Directly on home and you may/or household immediately following divorce or separation Thai Spouse
Once we have been handled split up matter as 2003, we usually obtained issue that will the brand new foreigner allege the home and you will/or family which he bought and you may entered it around Thai wife’s name whenever their divorce for the Thailand.
You to definitely why after they hitched that have Thai Wife, they sign in and you can promote the fresh new 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 will not consider as the Matrimony Property”
I as well as suggest one discover details about this new divorce case from here to learn just how our system is actually: Breakup during the Thailand
“…In case there are doubt about if a home was Relationship Assets or not it is going to be thought is Relationship Property”
Perhaps the property and its particular strengthening has actually given this new Defendant’s identity just, however it is the home the Defendant acquired for the Defendant married to the Plaintiff. Therefore, it will be the property that Defendant plus the Plaintiff enjoys gotten throughout matrimony in accordance with the Municipal and you can 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 promote verification into the residential property administrator you to definitely the bucks one invested to acquire the newest homes and you may residence is an only personal assets or personal property of your own Offender and you will this is simply not a wedding Property otherwise shared 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 https://lovingwomen.org/tr/fransiz-kadinlari/ 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 the event you bought the fresh end up in their Thai Wife’s identity, and you’ve got because of the confirmation at the Land-office by affirm that money is not are from your. It doesn’t mean you cannot claim after all.
You can difficulties on Thai Family relations Court of the proving in the way you purchased that it domestic as you intent to use it to have managing the Thai partner.
Therefore, towards the divorce case date you’re entitle to get it half given that they part of Relationships Possessions that have to be separated.
And you will please allow your attorneys to mention Supreme Courtroom order no. to possess source on your own case because benefit to your.
