Right on residential property and you can/otherwise home immediately following divorce proceedings Thai Partner
Once we were handled divorce amount since 2003, i constantly received issue which can new non-native claim the fresh homes and you may/otherwise home that he bought and you can entered it under Thai wife’s identity when the separation from inside the Thailand.
One to as to why once they married having Thai Wife, they’ll register and endorse the newest 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 will not deem once the Matrimony Property”
We also suggest one to read information on the newest divorce case from here understand how our system try: Splitting up when you look at the Thailand
“…In case there is doubt regarding if property try Wedding Possessions or perhaps not it would be believed to get Matrimony Possessions”
Perhaps the land and VenГ¤jГ¤-avioliitto its own building provides given the Defendant’s title just, but it’s the house your Accused obtained from inside the Accused partnered toward Plaintiff. Therefore, it’s the assets that the Defendant plus the Plaintiff provides obtained during the relationship in accordance with the Civil and Commercial Code Area 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, this new Plaintiff need to render verification toward property manager one to the cash that spent to order the fresh land and you can home is an only personal property or individual possessions of one’s Defendant and you can this is not a wedding Assets otherwise 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 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.
Completion
Should you bought the latest land in the Thai Wife’s label, and you have because of the confirmation within Land-office from the affirm that the cash is maybe not are from your. This doesn’t mean you you should never allege after all.
You might difficulties on Thai Nearest and dearest Court from the appearing for the the way your paid for that it home as you intent for action to possess managing your Thai wife.
Therefore, toward divorce big date you’re entitle to have it half since it section of Marriage Assets that need to be divided.
And excite let your attorneys to refer Best Court purchase zero. for resource on the circumstances because it advantage to you.