Close to house and you may/or house once divorce proceedings Thai Partner
Even as we had been addressed separation matter as 2003, we usually obtained issue that can brand new non-native claim this new house and you may/otherwise house he ordered and you may registered they below Thai wife’s identity whenever their separation inside the Thailand.
That as to the reasons after they partnered which have Thai Wife, might register and you can promote brand new title-deed regarding 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 doesn’t deem given that Relationships Possessions”
I together with strongly recommend that understand details about the new divorce case from this point to understand exactly how our system is: Divorce case when you look at the Thailand
“…If there is doubt on whether or not a house was Wedding Possessions or perhaps not they are going to be thought to be Relationship Property”
Perhaps the residential property and its strengthening possess given brand new Defendant’s title just, but it is the property that Accused gotten within the Offender partnered towards the Plaintiff. Very, it’s the assets your Offender and Plaintiff keeps acquired throughout marriage in accordance with the Municipal and you can Industrial 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 fresh Plaintiff need certainly to provide verification towards the belongings officer one to the money that spent to get the fresh home and you may residence is a sole individual property or individual assets of one’s Accused and you can this is not a marriage Possessions otherwise combined 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.
Completion
Should you bought the brand new result in your own Thai Wife’s identity, and you have because of the verification at Land office of the affirm that the money is perhaps not are from your. This does not mean which you try not to claim at all.
You might problem with the Thai Loved ones Court of the proving inside the the way in which your purchased this home as you intent for action having coping with your own Thai spouse.
So, on splitting up go out you are entitle to have it 50 % of given that it section of Relationship Assets that have to be split up.
And delight let your attorneys to refer Ultimate Courtroom purchase no. to own resource Cair bride website on your circumstances whilst advantage to you.
