Legal
Guide to Marital Assets and Property Division in Thailand
TL;DR: Marital assets in Thailand are divided into separate (Sin Suan Tua) and marital property (Sin Somros). In divorce, marital property is usually split 50/50 unless a prenuptial agreement states otherwise. Proper documentation and prenups help protect personal and business assets.
Marriage does not only bring two people together but also creates a shared financial relationship. In Thailand, the Civil and Commercial Code (CCC) establishes clear rules on how assets and debts are classified, managed, and divided between spouses. These rules become particularly important in situations such as estate planning, business ownership, or divorce proceedings, where the distinction between personal and marital property directly affects legal rights and financial outcomes.
For couples living in or married under Thai law, understanding the framework of Sin Suan Tua (separate property) and Sin Somros (marital property) is important. This blog post will explore the relevant legal provisions and classification, and how individuals can protect their personal and family assets.
Key Points
- Thai law divides marital assets into Sin Suan Tua (separate property) and Sin Somros (marital property).
- Separate property includes assets owned before marriage, personal use items, gifts, inheritances, and dowries.
- Marital property generally covers assets acquired during marriage, income generated from separate property, and jointly received gifts or inheritances.
- If there is any doubt, property is presumed to be marital (Sin Somros) under Section 1474 of the Thai Civil and Commercial Code.
- In divorce, marital property is usually divided 50/50, with practical compromises required for indivisible assets like houses and cars.
- A prenuptial agreement is the best way to clarify asset ownership, protect personal and business assets, and reduce disputes in case of divorce.
What are Marital Assets in Thailand?
In Thailand, the Civil and Commercial Code (CCC) provides the legal framework for defining, managing, and dividing marital property. The following sections outline the general rules governing marital and separate property, as well as the division of property and debts in the event of divorce or termination of marriage.
General Rules (Sections 1470–1474 CCC)
| Section | Rule | Example |
| 1470 | Assets acquired as marital property are recognised from the date of marriage and continue until the marriage is terminated. | Applies from marriage registration until divorce, annulment, or death. |
| 1471 | Defines separate property (Sin Suan Tua). | Includes assets owned before marriage, personal use items, gifts, inheritance, etc. |
| 1472 | Property acquired during marriage with separate funds remains separate property. | Example: If a spouse buys an asset using only their separate funds, that asset is separate property, not marital property. |
| 1473 | Each spouse may manage and dispose of their separate property independently. | No consent from the other spouse is required. |
| 1474 | Defines marital property (Sin Somros). | Includes assets acquired during marriage unless proven otherwise. |
Division of Property and Debts (Sections 1533–1535 CCC)
| Section | Rule | Explanation |
| 1533 | Upon divorce, marital property (Sin Somros) is divided equally between spouses. | Equal 50/50 division unless agreed otherwise by law. |
| 1535 | Upon termination of marriage, spouses share equal liability for common debts. | Both parties remain responsible for debts incurred jointly during marriage. |
What is Considered Marital Property in Thailand? Sin Suan Tua vs Sin Somros
When it comes to marriage in Thailand, property ownership is divided into two categories under the Thai Civil and Commercial Code: Sin Suan Tua (separate property) and Sin Somros (marital property).
Understanding the difference between these two types of assets is important for married couples in Thailand, especially when considering ownership rights, management of assets, or potential division in the event of divorce.
Sin Suan Tua – Separate Property
Sin Suan Tua refers to assets that remain the exclusive property of one spouse. These assets are not considered part of the shared marital estate. According to Section 1471 of the Civil and Commercial Code, Sin Suan Tua includes:
- Property owned before marriage – Any property held by a spouse before entering into the marriage.
- Personal use items – Clothes, personal belongings, and ornaments (such as jewellery) primarily intended for personal use.
- Gifts or inheritances received individually – Property acquired by will or through a gift made to one spouse specifically.
- Khongman (dowry) – Any traditional dowry or betrothal gift given to one spouse.
