Close to residential property and you can/otherwise household immediately following divorce Thai Spouse
Once we had been treated breakup number because the 2003, we constantly obtained issue which can this new foreigner allege new house and/or home he purchased and you will entered it below Thai wife’s title whenever its divorce case in Thailand.
That as to the reasons once they married having Thai Wife, they’re going to register and you may recommend the newest title deed about Thai Wife’s label.
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 consider as the Wedding Assets”
I and highly recommend you to definitely read information regarding the divorce case from here knowing just how our system was: Separation and divorce for the Thailand
“…If there is question regarding if or not a property are Marriage Assets or otherwise not they shall be assumed become Relationship Assets”
Probably the residential property as well as strengthening provides specified the Defendant’s label only, but it’s the house or property your Defendant received inside the Defendant hitched towards the Plaintiff. Therefore, simple fact is that assets that Accused in addition to Plaintiff enjoys gotten neden Д°spanyolca kadД±nlar Г§ok gГјzel during the relationship in accordance with the Civil and you will Commercial Password Part 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 must bring verification to the property administrator you to the money one to invested to invest in this new belongings and you can house is an only personal assets or personal assets of Defendant and you will it is not a married relationship Assets 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.
Achievement
In the event you bought the fresh new end in the Thai Wife’s term, along with given the verification at the Land office by affirm that the cash is maybe not come from your. This doesn’t mean that you don’t allege at all.
You could potentially difficulty into Thai Family Legal because of the indicating from inside the the way your taken care of that it household since you intention for action having coping with your own Thai wife.
Very, to the separation date you’re entitle to have it half of due to the fact they part of Relationship Possessions that need to be divided.
And you can delight allow your lawyer to mention Supreme Judge buy no. to possess resource on your situation because benefit to you.
