Right on property and you may/or domestic once splitting up Thai Partner
As we have been managed breakup amount once the 2003, we always gotten the question which can brand new foreigner allege the newest land and you will/otherwise family which he purchased and entered it significantly less than Thai wife’s identity whenever their divorce case into the Thailand.
You to definitely as to why once they hitched that have Thai Spouse, they’ll sign in and you may endorse the fresh title-deed on Thai Wife’s identity.
And on the time of the transfer https://lovingwomen.org/tr/blog/latin-tanisma-siteleri/ 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 given that Relationship Possessions”
We including highly recommend you to definitely realize information about the fresh new divorce case from this point to learn how our system is: Separation and divorce for the Thailand
“…If there is question regarding if or not a home is Wedding Assets or not it might be believed to be Wedding Property”
Possibly the residential property and its particular strengthening possess specified the brand new Defendant’s title merely, but it’s the house or property your Defendant acquired for the Offender married towards Plaintiff. So, this is the assets your Offender plus the Plaintiff keeps gotten through the marriage in accordance with the Municipal and you can 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, new Plaintiff need to give verification with the house officer one the cash you to definitely spent to purchase the brand new homes and you may home is an only personal possessions otherwise individual assets of your Offender and this isn’t a married relationship Assets otherwise shared property. 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
Should you bought the result in their Thai Wife’s title, along with because of the verification from the Land-office from the affirm your cash is not come from your. This does not mean which you cannot allege whatsoever.
You might difficulties for the Thai Relatives Courtroom because of the exhibiting into the the way that your purchased that it domestic because you intention for action to possess living with your own Thai spouse.
Therefore, for the separation and divorce go out you are entitle to get it 1 / 2 of given that it element of Wedding Property that have to be split up.
And you can delight allow your lawyer to refer Supreme Judge acquisition no. getting site on the situation as it advantage to you.