Section 1625
Statutory text (Thai original)
ถ้าผู้ตายเป็นผู้สมรสแล้ว การคิดส่วนแบ่งและการปันทรัพย์สินระหว่างผู้ตายกับคู่สมรสที่ยังมีชีวิตอยู่นั้นให้เป็นไปดังนี้(๑)[275] ในเรื่องส่วนแบ่งในทรัพย์สินระหว่างคู่สมรสให้อยู่ในบังคับของบทบัญญัติแห่งประมวลกฎหมายนี้ว่าด้วยการหย่าโดยยินยอมทั้งสองฝ่าย อันมีบทบัญญัติเพิ่มเติมให้บริบูรณ์ใน
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
If the deceased was married, the liquidation of property and the distribution of the estate between the deceased and the surviving spouse shall be as follows: (1) as regards the share in the property of husband and wife, the provisions of this Code concerning divorce by mutual consent as supplemented by Sections 1637 and 1638 and especially Section 1513 to 1517 of this Code shall apply; however, such liquidation shall take effect as from the date of dissolution of the marriage by death; (2) as regards the share in the estate of the deceased, the provisions of this Book other than Sections 1637 and 1638 shall apply.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1625 is part of Book 6 (Succession) 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: step one — identify all sinsomros (jointly acquired marital property). The surviving spouse takes half; the other half becomes the deceased's estate. Step two — distribute the estate to heirs under §§1629 and 1635. For clients: the surviving spouse does not inherit the entire jointly owned property automatically; they own half outright (not as inheritance) and then inherit an additional share of the remaining half as a statutory heir under §1635.
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment. Section 1625 bridges the matrimonial property regime (Book 5) and the law of succession (Book 6) by requiring a two-step process: first, separate marital property; second, distribute the deceased's share as estate. Since 22 January 2025, the Marriage Equality Act (No. 24, B.E. 2567) extends the same-sex marriage regime and therefore the same marital property and succession rules under §1625 apply to same-sex spouses.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3566/2542 (1999)
A void will does not extinguish the surviving spouse's rights under §§1625 and 1635; the spouse retains both the marital property share and the statutory heir share.
The deceased's will was void for lack of a date. Even though the will was void, the surviving spouse still had rights in the estate assets in her capacity as spouse under §§1625 and 1635(2) — she was entitled to her marital property share and to her statutory heir share of the remaining estate.
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Supreme Court Judgment No. 6562/2537 (1994)
The surviving spouse's entitlement to half of sinsomros under §1625 is a property right, not an inheritance right; it is not subject to the order of statutory heirs.
Bank deposits forming sinsomros between the deceased and the plaintiff were withdrawn by the defendants. The court confirmed the plaintiff as surviving spouse was entitled to half the deposits under §1625 read with §1513, and ordered the defendants to return the plaintiff's half.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.