1533

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Term Definition
1533
Section 1533 (Thailand): on divorce, Sin Somros (marital property) is divided equally. Assets acquired during marriage are presumed Sin Somros unless proven personal (Sin Suan Tua).

Section 1533 — Equal division of Sin Somros

Upon divorce, Thailand’s Civil and Commercial Code Section 1533 requires the equal division (50/50) of Sin Somros (marital property). As a starting point, assets acquired during marriage are presumed Sin Somros unless a party proves they are Sin Suan Tua (personal property).

  • Presumption during marriage: Purchases after the wedding (including with mixed funds) are presumed marital. The spouse claiming personal status bears the proof (pre-marriage ownership, gift/inheritance to one spouse, personal use, or traceable replacement).
  • Name on the title isn’t decisive: Sole-name registration doesn’t defeat the presumption if acquired during marriage.
  • Debts follow the property: Community debts tied to household needs or acquisition/maintenance of community assets are divided in the same proportion.
  • Practice pointer (Thailand): Division can be recorded by agreement at the District Office (amphur) or ordered by court; valuation typically looks to the position at divorce. For grounds and procedure, see Thai divorce law & legal grounds.

One-liner: Section 1533 = “simply equal division” of the community estate, unless a spouse can prove an asset is personal.