Section 1533
Statutory text (Thai original)
และถ้าคู่สมรสอีกฝ่ายหนึ่งได้รับส่วนแบ่งสินสมรสไม่ครบตามจำนวนที่ควรจะได้ ให้คู่สมรสฝ่ายที่ได้จำหน่ายหรือจงใจทำลายสินสมรสนั้นชดใช้จากสินสมรสส่วนของตนหรือสินส่วนตัว
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
Upon divorce, the Sin Somros shall be divided equally between man and woman.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1533 is part of Book 5 (Family) of the Thai Civil and Commercial Code. This entry is awaiting firm-authored commentary; the statutory text above is verbatim from the Office of the Council of State (OCS Krisdika) Thai source, with the English translation from the FAO/UN FAOLEX repository. Always rely on the Thai original for legal proceedings.
Why this matters in practice
For lawyers: compile a complete inventory of all Sin Somros before filing for divorce; assets deliberately disposed of by one spouse to defeat division may be traced and valued. For clients: on divorce, you are entitled to exactly half of all marital property — any asset acquired during the marriage (with limited exceptions) must be included in the pool.
Legislative history
Section 1533 has applied since the B.E. 2519 revision. The Marriage Equality Act (No. 24, B.E. 2567), in force 22 Jan 2025, extended the equal-division principle to all divorcing couples regardless of gender.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 566/2556 (2013)
A property settlement agreement on divorce requires no special form beyond general contract requirements and may be made separately from the divorce registration.
A property division agreement between spouses may be made at the time of registering the divorce (with or without the registrar's note) or separately in writing; no specific form is required beyond general contract law.
-
Supreme Court Judgment No. 960/2552 (2009)
On divorce, each spouse is entitled to half the net equity in mortgaged Sin Somros after deducting the outstanding debt.
Land and a townhouse purchased jointly during the marriage and subject to a continuing mortgage were Sin Somros; on divorce each spouse was entitled to half the net equity after deducting the outstanding mortgage balance.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can a court give one spouse more than 50% of marital property on divorce?
The default under §1533 is an equal 50/50 split. However, if one spouse has dissipated or deliberately disposed of Sin Somros to reduce the pool, the court may adjust the division so the innocent spouse receives their rightful half of the original pool. Courts do not generally deviate from 50/50 based on moral fault alone.