1296-2558

Glossaries

Term	Definition
1296-2558	In Decision No. 1296/2558 (2015), the Supreme Court held that, even if one spouse funded construction of a house before marriage, it can still be considered marital property if used during the marriage. The ruling reinforces that when in doubt, property is presumed to be marital. Decision 1296/2558 (2015): Presumption of Marital Property The dispute concerned a house built with one spouse’s personal funds before marriage. After the wedding, the couple used the house as their matrimonial home. Upon divorce, the paying spouse claimed it remained personal property. The Supreme Court applied section 1474(3) CCC and reaffirmed that profits, benefits, or increases in value from personal property during marriage are presumed marital unless clearly excluded by law or agreement. In case of doubt, property is presumed to be Sin Somros (marital property). Practical impact Even pre-marital property can generate marital rights if it produces benefits during marriage. Clear documentation is essential to keep improvements or gains classified as personal. In doubt, courts tend to treat the asset, or its increased value, as subject to division. Who get's what in a Thai divorce →

Term

Definition

In Decision No. 1296/2558 (2015), the Supreme Court held that, even if one spouse funded construction of a house before marriage, it can still be considered marital property if used during the marriage. The ruling reinforces that when in doubt, property is presumed to be marital.

Decision 1296/2558 (2015): Presumption of Marital Property

The dispute concerned a house built with one spouse’s personal funds before marriage. After the wedding, the couple used the house as their matrimonial home. Upon divorce, the paying spouse claimed it remained personal property. The Supreme Court applied section 1474(3) CCC and reaffirmed that profits, benefits, or increases in value from personal property during marriage are presumed marital unless clearly excluded by law or agreement. In case of doubt, property is presumed to be Sin Somros (marital property).

Practical impact

Even pre-marital property can generate marital rights if it produces benefits during marriage.
Clear documentation is essential to keep improvements or gains classified as personal.
In doubt, courts tend to treat the asset, or its increased value, as subject to division.

Who get's what in a Thai divorce →