Sin Somros – Marital Property
Sin Somros refers to property acquired and shared during the course of the marriage. Unless proven otherwise, the law presumes assets acquired during the marriage to be marital property (Section 1474). This includes:
- Assets acquired during marriage – Any property purchased or obtained by either spouse during the marriage.
- Gifts or inheritances given jointly – Property acquired by either spouse during marriage through a will or gift, if intended for both spouses.
- Income from separate property – For example, rent received from a house inherited by one spouse would be classified as marital property, even though the house itself remains separate property.
Key Legal Presumptions For Martial Assets
Under Thai law, the default position is that if there is any uncertainty about whether an asset is classified as separate property (Sin Suan Tua) or marital property (Sin Somros), it will be presumed to form part of the marital estate.
Assets Purchased with Separate Property
However, there is an important exception to this rule. If an asset is acquired during the marriage but paid for entirely with funds that qualify as separate property, that asset will remain the personal property of the spouse who provided the funds, in line with Section 1472 of the Civil and Commercial Code.
For instance, if a spouse purchases a car during the marriage using money inherited before the marriage, the car is considered that spouse’s separate property, even though it was acquired after the marriage.
Assets Obtained After the Filing for Divorce
The cut-off point for determining marital property in divorce proceedings initiated by litigation is the date on which the divorce petition is filed with the court. Any property acquired by either spouse after this filing date is not regarded as marital property and will therefore be excluded from division.
The reason for this is based upon 2 things, firstly, to prevent either spouse from concealing or transferring assets once divorce proceedings are underway; and second, to ensure that new property acquired during the course of the litigation is not mistakenly treated as part of the marital estate.
This rule has since been confirmed by the Thai Supreme Court Decision (Deka) 3029/2566.
Gifts and Contracts Between Husband and Wife
Under Thai law, gifts are considered a form of contract, and agreements between spouses concerning personal or marital assets are subject to strict limitations.
Section 1469 of the Civil and Commercial Code states that such agreements can be voided either during the marriage or within one year following its dissolution.
In the context of divorce, contracts between spouses, such as loans or gifts, may therefore be set aside, and any benefits received must be returned. This is established under the principle of Undue Enrichment, as per Sections 406–419 of the Civil and Commercial Code, ensuring that neither party unfairly benefits from such transactions once the marriage ends.
How is Property Divided in Divorce?
In practice, property divided in divorce consists of the division of Sin Somros (marital property) and will usually be split 50/50 between the spouses. However, disputes often arise with assets such as houses and vehicles, as they cannot be physically divided, and one spouse may want to keep it and the other may want to sell or have their share bought out.
In such cases, the parties must reach a compromise, either by transferring ownership to one spouse with compensation to the other or, if no agreement is possible, by selling the property and dividing the proceeds equally.
Importantly, if a prenuptial agreement was agreed prior to marriage, it should be disclosed to and carefully reviewed by legal counsel to ensure its provisions are taken into account during the divorce settlement.
What do the Definitions of Martial Assets Mean for Married Couples?
In relation to estate planning, couples should take care to clearly document when property is acquired with separate funds, particularly in the case of high-value assets such as vehicles, land leases, or investments.
This is important to consider because, in the worst-case scenario where the marriage ends, proper documentation plays an important role in divorce proceedings. The way property is categorised will often determine how the court divides the asset.
By maintaining receipts, transfer records, and contracts, the rightful owner of the asset can provide the necessary proof to establish whether property should be treated as Sin Suan Tua (separate property) or Sin Somros (marital property).
How Can a Spouse Protect their Assets in the Event of a Divorce??
A prenuptial agreement, or “prenup,” is a legally binding contract signed by two people before marriage. The purpose of a prenup is to determine how the couple’s assets, property, and finances will be managed during the marriage and divided in the event of divorce or separation.
Why Consider a Prenuptial Agreement?
Prenuptial agreements are a great option for protecting financial interests and reducing potential conflict in the event of a divorce or separation. Common reasons for entering into a prenup include:
- Protecting personal assets – Protecting property, investments, or inheritances acquired before marriage from division in divorce.
- Clarifying financial responsibilities – Establish how expenses, debts, and savings will be managed during the marriage.
