Close to residential property and you can/otherwise domestic after breakup Thai Spouse
While we was addressed divorce case number since the 2003, i constantly gotten practical question that may the fresh new foreigner claim this new property and/or house that he bought and you will registered they not as much as Thai wife’s identity whenever the divorce or separation when you look at the Thailand.
One to why after they partnered that have https://lovingwomen.org/no/varme-og-sexy-latina-kvinner/ Thai Partner, they sign in and endorse the latest title deed in 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 does not consider as the Marriage Assets”
I as well as strongly recommend you to definitely read details about this new divorce process from this point to know exactly how our system is: Separation and divorce for the Thailand
“…If there is question concerning whether a property is Matrimony Property or not they are going to be thought to be Marriage Possessions”
Probably the homes and its strengthening enjoys given this new Defendant’s term simply, but it’s the home that the Accused gotten inside Offender hitched on the Plaintiff. Very, this is the property that Defendant plus the Plaintiff provides acquired while in the relationship according to the Municipal and Industrial Password Point 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 have to bring verification into land administrator one to the bucks that spent to purchase the newest belongings and home is an only personal property or personal assets of your Defendant and you may it is not a marriage Possessions otherwise mutual possessions. 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
In the event you ordered the result in their Thai Wife’s name, and you’ve got considering the confirmation on Land-office by affirm that the money is perhaps not are from your. It doesn’t mean which you dont allege at all.
You could potentially issue towards the Thai Loved ones Legal of the demonstrating during the the way your paid for it family since you intent to use it to have living with the Thai partner.
Very, into the breakup day you’re entitle to get it half given that they part of Marriage Assets that have to be divided.
And you may please allow your lawyer to refer Supreme Courtroom purchase no. getting site on the situation since it advantage to you.
