Close to belongings and/or family just after separation Thai Partner
While we were addressed separation number due to the fact 2003, i constantly received issue that can new non-native claim the latest land and you may/otherwise domestic he ordered and you may inserted it under Thai wife’s label when its divorce inside the Thailand.
You to definitely why when they hitched which have Thai Partner, they’re going to sign in and you may promote the title deed throughout the 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 once the Marriage Possessions”
We together with suggest one to read details about the new divorce case from this point to learn exactly how our system is: Divorce case for the Thailand
“…In case there is question on whether or not a home was Matrimony Property or perhaps not it can be believed to get Marriage Assets”
Possibly the house as well as building provides given this new Defendant’s name simply, but it is the home that the Offender acquired into the Offender partnered toward Plaintiff. Therefore, it is the assets your Offender together with Plaintiff keeps acquired during the relationship according to the Municipal and you may Commercial Password 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, this new Plaintiff must promote confirmation with the land officer one to the cash you to invested purchasing the fresh new homes and you can home is a best personal property or private possessions of your own Defendant and you may this is simply not a married relationship Possessions 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 https://lovingwomen.org/tr/blog/evlenecek-en-iyi-ulkeler/ 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 result in their Thai Wife’s title, and you have because of the verification on Land-office by affirm that the cash is not are from your. This does not mean which you never claim at all.
You could potentially difficulties into Thai Relatives Courtroom by the appearing when you look at the the way you taken care of which household because you purpose to use it to possess living with their Thai spouse.
Thus, to the separation and divorce date you’re entitle to have it half of because the it element of Relationships Assets that have to be split.
And delight let your lawyer to mention Ultimate Courtroom acquisition zero. for reference in your circumstances because it benefit to your.