Directly on residential property and you may/or family after separation Thai Wife
Even as we were managed breakup number because 2003, i constantly received the question that may the brand new foreigner claim brand new house and you will/or house which he bought and inserted they not as much as Thai wife’s title whenever its split up into the Thailand.
One why once they hitched which have Thai Wife, they will sign in and promote the fresh new title deed about Thai Wife’s title.
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 because the Marriage Possessions”
I including strongly recommend one to discover information about the latest divorce process from here understand just how our system are: Divorce proceedings in the Thailand
“…In the eventuality of question on if a house is actually Wedding Assets or otherwise not they shall be thought to-be Wedding Property”
Even the land and its own building has specified the Defendant’s name simply, but it’s the house or property that the Offender gotten during the Defendant partnered on Plaintiff. Thus, simple fact is that property your Defendant additionally the Plaintiff possess acquired while in the wedding according to the Municipal and Industrial 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 new Plaintiff need certainly bride Skopje to provide verification into the property manager that the cash you to definitely invested to buy the fresh new homes and home is a sole individual assets or personal property of your Accused and you may this is simply not a married relationship Property or 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 case you purchased the new land in their Thai Wife’s term, and you’ve got considering the confirmation at Land-office because of the affirm that the cash is not come from you. It doesn’t mean which you usually do not claim anyway.
You can complications into Thai Loved ones Legal of the showing inside the the way in which you covered so it family since you purpose for action for managing your Thai spouse.
Therefore, into the separation big date you are entitle to get it half of as it element of Marriage Assets that have to be split up.
And you can delight let your lawyer to refer Supreme Courtroom buy no. to own site on the instance because it advantage to you.