Right on homes and you can/otherwise home once divorce case Thai Spouse
While we was basically addressed separation and divorce count because the 2003, we always acquired issue which can the new foreigner allege the latest belongings and you can/or lovingwomen.org WeBlink household which he bought and you will entered it lower than Thai wife’s label whenever its divorce case inside the Thailand.
One as to why after they partnered having Thai Spouse, they are going to sign in and you can recommend the newest title-deed on the 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 will not deem given that Marriage Assets”
We including highly recommend one to see details about this new divorce process from this point to know just how our system try: Divorce proceedings inside Thailand
“…If there is doubt as to if a house is actually Relationships Possessions or not they can be believed becoming Relationship Property”
Possibly the land and its own building keeps given the latest Defendant’s title just, but it’s the property that Offender received for the Accused partnered to your Plaintiff. Very, simple fact is that assets that the Accused additionally the Plaintiff possess obtained throughout marriage according to the Civil and you may 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 brand new Plaintiff need certainly to render verification toward land manager one the bucks that spent to order brand new property and you may house is a best individual property or personal possessions of your own Accused and you will that isn’t a wedding Property or mutual 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 bought new land in their Thai Wife’s label, and you’ve got considering the verification during the Land office because of the affirm that money is not come from your. This does not mean you do not claim anyway.
You might difficulty for the Thai Members of the family Legal by the exhibiting in the the way in which your covered so it household because you intent to use it to own managing their Thai wife.
Thus, into divorce proceedings day you’re entitle to get it 50 % of because the they section of Wedding Assets that have to be split up.
And please let your lawyer to refer Supreme Legal purchase no. for site on your case because advantage to your.
