Invalid Assignment of Leasehold as Marital Property Without Spousal Consent
Mr. Yod and Mrs. Ying were lawfully married and registered their marriage. Mrs. Ying alone entered into a lease agreement for a shophouse unit owned by Wat Yang, with a term of three years. The premises were used as the marital residence.
Six months after the execution of the lease, Mr. Yod ceased cohabitation and took another woman as his companion. Subsequently, Mrs. Ying, without Mr. Yod’s consent, entered into an agreement purporting to transfer the leasehold rights to Mr. Yong. She then relocated elsewhere. The lessor, Wat Yang, consented to the substitution of the lessee.
Upon learning of the transfer, Mr. Yod notified all parties of his revocation, asserting that the lease constituted marital property and that Mrs. Ying lacked unilateral authority to assign the leasehold without his consent. As the defendants ignored his objection, Mr. Yod commenced proceedings against Mrs. Ying, Mr. Yong, and Wat Yang.
The plaintiff contends that the assignment is void or voidable for lack of authority and absence of spousal consent, rendering the juristic act incomplete. He seeks a court order restoring the leasehold rights to Mrs. Ying as the original lessee for the benefit of the marital estate. Alternatively, he claims damages in the amount of 10,000 Baht, representing his share of the economic value of the leasehold as joint marital property.