Section 1474 — Sin Somros — marital property
Statutory text (Thai original)
สินสมรสได้แก่ทรัพย์สิน (1) ที่คู่สมรสได้มาระหว่างสมรส (2) ที่ฝ่ายใดฝ่ายหนึ่งได้มาระหว่างสมรสโดยพินัยกรรมหรือโดยการให้เป็นหนังสือเมื่อพินัยกรรมหรือหนังสือยกให้ระบุว่าเป็นสินสมรส (3) 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.
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.