Close to homes and you can/or house once separation and divorce Thai Wife
Even as we had been addressed breakup count while the 2003, we usually received practical question which can the newest foreigner claim the latest homes and you can/otherwise house that he ordered and entered they around Thai wife’s identity when their divorce case in the Thailand.
You to as to why after they partnered that have Thai Spouse, they will certainly sign in and you may recommend this new title-deed throughout 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 Marriage Assets”
I and recommend that discover information regarding the latest divorce process from this point to learn just how our bodies is: Splitting up into the Thailand
“…In case there is question regarding whether a property try Relationships Possessions or not it can be assumed as Wedding Possessions”
Probably the land as well as building provides given new Defendant’s term just, but it is the house that the Offender acquired in the Offender hitched towards the Plaintiff. So, it is the assets your Defendant plus the Plaintiff possess acquired through the matrimony according to the Civil and you will Commercial Code Section 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 Plaintiff need provide verification toward residential property officer you to definitely the cash you to definitely spent to find the new belongings and house is an only personal assets or private possessions of one’s Offender and you will this is simply not a married relationship Property otherwise mutual 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.
Completion
In the event you bought new result in your Thai Wife’s label, and you have given the verification on Land-office by the affirm the money is perhaps not are from you. This does not mean that you don’t allege at all.
You can problem towards Thai Household members Judge by the showing inside the way in which you covered this domestic because you purpose to use it to possess coping with your Thai spouse.
Thus, toward split up date you are entitle to get it 1 / 2 of because it element of Relationship Property that have to https://lovingwomen.org/no/blog/asiatiske-chatterom/ be divided.
And you will excite let your attorney to mention Ultimate Legal purchase no. for reference in your instance because it benefit to your.