What’s your own directly to allege the new belongings and you can/or household after separation and divorce Thai Wife?

What’s your own directly to allege the new belongings and you can/or household after separation and divorce Thai Wife?

Directly on home and/otherwise household shortly after separation and divorce Thai Spouse

As we was indeed treated split up count once the 2003, we constantly acquired the question that may the foreigner allege the latest home and you can/otherwise household that he ordered and joined they significantly less than Thai wife’s term when the separation and divorce in Thailand.

That why when they married having Thai Spouse, they are going to register and endorse the brand new title deed on Thai Wife’s name.

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 deem due to the fact Matrimony Possessions”

I also recommend one understand information on the newest divorce process from here to understand exactly how our bodies is: Divorce or separation in the Thailand

“…In case of question about whether or not a home try Marriage Property or perhaps not they will likely be believed as Matrimony Assets”

Even the land and its building keeps given the fresh new Defendant’s title only, but it is the house the Accused gotten in the Accused married toward Plaintiff. Very, this is the assets the Defendant and also the Plaintiff features gotten while in the relationship according to the Municipal and you can 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 render confirmation on home officer that the bucks that invested to purchase new residential property and you may residence is a best personal property or private possessions of one’s Defendant and this isn’t a marriage Possessions or mutual assets. Otherwise, the vakre Tysk kvinner 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.

Conclusion

Should you ordered the latest end up in your Thai Wife’s name, along with because of the verification in the Land-office by affirm that money is maybe not come from your. This doesn’t mean which you cannot claim at all.

You could complications with the Thai Family unit members Court from the proving from inside the the way your covered that it domestic as you purpose to use it having coping with your Thai spouse.

So, toward divorce proceedings time you’re entitle to have it 50 % of due to the fact they part of Marriage Assets that have to be separated.

And you can please let your lawyer to refer Best Courtroom acquisition no. to own resource in your instance as it advantage to you.

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