What exactly is your straight to allege this new house and/or home after split up Thai Wife?
Right on residential property and/or household immediately after divorce proceedings Thai Wife
Even as we had been treated divorce matter just like the 2003, i constantly obtained the question that may the new non-native claim the new residential property and you may/or family he purchased and you may inserted they below Thai wife’s term when their divorce or separation in the Thailand.
You to top article definitely as to the reasons once they partnered that have Thai Partner, they’ll sign in and you will promote the fresh 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 cannot deem as the Marriage Possessions”
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“…If there is question on whether or not property try Relationship Assets or otherwise not they might be thought is Wedding Possessions”
Even the home and its particular strengthening possess specified the brand new Defendant’s identity merely, but it is the property that the Offender acquired within the Accused hitched into Plaintiff. Thus, it’s the assets the Offender plus the Plaintiff have obtained while in the wedding in accordance with the Municipal 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, the newest Plaintiff have to bring verification into land officer that the cash one invested to buy brand new homes and you will house is a sole private possessions or private possessions of one’s Offender and you can this is simply not a wedding Possessions or mutual 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.
End
If you purchased the latest end up in your own Thai Wife’s label, along with given the confirmation from the Land office by the affirm your money is not come from your. This doesn’t mean which you don’t claim after all.
You might difficulty with the Thai Family relations Court because of the proving in the the way in which you taken care of which domestic as you intent for action to have living with their Thai partner.
Very, into the divorce proceedings day you are entitle to have it half of given that they element of Relationships Assets that need to be split.
And you may delight let your lawyer to refer Supreme Court acquisition zero. to have site on your instance because benefit to your.