Close to residential property and you will/or home shortly after divorce case Thai Spouse
As we had been treated divorce case count just like the 2003, i usually obtained issue that will the non-native claim the fresh home and you can/otherwise household which he purchased and joined it below Thai wife’s term when their divorce in Thailand.
One to as to why after they married having Thai Wife, they register and you may endorse brand new title deed about Thai Wife’s term.
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 the Marriage Property”
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“…In the event of doubt on if a property are Relationship Assets or perhaps not they is assumed to-be Marriage Property”
Probably the belongings as well as building has given the latest Defendant’s label just, but it’s the house that the Defendant acquired in Offender hitched toward Plaintiff. Therefore, it is the assets that the Defendant therefore the Plaintiff keeps gotten during marriage according to the Civil and you may 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 give confirmation towards property manager that the money you to invested to acquire the new house and you can home is a just individual property otherwise personal property of your own Offender and you can that isn’t a wedding Property otherwise joint 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.
Conclusion
In the event you bought the brand new end in the Thai Wife’s title, and you have given the confirmation from the Land-office because of the affirm your money is not lovingwomen.org Jeg tenkte pГҐ dette are from your. It doesn’t mean you don’t claim after all.
You could potentially problem to the Thai Relatives Courtroom by showing within the the way that you paid for so it domestic because you purpose for action to possess managing your Thai partner.
Therefore, toward separation go out you are entitle to have it half because they part of Wedding Possessions that have to be separated.
And you will delight let your attorney to mention Best Legal acquisition no. to possess resource in your instance as it benefit to you.