Section 1474 — Sin Somros — marital property

Firm annotation

Section 1474 is the cornerstone of Thai matrimonial property law. Three points dominate divorce litigation: (1) the presumption in the final sentence shifts the burden of proof — a spouse claiming an asset is Sin Suan Tua must prove it; (2) the rule sweeps in pre-marriage assets if their character changes during marriage (e.g. a flat owned before marriage that is sold and the proceeds reinvested becomes Sin Somros unless carefully traced); (3) the fruits of separate property (rent, interest, dividends) are always Sin Somros regardless of the underlying asset.