In a Thai divorce, marital property (sin somros) is divided equally under section 1533 of the Civil and Commercial Code, while each spouse keeps their personal property (sin suan tua). What decides most disputes is when an asset was acquired and whose money paid for it.
What is sin somros and what is sin suan tua?
Thai law sorts assets into two baskets. If you made no valid prenuptial agreement, these rules apply automatically.
| Personal property (s. 1471) | Marital property (s. 1474) |
|---|---|
| Assets either spouse owned before the marriage | Assets acquired by either spouse during the marriage, such as savings from salary |
| Personal belongings, clothing and reasonable jewellery, and tools of one's trade | Assets received by will or written gift that expressly states they are marital property |
| Inheritances and gifts received during the marriage | Income and other fruits generated by personal property |
| Engagement gifts (khong man) | Anything whose status is doubtful, which is presumed marital |
Section 1472 adds a useful rule: if personal property is exchanged, sold or used to buy something else, the replacement stays personal. That is why tracing the money matters so much.
Is rent or income from my personal property shared?
Usually yes. Under section 1474, the fruits of personal property are marital property, so rent from a condo you owned before the wedding, or interest and dividends earned during the marriage, fall into the shared basket.
The asset itself stays yours. If you sell that pre-marriage condo, the sale price remains personal property under section 1472, but rent collected during the marriage does not.
This surprises many foreign spouses who assumed their home-country investments were untouchable. Keep the original asset and its income in separate, well-documented accounts.
Are gifts and inheritances shared on divorce?
An inheritance or a gift received by one spouse during the marriage is personal property under section 1471, unless the will or a written gift states that it is marital property.
Gifts between the spouses themselves are different. A transfer from one spouse to the other during the marriage is a contract between spouses, and section 1469 allows either spouse to avoid it while married or within one year after the marriage ends, without affecting good-faith third parties.
Keep wills, gift letters and bank records that show where family money came from. Without them, the presumption in section 1474 may make the asset marital.
What if my money bought assets in my Thai spouse's name?
Whose name is on the title is not the whole answer. Courts look at when the asset was bought and where the money came from.
- Bought during the marriage with salary or other marital income: normally marital property, split equally, whichever name is on the title.
- Bought with the foreign spouse's pre-marriage savings: arguably that spouse's personal property by substitution, but land cannot be held by a foreigner, so a money remedy is usually the realistic outcome.
- Bought after a Land Office declaration that the funds were the Thai spouse's personal property: that signed statement is strong evidence against the foreign spouse later.
- Money transferred as a gift to the Thai spouse: may be treated as a contract between spouses under section 1469, with its one-year window after divorce.
Land raises its own problems under the Land Code. The safest approach is to analyse each asset separately, with the bank transfers in hand.
How do Thai courts split the property?
The cut-off date depends on the route. Under section 1532, a consent divorce divides property as it stands on the registration date, while a judgment divorce divides it as at the date the divorce case was filed.
Each spouse then receives an equal share of the marital property (section 1533), and joint debts are shared equally (section 1535). Spouses can agree a different split in a consent divorce or a court settlement.
If co-owned property cannot sensibly be divided in kind, section 1364 allows the court to order it sold, by bidding between the owners or by public auction, and the proceeds shared. For how defended property claims are run, see Contested Divorce in Thailand: Grounds and Court Process.
How can you prepare a property claim?
- List every asset and debt in Thailand and abroad, with the date acquired and the name on the title.
- Mark each item as personal, marital or unclear, and note why.
- Collect proof of the source of funds: bank statements, transfer records, wills, gift letters and sale contracts.
- Copy Land Office and condo transfer documents, including any declarations about the funds.
- Note income generated by personal assets during the marriage, because it is usually marital.
- Agree a written, itemised split, or ask the court to divide the property in the divorce case.
Do not move or spend large marital sums once a divorce is on the horizon. Transactions made to reduce the other spouse's share can be challenged and will damage your credibility in court.
Frequently asked questions
Is the split always 50/50?
For marital property, equal shares are the legal default under section 1533. Spouses may agree a different split. Personal property is not divided at all.
Is property bought after we separated still marital?
Often yes, because you remain married until the divorce takes effect. In a court divorce, the division looks back to the filing date, so assets acquired before filing are generally included.
Are foreign bank accounts and pensions included?
Marital assets abroad count in principle, and a Thai court can rule on them. Enforcing that ruling abroad usually requires steps under the local law, so plan how each asset will actually be transferred.
What if my spouse hides assets?
Gather whatever lawful evidence you have, such as old statements and property records, and give it to your lawyer early. The court can order documents to be produced during the case.
Do debts get split too?
Debts for which both spouses are jointly liable are split equally under section 1535. A divorce agreement binds the spouses, but it does not change a bank's loan contract unless the lender agrees.
What is the best first step?
Build an asset table showing each item, its date, the name on the title and the source of the money. That one document drives negotiation and, if needed, the court case.
Because cross-border assets and land rules make mistakes costly, a Thai family lawyer should review the table before you agree to any split. Our overview Divorce in Thailand for Foreigners explains which divorce route you can use.
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