Does every marital property decision need spousal consent? What to check before signing

Ask two questions before deciding who must sign

Before an agreement concerning property during marriage, separate the property's legal status from the type of transaction proposed. A single name on a document, or being the person dealing with the buyer, does not fully answer either question. Gather the acquisition date, source of funds, title documents and related agreements. Do not classify everything as separate or marital property solely from the name shown.

Section 1476 does not require consent for everything

Section 1476 identifies management of marital property requiring joint action or the other spouse's consent. Examples include selling or mortgaging immovable property, leasing it for more than three years and lending money; the section also lists other cases. Management outside the first paragraph may be undertaken by either spouse without the other's consent under this provision. It should not be reduced to a rule that married people must both sign every contract, or that one may always act alone.

Describe the proposed act as the draft actually states it

Prepare a short note specifying whether the plan is a sale, lease, mortgage or another agreement, identifying the property and terms. Attach the version intended for signature. For example, someone may describe the plan merely as allowing another person to use a house, while the draft contains a lease term and additional rights. The reviewer needs the actual draft rather than a broad label. If duration or scope changes after review, submit the revised version before signing.

Consent may need to be in writing

Section 1479 provides that when an act requiring consent must legally be in writing or registered with an official, the consent must also be in writing. Ask the responsible professional which documents are required and before whom they must be signed. Do not assume that awareness by telephone completes the documentation, or use a broadly worded consent form instead of reading the actual property details and terms to be authorized.

Include special agreements and unresolved issues

If there is a prenuptial agreement, court order or property-management document, provide it in full. Section 1476/1 addresses management differing from Section 1476 where a prenuptial agreement satisfies the legal conditions, so it should not be omitted from review. If the other spouse refuses consent or cannot be contacted, disclose the facts and seek case-specific advice. Do not sign on their behalf or immediately conclude that the transaction is void or can be revoked without review.

Prepare the file before the signing appointment

Bring evidence of marriage, the property's acquisition history, the draft agreement, any special documents and relevant appointment dates to B Law Firm. State what the spouse knows and what remains unresolved. Ask the lawyer to distinguish property status, management authority and document formalities. If something has already been signed, disclose the date and actual actions taken. Document review helps identify issues but does not guarantee a court outcome or completion of the transaction.

References

• Thai Civil and Commercial Code, Sections 1476, 1476/1 and 1479 (in Thai)
• B Law Firm: Family law and contract review (in Thai)