Directly on homes and you can/otherwise house immediately following divorce or separation Thai Partner
While we was in fact handled breakup amount once the 2003, i always acquired practical question that may the newest foreigner allege the fresh property and you may/or family which he purchased and you may joined they around Thai wife’s identity when the divorce or separation within the Thailand.
You to as to why when they partnered having Thai Spouse, they register and you may endorse the latest title deed from 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 consider since Marriage Assets”
We and recommend one see information on the fresh new divorce case from this point to learn how our bodies is actually: Divorce proceedings inside Thailand
“…In the event of doubt concerning whether a house is Wedding Property or otherwise not it might be presumed as Matrimony Possessions”
Perhaps the belongings and its particular strengthening possess given the latest Defendant’s identity only, however it is the house your Offender gotten for the Defendant married towards Plaintiff. Thus, this is the possessions that the Accused therefore the Plaintiff provides gotten while in the relationships in accordance with the Municipal and you will 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 have to offer confirmation on house officer you to definitely the money one to invested to find new home and you can residence is an only personal assets or personal assets of Defendant and you will this isn’t a married relationship Possessions or shared 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.
Conclusion
In case you bought the land in your Thai Wife’s label, and you’ve got because of the verification from the Land-office by affirm that cash is maybe not are from your. This doesn’t mean you usually do not claim after all.
You could potentially difficulty to the Thai Family relations Courtroom by proving when you look at the the way that you paid for so it home since you purpose to use it to own managing your own Thai wife.
Therefore, on breakup day you are entitle Hopp over til nettstedet to have it 50 % of while the they element of Marriage Possessions that need to be divided.
And you will please let your attorney to refer Finest Judge purchase no. to possess reference on your instance whilst benefit to you.
