In Cambodia, property acquired during a marriage is generally considered marital property or joint property. This means that both spouses have equal rights to it. However, there are exceptions and complexities that can make determining ownership challenging.

Marital Property

Marital property includes assets acquired by either or both spouses during the course of a marriage. This typically encompasses income, savings, real estate, and other possessions accumulated jointly.

Separate Property

Separate property consists of assets owned by a spouse before marriage, as well as inheritances and gifts received during the marriage. These assets generally remain the sole property of the individual who acquired them.

Prenuptial and Postnuptial Agreements

Couples have the option to define how property will be divided in the event of divorce or separation through a prenuptial or postnuptial agreement.

Challenges in Determining Property Ownership

While the concept of marital and separate property seems straightforward, the Cambodian Civil Code leaves room for interpretation in certain areas. For instance:

• Income from Separate Property: It’s unclear whether income generated from separate property (like interest on premarital savings or rental income from inherited land) is considered marital property.
• Property Appreciation: Distinguishing between income generated by property and the property’s increased value can be difficult, especially when one spouse owns a business or investment.

These ambiguities can have significant implications for property division in case of divorce or the death of a spouse.

It’s essential to consult with an attorney to understand your specific rights and obligations regarding marital and separate property in Cambodia.