Section 1474: Sin Somros, marital property

Firm annotation

Section 1474 defines Sin Somros and closes with the presumption that decides most matrimonial property disputes. Three points dominate. First, the presumption in the final sentence shifts the burden of proof, so a spouse claiming an asset is Sin Suan Tua must prove it. Second, the fruits of separate property, such as rent, interest and dividends, are Sin Somros under subsection (3) even though the asset producing them stays separate. Third, a gift or inheritance received during the marriage is Sin Suan Tua under Section 1471(3) and becomes Sin Somros only where the will or the written gift says so, which is why the wording of the instrument matters. Note what this section does not do. It does not convert separate property into marital property when the asset changes form: under Section 1472, property received in exchange for Sin Suan Tua, property bought with it, and money obtained by selling it all remain Sin Suan Tua, as does anything received in replacement when it is destroyed. The exposure in practice is evidential rather than substantive. Where proceeds are mixed into a joint account or reinvested without records, the spouse asserting separate ownership may be unable to discharge the burden the presumption places on them, and the asset will be treated as Sin Somros for want of tracing.