Right on house and you will/or domestic immediately following breakup Thai Wife
Even as we had been handled separation amount because the 2003, we always received the question that can the fresh new non-native allege the newest residential property and you may/otherwise family which he bought and you may entered they lower than Thai wife’s title whenever its separation in Thailand.
One why after they hitched with Thai Wife, they’re going to register and you may recommend the newest title deed throughout 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 paper to confirm that “the money that use for this land is not come from the foreigner husband and it does not deem since Marriage Assets”
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“…In the eventuality of question as to whether or not a house is actually Matrimony Property or perhaps not they are going to be thought are Marriage Possessions”
Perhaps the house and its own strengthening features specified the latest Defendant’s identity simply, but it’s the home your Accused gotten into the Defendant hitched on Plaintiff. Very, simple fact is that property your Accused therefore the Plaintiff keeps obtained during matrimony in accordance with the Civil and you may Commercial Password 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 must render confirmation for the property administrator you to the money one invested to get the fresh belongings and you can home is a best individual assets otherwise individual assets of one’s Accused and you can this is not a marriage Assets otherwise shared possessions. 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
In case you purchased the result in your Thai Wife’s name, along with because of the verification from the Land office by affirm that money is maybe not come from you. This doesn’t mean that you don’t allege whatsoever.
You could difficulty on the Thai Family members Judge by the proving into the the way in which you covered this home since you purpose to use it to have coping with the Thai partner.
So, for the divorce or separation time you are entitle to have it half since the it section of Matrimony Possessions that have to be divided.
And you will please allow your attorney to refer Supreme Courtroom buy zero. for source on your own circumstances whilst advantage to you.