Right on belongings and you may/otherwise domestic after divorce or separation Thai Spouse
As we were handled split up count because the 2003, we usually acquired practical question that can brand new non-native allege new belongings and you will/or house that he bought and you may joined it not as much as Thai wife’s title whenever the divorce or separation for the Thailand.
One to why once they married which have Thai Spouse, they are going to sign in and you will promote the new title-deed regarding Thai Wife’s label.
And on the time of the transfer registration, the Land Office will asked the foreigner husband signed one page of paper to confirm that “the money that use for this land is not come from the foreigner husband and it doesn’t deem because Relationships Property”
We in addition to strongly recommend one to realize details about the fresh new divorce process from here to learn how our system is: Divorce case within the Thailand
“…In case of question concerning if or not property are Relationship Property or otherwise not they is going to be believed to be Relationships Possessions”
Probably the house and its own building has specified new Defendant’s title just, however it is the house or property the Accused gotten inside the Defendant partnered to the Plaintiff. Therefore, simple fact is that property the Defendant and the Plaintiff possess received during marriage according to the Civil and you will Commercial Code Section 1474 (1).
The money that spent for bought the land and house is the Plaintiff’s money. The Plaintiff bought the land and house for living together with the Defendant when travel to Chiang Mai to visit the parent of the Defendant. But the Plaintiff cannot use his name to own the land, because the Plaintiff is the foreigner. The Seller, the Plaintiff’s friend and the land officer advised to use the Defendant’s name to Asiatisk kvinner be act as a buyer and owner of the land. So, in order to complete the such transaction, brand new Plaintiff need render confirmation into residential property administrator that the money that spent to get the fresh new residential property and you will house is a just private property otherwise personal assets of Offender and you may this isn’t a marriage Property or joint assets. Otherwise, the land officer will not proceed to registration. Once received the title deed, it has been safe keep with the Plaintiff. In case the Plaintiff wish to give it as individual property to the Defendant, the Plaintiff should give the title deed to the Defendant as well. As the Plaintiff is the person who kept the title deed and the Plaintiff intent to buy it for living together with the Defendant at Chiang Mai, it is showing that the Plaintiff has not intent to give to the Defendant as her individual property. But the Plaintiff intent to make it to be as Marriage Property. And according to the Section 1474 has specified that …In case of doubt as to whether a property is Marriage Property or not it shall be presumed to be Marriage Property… So, the Plaintiff and the Defendant has equally share on the land and house.
Achievement
In the event you ordered the latest land in your own Thai Wife’s name, and you’ve got because of the verification within Land office by affirm your money is not come from your. This does not mean which you dont claim at all.
You might complications on Thai Loved ones Court because of the indicating into the the way in which you covered so it house as you purpose to use it to have living with the Thai spouse.
Therefore, with the divorce day you are entitle to get it half of while the they part of Matrimony Possessions that have to be divided.
And you can please let your attorneys to mention Finest Legal acquisition no. to own source in your situation whilst advantage to your.