- Protecting business assets – Prevent personal or family businesses from being affected by divorce proceedings.
- Avoiding lengthy disputes – Create a clear framework for dividing assets and liabilities, minimising costly litigation.
Are Prenuptial Agreements Recognised in Thailand?
Prenuptial agreements are considered valid and enforceable under the Thai Civil and Commercial Code, as long as certain requirements are met.
- Both parties must enter into the agreement voluntarily, free from pressure or coercion.
- The agreement must be signed at the same time as the marriage registration and filed with the local Amphur (district office).
- In addition, both parties are required to make full disclosure of their assets, liabilities, and overall financial circumstances before signing.
- Both spouses must have made full and honest disclosure of their financial situation before signing. If assets or liabilities were concealed or misrepresented, the prenup may be deemed unenforceable.
- The terms must be fair, reasonable, and consistent with Thai law.
Failure to comply with these conditions can make the agreement unenforceable.
What is Included in a Prenuptial Agreement in Thailand?
It is important to create a prenup that is as detailed as possible. This is recommended as it will help avoid any unnecessary and avoidable conflicts.
A properly prepared prenup typically includes provisions covering:
- Division of assets and property – Identification of individual assets owned prior to marriage, classification of marital property, and rules for division upon divorce.
- Debts and liabilities – Clarification of which debts belong to each party and how marital debts will be divided.
- Alimony or spousal support – Terms governing whether support is payable, how much, and for how long.
- Inheritance – Provisions outlining how inheritance will be treated if one spouse passes away.
- Child custody and support – Arrangements for custody, financial support, and parental responsibilities in the event of separation.
Registering a Prenuptial Agreement in Thailand
For a prenuptial agreement to be legally enforceable in Thailand, it must be properly executed and registered. Both parties are required to sign the agreement in the presence of at least two witnesses who are 18 years of age or older. The prenup must then be submitted and attached to the marriage registration at the same Amphur (district office) where the marriage is officially registered. Additionally, if either party is under the age of 20, written consent from a parent or legal guardian is required.
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FAQ
What is considered a marital asset in Thailand?
A marital asset, known as Sin Somros, includes property or income acquired during the marriage by either spouse. Unless proven otherwise, Thai law presumes all assets gained during the marriage to be marital property.
What assets are not included in divorce property division?
Assets considered Sin Suan Tua (separate property) — such as those owned before marriage, personal use items, inheritances, gifts, or dowries — are excluded from marital division.
How is property divided in divorce under Thai law?
In most cases, marital assets are divided equally (50/50) between spouses, unless a prenuptial agreement specifies otherwise. Indivisible assets like homes or cars may require one spouse to buy out the other’s share or sell and split the proceeds.
What happens to property purchased during marriage with separate funds?
If a spouse buys property using only their separate funds (for example, inherited money), that property remains their personal asset, not part of the marital estate.
Can assets acquired after filing for divorce be divided?
No. Any assets obtained after the date the divorce petition is filed are not counted as marital property and will not be divided.
What is the difference between Sin Suan Tua and Sin Somros?
Sin Suan Tua refers to separate property owned before marriage or personally gifted, while Sin Somros covers property gained during the marriage. If there is doubt, the law assumes it is marital (Sin Somros).
Can a prenuptial agreement protect my marital assets?
Yes. A valid prenuptial agreement can define which assets remain separate and how property will be divided in divorce. It must be registered with the marriage at the Amphur (district office) to be enforceable.
How can couples protect their personal assets in Thailand?
Couples should keep clear documentation of when and how property was acquired, especially if bought with separate funds. Receipts and contracts can prove ownership and prevent disputes during divorce property division.
Is a prenuptial agreement legally recognized in Thailand?
Yes. Thai law recognizes prenups if both parties sign voluntarily, disclose all assets, and register the agreement at the same time as the marriage. Otherwise, it may be deemed invalid.
What happens to marital debts during a divorce?
Debts incurred jointly during marriage are shared equally between both spouses under Section 1535 of the Civil and Commercial Code.
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