No misunderstanding at all. She told me right to my face.
I also saw it on the paper. "Somrot" is the official word for "married". It is the same word that is on marriage certificates.
Steve, no one disputes what happened on your visit. However, as a thinking man, how do you rationalise what happened to you with what is clearly in black and white on legal websites.
The Civil Code clearly defines what constitutes assets of the marriage and I would have thought that transactions such as yours, Lukey's and GL's clearly fall under sin somros (sinR sohmR rohtH - if you prefer). Why some land offices call for the disclaimer is therefore beyond me.
CHAPTER IV
PROPERTY OF HUSBAND AND WIFE
Section 1465. Where the husband and wife have not, previous to their marriage, concluded a
special agreement concerning their properties, the relations between them as regards to their properties shall be governed by the provisions of this Chapter.
Any clause in the anti-nuptial (also called prenuptial) agreement contrary to public order or good morals, or provided that the relations between them as regards such properties are to be governed by foreign law shall be void.
Section 1466. The ante-nuptial agreement is void if not entered in the Marriage Register at the time of marriage registration terms of the ante-nuptial; or if not made in writing and signed by both spouses and by at least two witnesses and entered in the Marriage Register at the time of marriage registration stating that the ante-nuptial is thereto annexed.
Section 1467. After marriage the ante-nuptial agreement cannot be altered except by authorization of the Court.
When there is final order of the Court to effect the alteration of cancellation of the ante-nuptial agreement, the Court shall notify the Marriage Registrar of the matter in order to have it entered in the Marriage Register.
Section 1468. Clauses in the ante-prenuptial agreement shall have no effect as regards the rights of third persons acting in good faith irrespective of whether they be altered or cancelled by the order of the Court.
Section 1469. Any agreement concluded between husband and wife during marriage may be avoided by either of them at any time during marriage or within one year from the day of dissolution of marriage; provided that the right of third persons acting in good faith are not affected thereby.
Section 1470. Properties of husband and wife except in so far as they are set aside as
Sin Suan Tua, are
Sin Somros.
Section 1474.
Sin Somros consists of:
(1) property acquired during marriage; (2) property acquired by either spouse during marriage through a will of gift made in writing if it is declared by such will or document of gift to be
Sin Somros; (3) fruits of
Sin Suan Tua.
In case of doubt as to whether a property in
Sin Somros or not shall be presumed to be
Sin Somros.
Section 1475. Where any
Sin Somros is property of the kind mentioned in Section 456 of this Code or has documentary title, either husband or wife may apply for having his or her name entered in the documents as co-owners.
Section 1476. In managing the
Sin Somros in the following cases, the husband and wife have to be joint manager, or one spouse has to obtain consent from the other:
(1) Selling, exchanging, sale with the right of redemption, letting out property on hire-purchase, mortgaging, releasing mortgage to mortgagor or transferring the right of mortgage on immovable property or on mortgageable movable property. (2) Creating or distinguishing the whole or a part of the servitude, right of inhabitation, right of superficies, usufruct or charge on immovable property. (3) Letting immovable property for more than three years. (4) Lending money (5) Making a gift unless it is a gift for charitable, social or moral purposes and is auitable to the family condition. (6) Making a compromise. (7) Submitting a dispute to arbitration. (8) Putting up the property as guarantee or security with a competent official or the Court.
The management of the Sin Somros in any case other than those provided in paragraph one can be made only by one spouse without having to obtain consent from the other.