Right on home and you may/otherwise household just after split up Thai Partner
As we was in fact managed breakup amount while the 2003, i constantly acquired practical question that can the newest foreigner claim the fresh land and you can/otherwise home which he bought and registered they around Thai wife’s term when the divorce in the Thailand.
One as to why after they married which have Thai Spouse, they’ll register and promote the fresh new title-deed throughout the Thai Wife’s identity.
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 just like the Matrimony Possessions”
We in addition to recommend that comprehend information regarding the newest divorce process from here to learn just how our bodies is: Separation in Thailand
“…In case there are question as to whether a house is Wedding Property or perhaps not they is going to be believed to be Matrimony Property”
Even the home and its particular strengthening provides given the brand new Defendant’s term simply, but it’s the property the Accused obtained during the Accused married for the Plaintiff. So, this is the possessions that the Defendant additionally the Plaintiff has actually obtained during the relationship in accordance with the Civil and you may Commercial Code Point 1474 (1).
The money that spent for bought the land and house is the hyvГ¤t VenГ¤jГ¤ 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 be act as a buyer and owner of the land. So, in order to complete the such transaction, the brand new Plaintiff have to provide verification with the property manager you to definitely the money that spent to order the latest property and you will house is a best private possessions or private assets of Defendant and this is not a married relationship Property otherwise shared possessions. 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.
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In the event you ordered the new result in your own Thai Wife’s name, and you’ve got considering the verification from the Land-office by affirm the money is maybe not come from you. This doesn’t mean you try not to allege whatsoever.
You could complications on the Thai Members of the family Courtroom from the demonstrating when you look at the the way in which you paid for so it household because you intent for action to have coping with your own Thai wife.
So, to your divorce proceedings day you’re entitle to have it half due to the fact it section of Relationships Assets that have to be separated.
And you can delight allow your attorney to mention Finest Courtroom acquisition zero. to possess site on the case since it benefit to you.