Decision 337/2530 (1987): Interspousal Gift Makes the Asset Personal

The spouses held land acquired during marriage. While still married, the husband executed and registered a gift of that land (including buildings) to the wife. The Supreme Court held this was a valid contract between spouses; by virtue of section1471(3) civil code the land ceased to be sin somros and became the wife’s personal property. After their divorce the wife was entitled to sue to evict the husband from the property.

Practical impact

• Registered interspousal gift is effective: a spouse can validly give their marital share to the other during marriage; the asset exits the community pool.
• Title follows the gift: once converted, the other spouse has no residual share on divorce.
• No “sham transaction” defense if not pleaded: where the facts and pleadings show a genuine gift, courts need not take further evidence on simulation.

Marital vs. Personal Property in Thailand →

Sources: Thai headnotes and digests of คำพิพากษาศาลฎีกาที่ 337/2530. See summaries at deka.in.th.