Sin Suan Tua

What Is Sin Suan Tua in Thai Family Law?

Sin Suan Tua (สิทธิส่วนตัว) is a spouse's personal, non-marital property under the Thai Civil and Commercial Code (CCC sections 1471–1473). It normally includes:

• Property owned by a husband or wife before the marriage
• Items for personal use, clothing, jewellery and tools for work
• Property received by one spouse as a gift or inheritance during marriage
• Khongman (traditional engagement property)
• Anything that replaces the above (for example, selling a pre-marriage car and buying another with the same money)

Each spouse is the manager of his or her own Sin Suan Tua, and can usually sell, use or gift it without consent from the other spouse, subject to the general rules of Thai law.

Default Rule: Property Acquired During Marriage Is Sin Somros (Section 1474)

As a starting point, the CCC presumes that all property acquired during the marriage is Sin Somros (marital property) under section 1474, even if it is registered in only one spouse's name. To treat something as Sin Suan Tua, the spouse claiming it as personal property must show that it falls into one of the categories above (for example, it was bought entirely with pre-marriage funds or received as a personal gift or inheritance).

Simply calling an asset “Sin Suan Tua” in a contract or at the Land Office does not automatically make it personal property. Thai courts will look at the real source of the money and the circumstances of the acquisition.

Gifts Between Spouses (Section 1469 CCC)

One spouse can make a gift to the other, and this may turn Sin Somros into Sin Suan Tua or the other way around. However, under section 1469 CCC, some gifts are voidable (for example, if they unfairly prejudice creditors), so gifts are not always a safe way to protect assets.

Practical Tips for Foreigners Married in Thailand

• Document everything – keep bank transfers, sale contracts and loan agreements, especially when foreign money is used to buy property in the Thai spouse's name.
• Keep personal and joint money separate – separate bank accounts make it easier to prove Sin Suan Tua (for example, pre-marriage savings or inheritance).
• Be careful with titles and declarations, a Land Office declaration that property is “personal” does not always override the rules on Sin Somros in the Civil and Commercial Code.
• Use a prenuptial agreement – a valid Thai prenup with a clear asset list is strong evidence of what each spouse owned before marriage and how it should be treated as Sin Suan Tua.

In summary, Sin Suan Tua is your personal property under Thai law, but in practice you must be able to prove the source of the funds and keep assets clearly separated, otherwise property acquired during marriage is likely to be treated as Sin Somros (marital property).