Directly on home and you will/otherwise domestic immediately following divorce Thai Partner
Once we had been handled divorce case count since the 2003, i always gotten practical question that may the latest non-native allege the brand new residential property and/or home he bought and you will entered it under Thai wife’s label when its divorce beste legitime franske datingsider or separation inside Thailand.
That as to why after they hitched with Thai Wife, they are going to sign in and promote the title deed throughout the Thai Wife’s identity.
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 does not consider because the Matrimony Assets”
We also suggest one to comprehend information regarding the new divorce process from this point to learn just how our bodies is: Divorce or separation when you look at the Thailand
“…In the eventuality of doubt regarding whether or not a property is actually Wedding Property or not they can be believed is Matrimony Assets”
Possibly the home and its particular strengthening has specified the brand new Defendant’s identity simply, however it is the house your Defendant received inside Offender partnered into the Plaintiff. Thus, it is the assets that the Accused therefore the Plaintiff keeps received throughout the wedding according to the Municipal and Commercial Code 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 latest Plaintiff need to promote verification towards house manager you to definitely the money you to spent to find the new land and residence is a best individual possessions or personal property of one’s Defendant and you can this is not a marriage Possessions otherwise combined 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.
If you ordered the fresh end up in your Thai Wife’s label, along with given the confirmation within Land-office of the affirm that money is maybe not come from your. This doesn’t mean that you never claim whatsoever.
You can complications on Thai Relatives Court from the showing in the way that your purchased this domestic since you purpose to use it having managing your own Thai partner.
Therefore, to your splitting up day you are entitle to have it half of due to the fact it part of Relationship Possessions that have to be separated.
And you may please allow your lawyer to refer Best Legal purchase zero. getting resource on your own situation whilst advantage to your.