Section 1490 — Debts and obligations of Sin Somros
Statutory text (Thai original)
แก้ไขเพิ่มเติมโดยพระราชบัญญัติแก้ไขเพิ่มเติมประมวลกฎหมายแพ่งและพาณิชย์ (ฉบับที่ ๒๔) พ.ศ. ๒๕๖๗ [175]
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
Debts that both spouses are jointly liable to perform, shall include the following debts incurred by either spouse during marriage: (1) debts incurred in connection with management of household affairs and providing for the necessaries of the family, or maintenance, medical expenses of the household and for proper education of the children; feedback (/form/1-samuiforsale-contact-form.html?tmpl=component) / (2) debts incurred in connection with the Sin Somros; (3) debts incurred in connection with a business carried on by the spouses in common; (4) debts incurred by either spouse only for his or her own benefit but ratified by the other.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1490 is what creditors use to reach a non-borrowing spouse's share of marital assets. Three categories of "family debt": (1) household necessaries — groceries, school fees, medical care; (2) joint-property debts — mortgage on marital home; (3) professional debts that benefit the family — business loans where the household benefited from the income. Personal-use debts (gambling losses, individual luxury purchases) remain individual unless ratified by the other spouse. Recent SC decisions interpret "benefit to family" broadly when applied to business borrowing.
Why this matters in practice
For lawyers: a creditor must prove the debt was for family benefit or marital property management to reach Sin Somros; a purely personal debt of one spouse cannot be satisfied from marital property without the other's consent. For clients: debts taken out for running the household or for joint business ventures bind your Sin Somros; purely personal debts of your spouse do not automatically bind you.
Legislative history
Section 1490 has applied since the B.E. 2519 revision of Book 5. The Marriage Equality Act (No. 24, B.E. 2567), in force 22 Jan 2025, extended the joint-debt regime to all married couples regardless of gender.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 7631/2552 (2009)
A spouse who witnesses a loan agreement is taken to have ratified it, converting the debt into a joint marital obligation.
Where one spouse borrowed money and the other signed as a witness to the loan agreement, the court held the witnessing spouse had ratified the debt, rendering it a joint marital debt enforceable against Sin Somros.
-
Supreme Court Judgment No. 6686/2552 (2009)
A debt is a joint marital obligation if the circumstances reasonably indicate the borrowed funds were applied for the benefit of the family.
Where one spouse borrowed a large sum from a third party and it was reasonably inferred the funds were used for family benefit and to extend credit to the family, the debt was classified as a joint marital debt enforceable against Sin Somros.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.