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.
Supreme Court decisions interpreting this section
Showing decisions in our database that cite this section. The list updates automatically when new decisions are added.