Section 1474: Sin Somros, marital property
Statutory text (Thai original)
สินสมรสได้แก่ทรัพย์สิน (๑) ที่คู่สมรสได้มาระหว่างสมรส (๒) ที่ฝ่ายใดฝ่ายหนึ่งได้มาระหว่างสมรสโดยพินัยกรรมหรือโดยการให้เป็นหนังสือเมื่อพินัยกรรมหรือหนังสือยกให้ระบุว่าเป็นสินสมรส (๓) ที่เป็นดอกผลของสินส่วนตัว ถ้ากรณีเป็นที่สงสัยว่าทรัพย์สินอย่างหนึ่งเป็นสินสมรสหรือมิใช่ ให้สันนิษฐานไว้ก่อนว่าเป็นสินสมรส
Verbatim from the Royal Gazette / Office of the Council of State
English translation
Sin Somros (marital property) consists of: (1) property acquired by either spouse during marriage; (2) property acquired by either spouse during marriage by will or gift in writing where the will or written gift declares it to be Sin Somros; (3) the fruits of Sin Suan Tua (separate property). In case of doubt as to whether a thing is Sin Somros, it is presumed to be Sin Somros.
This English translation is provided for reference only and has not yet been firm-verified. Always rely on the Thai original.
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.
Why this matters in practice
For lawyers: the §1474 presumption shifts the burden of proof — a spouse asserting that an asset is separate property must produce clear evidence of its origin. For clients: salary earned during your marriage, rental income from separate-property land, and jointly-purchased items are all marital property even if only one spouse's name appears on the title.
Legislative history
Section 1474 introduced the Sin Somros presumption when Book 5 was revised in B.E. 2519. The Marriage Equality Act (No. 24, B.E. 2567), in force 22 Jan 2025, extended the regime equally to all married couples regardless of gender.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 2236/2562 (2019)
Salary earned during marriage and its derivatives are Sin Somros; lump-sum death benefits are not, as they are not income acquired during the marriage.
Monthly salary deducted for share contributions to a cooperative during the marriage constituted Sin Somros under §1474(1); a death-benefit lump sum paid by the cooperative was not salary earned during marriage and therefore was not Sin Somros.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Cited in 85 Supreme Court decisions (1953 to 2025)
Selected citing decisions
- Decision 3615/2568 (2025)
- Decision 8321/2568 (2025)
- Decision 3029/2566 (2023)
- Decision 2294/2565 (2022)
- Decision 5980/2564 (2021)
- Decision 3122/2564 (2021) Commercial Leasehold Acquired by a Spouse During Marriage is Presumed Sin Somros Under Section 1474(2)
- Decision 2236/2562 (2019) Cooperative Shares Bought via Salary Deduction During Marriage are Sin Somros
- Decision 7789/2560 (2017)
This list is selected automatically, weighted towards judgments that turn on this section rather than ones that merely recite it when passing sentence. It has not yet been reviewed by the firm.
Most often cited alongside
- Section 1471 17
- Section 1533 14
- Section 1476 11
- Section 1480 10
- Section 1364 9
- Section 1516 7
Sections that appear in the same judgments as this one most often. The figure is the number of decisions.
Counted across the firm's corpus of 83,652 Supreme Court decisions, 1921 to 2026. The count is complete; the stated year range trims rare outliers so it describes where the citations actually sit. These figures are computed by us and are not official court statistics. How we count these, and what we measured
Frequently asked questions
Is the salary I earn during the marriage marital property?
Yes. Under §1474(1), all income earned by either spouse during the marriage is Sin Somros, regardless of whose account it is deposited in. On divorce, it is divided equally between both spouses.
What happens to a business I built during the marriage?
A business established and grown during the marriage using marital effort and funds is Sin Somros under §1474(1). Its value at the time of divorce is included in the marital pool and divided equally. If you used pre-marital capital (Sin Suan Tua) to start the business, that initial capital remains yours; only the growth attributable to the marriage period is shared.
Related guides on ThaiLawOnline
Cite this section
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Plain citation
Civil and Commercial Code, s. 1474 (Thailand) -
Academic citation
Civil and Commercial Code (Thailand), s. 1474. ThaiLawOnline, https://www.thailawonline.com/thai-civil-code/section-1474/ (accessed 8 August 2026). -
Thai citation
ป.พ.พ. มาตรา 1474 -
Permalink
https://www.thailawonline.com/thai-civil-code/section-1474/ -
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<blockquote cite="https://www.thailawonline.com/thai-civil-code/section-1474/"><p>Sin Somros (marital property) consists of: (1) property acquired by either spouse during marriage; (2) property acquired by either spouse during marriage by will or gift in writing where the will or written gift declares it to be Sin Somros; (3) the fruits of Sin…</p><footer>Civil and Commercial Code, s. 1474 (Thailand) — <a href="https://www.thailawonline.com/thai-civil-code/section-1474/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.