Directly on residential property and you can/otherwise family shortly after breakup Thai Wife
Even as we was basically addressed divorce proceedings count given that 2003, we usually received practical question that may the new foreigner allege the new belongings and you can/otherwise household that he ordered and you will joined they less than Thai wife’s term when their divorce case when you look at the Thailand.
You to as to the reasons once they partnered with Thai Spouse, they register and promote the newest title-deed on the Thai Wife’s name.
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 just like the Matrimony Possessions”
We in addition to suggest one to understand information on the fresh new divorce case from this point to understand exactly how our system is actually: Separation when you look at the Thailand
“…In the event of question on if a house was Wedding Property or perhaps not it should be assumed becoming Matrimony Assets”
Perhaps the home and its particular strengthening has actually given the fresh Defendant’s term just, however it is the property your Offender gotten when you look at the Defendant partnered for the Plaintiff. So, it will be the assets the Accused together with Plaintiff has actually gotten during relationship in accordance with the Bumble studiepoeng Civil and Commercial Code Part 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 must offer confirmation towards the home officer you to definitely the money one spent buying this new belongings and home is an only private assets otherwise personal possessions of your Accused and you may this is simply not a wedding 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.
Should you ordered brand new land in your Thai Wife’s name, and you have considering the confirmation on Land-office from the affirm that money is perhaps not come from your. This does not mean that you cannot claim at all.
You could potentially difficulties to your Thai Members of the family Legal because of the indicating inside the way that you covered it domestic as you intent for action to have coping with the Thai partner.
Thus, to the separation time you’re entitle to have it 1 / 2 of as the they part of Relationships Assets that need to be split up.
And delight allow your attorneys to refer Finest Court acquisition zero. to possess site in your case because it advantage to your.