Sin Somros

Sin Somros (สินสมรส) — Marital Property (Thai CCC section 1474)

Sin Somros, or marital property, means property of the spouses under Thai family law that belongs to them jointly during marriage. Under Civil and Commercial Code (CCC) Section 1474, marital property includes:

• Property acquired during the marriage by either spouse;
• Property acquired during the marriage by will or gift made in writing that expressly declares it to be jointly owned marital property;
• Fruits (income, yields) of personal property received during the marriage.

Presumption rule: If there is doubt whether an asset is personal or marital, it is presumed to be marital property unless proven otherwise (section 1474).

What is not Sin Somros (contrast)

Sin Suan Tua (สินส่วนตัว) means personal property, for example, assets owned before marriage, items for personal use, or property that a will/gift expressly makes personal. Only the fruits of such personal property during marriage fall into Sin Somros unless clearly excluded.

A Thai prenuptial agreement may validly designate certain property that would otherwise be personal property as marital property, provided the clause is properly registered with the marriage and is not contrary to public order or good morals.Supreme Court Decision No. 6711/2537 and Decision No. 3346/2532

Management & consent (see section 1476)

Spouses share management over Sin Somros. Certain transactions (e.g., selling real estate, long leases, mortgaging, litigating rights in marital assets) require the consent of both spouses unless validly allocated in a registered prenuptial agreement.

Asset and Property Division and Allocation in a Thai Divorce

• Sin Suan Tua (Personal Property),
• Management & Consent (CCC section 1476),
• Prenuptial Agreements