What is actually your right to allege the brand new home and/otherwise home immediately after divorce case Thai Partner?

Directly on residential property and/or household after divorce case Thai Spouse

Once we was in fact managed split up number given that 2003, i usually obtained the question which can brand new non-native claim the fresh new property and you may/or house that he purchased and you can entered they lower than Thai wife’s name whenever their separation from inside the Thailand.

You to as to why when they hitched with Thai Wife, they’ll sign in and you can recommend the brand new title deed regarding 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 will not consider as Marriage Property”

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“…In case of question as to whether or not property try Relationships Property or perhaps not it should be assumed is Relationship Assets”

Even the house and its own strengthening provides specified the brand new Defendant’s title just, however it is the home that the Offender obtained in the Defendant hitched with the Plaintiff. Therefore, it’s the possessions that Defendant and also the Plaintiff has received during relationships in accordance with the Municipal and you may 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 latest Plaintiff must give confirmation towards residential property officer one the cash you to definitely invested to shop for brand new house and residence is a sole individual property or personal possessions of Offender and this isn’t a married relationship Assets otherwise shared 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.

End

Should you bought the latest result in your own Thai Wife’s label, and you have given the verification in the Land-office by the affirm that cash is maybe not are from you. This does not mean that you do not allege anyway.

You might difficulties into Thai Loved ones Legal by the demonstrating in the way your paid for so it household because you intention for action to possess living with the Thai spouse.

Thus, to the separation and divorce time you’re entitle to get it 50 % of because the it section of Matrimony Assets that have to be separated.

And you can excite let your attorney to mention Finest Judge order no. getting source on your situation because advantage to your.