14736-2555

Glossaries

Term	Definition
14736-2555	The Land Office declaration stating that land was purchased with the Thai spouse’s personal funds is not conclusive. The actual classification as Sin Suan Tua or Sin Somros must be determined under the Thai Civil and Commercial Code based on the source of funds, the parties’ intention and the surrounding evidence. Supreme Court Judgment No. 14736/2555 – Land Office Declaration and Marital Property Supreme Court Judgment No. 14736/2555 concerns land and a house purchased in Thailand during a marriage between a British husband and a Thai wife. Although title was registered only in the Thai wife's name and the foreign husband had signed the usual Land Office declaration stating that the purchase money was the Thai wife's personal property (Sin Suan Tua), the Supreme Court held that the declaration was not conclusive. Facts and issue before the Court The property was purchased during the marriage using income of the foreign husband which the Court treated as marital property. The evidence showed that the husband intended the property to be acquired for their joint benefit and not as a gift giving the Thai wife sole ownership. The principal issue was whether the Land Office declaration prevented the land and house from being classified as marital property (Sin Somros). Supreme Court ruling The Supreme Court held that whether property is personal property or marital property must be determined under the provisions of the Thai Civil and Commercial Code and from all relevant evidence. The declaration signed before the Land Office stating that the purchase money belonged exclusively to the Thai spouse was only preliminary evidence. It did not conclusively determine the legal character of the property between husband and wife. Because the evidence showed that the property had not been purchased with the intention of making it the Thai wife's sole property, the Court held that the land and house were Sin Somros belonging to the spouses jointly. Relevant provisions Civil and Commercial Code section 1474 – determines what property acquired during marriage constitutes Sin Somros. Civil and Commercial Code section 1364 – governs division of jointly owned property. The Court held that the property should be divided between the parties, or, if division was not possible, sold and the proceeds divided. Land Office procedure versus matrimonial property law Under Department of Lands procedure, where a Thai national married to a foreigner purchases land, the spouses are normally required to confirm that the money used to purchase the land is the Thai spouse's personal property and not marital property. This procedure is intended to ensure compliance with the restrictions on foreign ownership of land. Supreme Court Judgment No. 14736/2555 makes clear, however, that this Land Office declaration does not override the rules governing property between husband and wife under the Civil and Commercial Code. The two rules deal with different legal questions: the Land Office procedure concerns registration of land and compliance with restrictions on foreign land ownership; while the Civil and Commercial Code determines, between the spouses, whether property is Sin Suan Tua or Sin Somros. Accordingly, registration solely in the Thai spouse's name and the signing of a Land Office declaration do not by themselves make the property personal property. The actual source of funds, intention of the parties and other evidence may lead a court to classify the property differently. Key principle: A Land Office declaration that land was purchased with the Thai spouse's personal funds is evidence of the parties' intention at the time of registration, but it is not conclusive. The legal classification of the property as Sin Suan Tua or Sin Somros is ultimately determined under Thai matrimonial property law and the evidence in the individual case. Case: Supreme Court Judgment No. 14736/2555 (2012). Relevant provisions: Civil and Commercial Code sections 1474 and 1364. Synonyms: 14736/2555

Term

Definition

The Land Office declaration stating that land was purchased with the Thai spouse’s personal funds is not conclusive. The actual classification as Sin Suan Tua or Sin Somros must be determined under the Thai Civil and Commercial Code based on the source of funds, the parties’ intention and the surrounding evidence.

Supreme Court Judgment No. 14736/2555 – Land Office Declaration and Marital Property

Supreme Court Judgment No. 14736/2555 concerns land and a house purchased in Thailand during a marriage between a British husband and a Thai wife. Although title was registered only in the Thai wife's name and the foreign husband had signed the usual Land Office declaration stating that the purchase money was the Thai wife's personal property (Sin Suan Tua), the Supreme Court held that the declaration was not conclusive.

Facts and issue before the Court

The property was purchased during the marriage using income of the foreign husband which the Court treated as marital property. The evidence showed that the husband intended the property to be acquired for their joint benefit and not as a gift giving the Thai wife sole ownership.

The principal issue was whether the Land Office declaration prevented the land and house from being classified as marital property (Sin Somros).

Supreme Court ruling

The Supreme Court held that whether property is personal property or marital property must be determined under the provisions of the Thai Civil and Commercial Code and from all relevant evidence.

The declaration signed before the Land Office stating that the purchase money belonged exclusively to the Thai spouse was only preliminary evidence. It did not conclusively determine the legal character of the property between husband and wife.

Because the evidence showed that the property had not been purchased with the intention of making it the Thai wife's sole property, the Court held that the land and house were Sin Somros belonging to the spouses jointly.

Relevant provisions

Civil and Commercial Code section 1474 – determines what property acquired during marriage constitutes Sin Somros.
Civil and Commercial Code section 1364 – governs division of jointly owned property. The Court held that the property should be divided between the parties, or, if division was not possible, sold and the proceeds divided.

Land Office procedure versus matrimonial property law

Under Department of Lands procedure, where a Thai national married to a foreigner purchases land, the spouses are normally required to confirm that the money used to purchase the land is the Thai spouse's personal property and not marital property. This procedure is intended to ensure compliance with the restrictions on foreign ownership of land.

Supreme Court Judgment No. 14736/2555 makes clear, however, that this Land Office declaration does not override the rules governing property between husband and wife under the Civil and Commercial Code.

The two rules deal with different legal questions:

the Land Office procedure concerns registration of land and compliance with restrictions on foreign land ownership; while
the Civil and Commercial Code determines, between the spouses, whether property is Sin Suan Tua or Sin Somros.

Accordingly, registration solely in the Thai spouse's name and the signing of a Land Office declaration do not by themselves make the property personal property. The actual source of funds, intention of the parties and other evidence may lead a court to classify the property differently.

Key principle: A Land Office declaration that land was purchased with the Thai spouse's personal funds is evidence of the parties' intention at the time of registration, but it is not conclusive. The legal classification of the property as Sin Suan Tua or Sin Somros is ultimately determined under Thai matrimonial property law and the evidence in the individual case.

Case: Supreme Court Judgment No. 14736/2555 (2012). Relevant provisions: Civil and Commercial Code sections 1474 and 1364.

Synonyms: 14736/2555