Even as we was in fact addressed divorce proceedings amount as 2003, i always acquired practical question that will the latest non-native allege the latest homes and you will/otherwise family that he ordered and you will registered it lower than Thai wife’s name whenever the separation and divorce in Thailand.
That as to why after they hitched having Thai Wife, they will sign in and promote the fresh new title-deed from 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 as the Marriage Possessions”
We including recommend you to definitely comprehend information about the fresh new divorce process from here to understand exactly how our bodies is: Divorce case in the Thailand
“…In case there are doubt regarding whether a house try Wedding Assets or perhaps not they can be thought to-be Matrimony Possessions”
Possibly the property and its own building possess given the latest Defendant’s title simply, but it’s the home that the Offender received in the Accused married towards the Plaintiff. Therefore, this is the possessions your Defendant therefore the Plaintiff provides obtained while in the matrimony according to the Civil and you may 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 new Plaintiff need bring verification towards the property administrator one to the money you to spent to get the property and house is a just individual possessions or private assets of the Accused and that isn’t a married relationship Assets or combined 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 ana siМ‡te 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.
In the event you ordered the fresh new result in your own Thai Wife’s term, along with given the confirmation during the Land office from the affirm that cash is not come from you. This does not mean which you do not claim at all.
You could potentially difficulty on the Thai Family unit members Court because of the indicating within the the way that your paid for that it domestic since you purpose to use it for coping with the Thai partner.
Very, into the divorce case big date you are entitle to get it half given that they part of Relationships Possessions that need to be divided.
And you may delight allow your attorneys to refer Supreme Courtroom buy no. to possess reference in your circumstances since it benefit to your.