The Legal Uncertainties Surrounding the Property of Thai Cohabitants

Abstract

This article examines the legal uncertainties surrounding the property of cohabiting couples in Thailand. While the Civil and Commercial Code recognizes only registered marriages under Sections 1457 and 1458, the Thai Supreme Court has nevertheless extended proprietary remedies to unregistered cohabitants through its interpretation of general law. Such rulings, grounded on analogies of ordinary partnerships and co-ownership, have sought to address inequities but have simultaneously produced doctrinal uncertainties. The article critically analyzes this jurisprudence, highlighting its rigid reliance on presumptions of equal contribution and its lack of clarity on exceptions. It further explores the growing social reality of unregistered cohabitation in Thailand and the potential surge in litigation arising from the Court’s current approach. Through a comparative analysis of English law—particularly the doctrines of resulting trust, constructive trust, and proprietary estoppel—the article proposes alternative remedial frameworks that could provide more flexible and principled solutions. The author ultimately advocates for legislative reform to establish coherent statutory rules to govern property disputes between cohabitants, thereby enhancing fairness, predictability, and public awareness of the legal consequences of such relationships.