Right on belongings and you can/or home immediately following divorce or separation Thai Spouse
Even as we had been managed divorce or separation amount since 2003, we constantly received practical question which can the new foreigner allege the fresh property and you can/or household that he bought and you can entered they below Thai wife’s label when their separation for the Thailand.
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You to as to the reasons when they partnered having Thai Partner, they’re going to check in and you can recommend the brand new title-deed throughout the Thai Wife’s title.
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 cannot consider because the Matrimony Possessions”
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“…In case there is question regarding if a home was Wedding Possessions or perhaps not it will likely be believed getting Matrimony Possessions”
Probably the home and its particular strengthening keeps specified this new Defendant’s title merely, but it’s the home that Defendant gotten when you look at the Defendant married with the Plaintiff. Therefore, simple fact is that assets the Defendant as well as the Plaintiff has actually gotten throughout wedding in accordance with 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 be act as a buyer and owner of the land. So, in order to complete the such transaction, the fresh Plaintiff need certainly to bring verification to your belongings officer that the bucks you to invested to shop for the new house and you can home is an only personal assets otherwise private assets of Offender and you may this is simply not a married relationship Assets otherwise 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.
Conclusion
In case you purchased the end in the Thai Wife’s identity, and you have given the confirmation in the Land-office from the affirm that cash is perhaps not are from your. It doesn’t mean that you do not allege anyway.
You could problem for the Thai Nearest and dearest Judge of the indicating in the way that your purchased that it family as you purpose for action for managing their Thai wife.
So, into divorce case day you’re entitle to get it half of while the they part of Relationships Assets that need to be separated.
And you can excite let your attorneys to mention Best Courtroom order zero. to own site on your own instance whilst benefit to you.