Right on homes and you can/or family immediately following divorce or separation Thai Spouse

Once we was managed separation number because 2003, we constantly received the question which can this new non-native allege the latest belongings and you can/otherwise home he bought and entered they under Thai wife’s title whenever its splitting up within the Thailand.

You to definitely why when they partnered with Thai Spouse, might check in and promote the new title-deed regarding the Thai Wife’s title.

And on the time of the transfer registration, the Land Office will asked the foreigner husband signed one page of en iyi Vietnam tanД±Еџma sitesi paper to confirm that “the money that use for this land is not come from the foreigner husband and it will not consider once the Marriage Assets”

We and additionally recommend one to understand information about this new divorce case from here to learn exactly how our bodies was: Divorce from inside the Thailand

“…If there is doubt on if or not a property is actually Matrimony Property or not they can be thought getting Marriage Assets”

Probably the land and its building has specified brand new Defendant’s title only, but it’s the house or property your Offender obtained in the Accused married towards Plaintiff. Very, this is the assets that the Accused while the Plaintiff possess acquired throughout the marriage according to the Civil and Commercial Password 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 certainly to give confirmation to the house administrator one to the bucks you to definitely invested to get the latest house and you can residence is a just private possessions or private property of your own Accused and you will this isn’t a marriage Possessions or shared 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.

Achievement

In case you purchased the newest result in their Thai Wife’s term, and you’ve got given the confirmation at Land office of the affirm that the money is not come from you. This does not mean that you don’t allege anyway.

You can issue on the Thai Family Judge by demonstrating inside the the way that your covered this home because you intent to use it having living with your own Thai wife.

So, on the divorce proceedings time you are entitle to get it half of because they part of Matrimony Property that need to be separated.

And you can excite allow your attorneys to mention Finest Judge buy no. to possess resource in your situation whilst advantage to you.