Directly on homes and you can/or family immediately following divorce Thai Spouse
Once we had been managed divorce case count once the 2003, we always received the question which can brand new non-native allege the residential property and you may/otherwise domestic which he bought and you will registered they below Thai wife’s label when their divorce or separation from inside the Thailand.
That as to why when they hitched which have Thai Partner, they will register and you will recommend new title deed about Thai Wife’s title.
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 since Marriage Possessions”
I in addition to suggest that realize information about the new divorce case from this point to know just how our bodies is: Divorce proceedings within the Thailand
“…In the event of question regarding whether or not a home is actually Relationships Possessions or not they will be believed become Relationships Property”
Even the property as well as strengthening have specified the fresh new Defendant’s term merely, but it’s the home the Accused acquired when you look at the Offender hitched towards Plaintiff. Thus, simple fact is that possessions your Defendant and also the Plaintiff enjoys gotten through the matrimony in accordance with the Civil and you will Industrial Password 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, new Plaintiff must give verification for the land officer you to definitely the bucks one to invested purchasing the home Venezuela naisten treffisivusto and you will residence is a just personal possessions or individual property of the Accused and you can this is not a wedding Assets otherwise 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.
Achievement
In case you bought new result in the Thai Wife’s term, and you’ve got given the confirmation within Land office of the affirm the cash is perhaps not are from your. This doesn’t mean which you cannot claim at all.
You might difficulty to the Thai Family relations Court of the indicating from inside the the way in which you taken care of that it domestic because you purpose to use it to have living with their Thai wife.
Very, toward separation and divorce go out you are entitle to have it 1 / 2 of once the it part of Wedding Assets that have to be split up.
And please allow your attorneys to refer Best Court order no. having site in your situation because it advantage to you.