1364 sets the methods.
| Method | When it fits |
|---|---|
| Divide the property itself (subdivide land) | The property can be divided without losing value |
| Sell and divide the money | The co-owners agree to sell |
| Court orders partition, with money compensation if shares are unequal | A co-owner asks and the co-owners cannot agree how to divide |
| Bidding among the co-owners, or public auction | Division is impossible or would cause great loss |
A single house is hard to divide in kind, so cases often end in a sale, a buy-out or bidding between the parties. If the house is mortgaged, the mortgagee keeps its rights under the mortgage whatever the judgment says.
9. Timing and risks
- Limitation: each kind of claim (repaying a loan, restitution of a transfer made without basis, recovering an investment) has its own time limit. This guide gives no figure because it depends on the legal basis of each claim. Do not wait; get advice early to assess the deadline for the claim you would use.
- The other person sells or transfers during the dispute: single-name assets are most at risk. Check the title deed and registers from time to time.
- Lost evidence: deleted chats, banking app slips that expire. Back up at once.
- Borrower defaults: helping with instalments does not make you a debtor if you are not the borrower, but a co-borrower or guarantor is liable to the bank.
10. Common mistakes
- Assuming that years together mean half, as with marital property
- Paying the mortgage in cash or into a third party's account, with no slip stating the purpose
- Leaving the title and the loan in the other person's name with nothing in writing confirming your share
- Agreeing orally about the house without changing the borrower, so you stay liable to the bank
- Buying shares in the other person's name with no document showing they hold them for you
- Withdrawing money or moving assets before the split, which hands the other side an accusation and spoils evidence
- Deleting chats in anger, or keeping only selected parts of a conversation
- Waiting so long that evidence disappears and claims may become time-barred
11. Checklist before agreeing or suing
- List all assets and debts, separating house, land, deposits, shares, business and vehicles
- For each, identify whose name it is in, who is the borrower and who actually paid
- Separate assets from before the relationship and personal gifts from assets earned together
- Collect slips, statements, loan contracts, receipts and relevant chats
- Check the current title deed or shareholder register
- Talk to the bank or negotiate release of the borrower before anyone keeps paying
- Decide between buy-out, sale and split, or a court action for partition
- Put the deal in writing, then register the transfer at the Land Office or amend the shareholder register
Further reading
- Divorcing While the House Is Still Under a Bank Mortgage — a comparable approach to the loan
- Company Shares and Business Assets on Divorce — separating shares from the business
- Spouse Moving Money or Assets Before Divorce: Evidence — keeping evidence of money movements
- Prenuptial Agreement: What to Agree — if you are not splitting yet and want terms in advance
- Foreigners and Property in Thailand — limits on land and condominiums
- Debt Collection and Enforcement — enforcing a judgment
A couple who never registered the marriage has no marital property, but what they built together may be co-owned and presumed to be in equal shares. The outcome turns on payment evidence, the name on the register, who the borrower is, and what was agreed, so keep the evidence and treat each asset separately before you split.
The firm helps review the evidence of contributions to a house, land, shares and a business, assess which share you can claim, draft a written agreement on assets and debts, coordinate the release of a borrower with the bank, and bring a partition case when negotiation fails. Call +66 92 254 2045 or send us the details. See our family law services and civil litigation services.
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.
