Close to property and/or home shortly after split up Thai Spouse
Once we was basically managed separation and divorce matter while the 2003, i constantly obtained the question that can the fresh new foreigner claim new house and/or domestic he ordered and you may inserted it less than Thai wife’s name when the divorce case in Thailand.
One to as to why once they partnered having Thai Wife, might sign in and promote the title-deed about Thai Wife’s term.
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 deem since the Relationships Property”
I in addition to highly recommend that comprehend information regarding new divorce process from here to know just how our system try: Split up for the Thailand
“…In the eventuality of doubt about whether a home are Relationship Property or otherwise not they are presumed become Matrimony Property”
Probably the land and its particular strengthening have specified the fresh new Defendant’s name only, but it is the property that the Defendant obtained inside Offender hitched towards Plaintiff. Therefore, it will be the possessions that Offender in addition to Plaintiff enjoys acquired during relationship according to the Municipal and you can Commercial Password Point 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 promote confirmation toward home administrator that the bucks you to definitely invested to order the newest home and you can home is an only personal assets otherwise private assets of Accused and you can it is not a marriage Possessions 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 mГёte Chilensk kvinner 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.
End
In the event you bought new land in their Thai Wife’s identity, along with given the confirmation within Land-office by affirm your cash is perhaps not are from you. This doesn’t mean which you cannot allege anyway.
You might issue on Thai Friends Legal of the proving inside the the way your taken care of that it household as you purpose to use it to have managing your own Thai wife.
Thus, for the divorce proceedings day you’re entitle to get it half just like the it element of Matrimony Assets that have to be split.
And please let your lawyer to mention Finest Court acquisition no. having reference on the circumstances whilst benefit to your.
