What Section 1474 Covers
Included as Sin Somros
- Property acquired during marriage (regardless of whose name is on title).
- Gifts or inheritances received during marriage in writing that declare the asset to be Sin Somros.
- Fruits of personal property (e.g., interest, rent, dividends) generated from Sin Suan Tua (personal property).
Presumption & Burden
- Presumption of marital property in case of doubt: the default is Sin Somros.
- Documentation and a valid prenuptial agreement are key to rebutting the presumption.
What Foreigners Should Know About Section 1474
- Division on divorce: Sin Somros is generally divided equally under Thai law (see Section 1533).
- Keep clean books: Mixing personal and marital funds makes later separation difficult and invites the presumption of Sin Somros.
- Prenup first: A registered prenuptial at the district office (Amphur) is the best starting point to define what remains personal.
- Name on title isn’t decisive: Courts look at timing and funding source, not just registration.
Examples
| Situation | How Section 1474 Applies |
|---|---|
| Condo purchased during the marriage using one spouse’s salary. | Presumed Sin Somros, even if registered in one name; typically subject to equal division on divorce. |
| Inheritance received by the wife with a written will declaring the asset to be Sin Somros. | Classified as Sin Somros by declaration; forms part of the marital estate. |
| Interest earned on the husband’s pre-marriage savings. | The interest (fruit) is Sin Somros, though the principal remains Sin Suan Tua. |
| Dispute over ownership of a car bought during marriage; receipts are unclear. | In case of doubt, the car is presumed Sin Somros. |
| Decision 1523-2565 (2022): Foreign-funded land registered in the Thai spouse’s name. | The Supreme Court treated the house as Sin Somros based on funding during marriage, not name registration, allowing reimbursement or a marital share. Administrative work-arounds do not override the Civil Code. |
Practical Tips for Record-Keeping
- Use separate bank accounts for personal vs. marital funds; avoid mixing.
- Keep clear proofs of source of funds (bank transfers, contracts, receipts).
- Document any gift or inheritance terms in writing; if you intend it to remain personal, say so explicitly.
- Align your records with a proper prenup registered at marriage.
Important Points of Section 1474
- Default rule: assets acquired during marriage are marital property.
- Fruits of personal property become marital property.
- Doubt favors marital classification (strong presumption).
- Proof & prenup are essential to maintain separate property status.
- Courts apply Section 1474 in most divorces to define the pool to be divided.