Two buyers, one debt: joint and several liability for co-buyers and co-borrowers (CCC 290-296)

If two people buy a villa together and one stops paying, can the seller or lender demand the whole amount from the other? Under CCC Section 291, where the obligation is joint and several, yes: the creditor may demand performance in whole or in part from any one debtor. Where it is not, Section 290 says that in case of doubt each debtor owes only an equal share. Which rule applies depends on what the contract says, so the wording matters.

What the Code says

• Section 290 — divisible performance — if several persons owe a divisible performance (such as a sum of money) and nothing else is agreed, each is liable only for an equal share in case of doubt.
• Section 291 — joint and several — the creditor may demand the performance from any one of the debtors, in whole or in part, and all remain bound until it is fully performed.
• Section 292 — performance by one joint debtor benefits the others. A claim belonging to one debtor may not be set off by the other debtors.
• Section 293 — a release granted to one joint debtor benefits the others only to the extent of the released debtor's share, per the ThaiLawOnline translation.
• Section 294 — the creditor's default towards one joint debtor also benefits the others.
• Section 295 — facts other than those in Sections 292-294 affect only the debtor concerned, unless the nature of the obligation indicates otherwise.
• Section 296 — among themselves, joint debtors share in equal parts unless otherwise agreed (ThaiLawOnline summary; read the full text for the treatment of a co-debtor who cannot pay).

Where this appears in property deals

• Co-buyers on an SPA — if the contract says 'the Buyers shall pay', it may be argued either way; a clear clause avoids the argument.
• Co-borrowers on a loan — lenders usually insist on joint and several wording, so each borrower is exposed for the full amount. See financing as a foreigner.
• Co-tenants on a lease — the landlord will normally want to be able to claim the whole rent from either tenant.
• Contractors and builders — owners who sign a construction contract together are exposed in the same way; see the controlled-contract guide.

Joint and several is not the same as co-ownership

Owning land together is a property-law question (shares, partition, who can sell), covered in co-ownership and partition. Joint and several liability is about who can be made to pay a debt. A couple can own 50/50 and still each owe 100% of a loan, and the reverse is possible too. A guarantor is a different legal position again; see personal guarantees.

Practical steps

• Decide before signing whether you want to be liable only for your own share, and say so in the contract in plain words.
• Agree between yourselves in writing how a shortfall is shared and how a partner who pays more recovers it, rather than relying on the default equal-share rule.
• Treat a lender's 'jointly and severally' clause as a real obligation: each signer can be pursued for the whole sum.
• Have a Thai lawyer review who is named as 'Buyer', 'Borrower' or 'Tenant', and how a release or exit of one party is documented.

Takeaway: shared purchase does not automatically mean shared-only liability. Check whether your contract makes you liable for a share or for everything. The section texts are unofficial English translations and the Thai text governs, so confirm with a Thai lawyer.