Close to home and you can/otherwise house just after separation and divorce Thai Spouse
Once we was in fact addressed separation and divorce count because 2003, we always acquired practical question which can this new non-native claim the new home and you will/otherwise domestic he purchased and registered they under Thai wife’s label whenever their divorce inside the Thailand.
That why when they hitched with Thai Spouse, might register and endorse the title deed regarding the 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 cannot consider since the Relationships Assets”
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“…In case there are doubt on if a house was Wedding Property or perhaps not they are thought is Matrimony Possessions”
Even the belongings and its particular building features given the Defendant’s title just, but it’s the property that the Offender obtained within the Offender hitched for the Plaintiff. So, it will be the property the Offender while the Plaintiff have obtained throughout the marriage according to the Civil and you will Industrial Code Area 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 offer verification toward homes officer you to definitely the money that spent to order new home and you may home is an only personal property otherwise personal assets of the Defendant and you may this is not a married relationship Possessions or joint 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 https://lovingwomen.org/tr/blog/kosta-rika-tanisma-siteleri/ 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
In the event you purchased the fresh new land in your own Thai Wife’s label, and you’ve got because of the confirmation in the Land-office by affirm the cash is perhaps not come from you. This doesn’t mean that you usually do not allege at all.
You could difficulty for the Thai Nearest and dearest Judge by proving within the the way you purchased this household because you intention for action to own managing the Thai spouse.
Very, towards the split up time you’re entitle to have it half as it element of Marriage Possessions that need to be divided.
And you will excite allow your lawyer to mention Supreme Court order no. to own resource in your situation because it benefit to you.