Directly on property and you can/or family once divorce or separation Thai Partner
While we was in fact handled divorce or separation number as the 2003, i always received the question that will the newest non-native claim the latest property and you will/otherwise home that he bought and you will joined they around Thai wife’s label when its separation and divorce from inside the Thailand.
One why once they married having Thai Wife, might check in and you will endorse the newest title-deed from 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 consider since Relationships Property”
I and additionally suggest you to read information regarding the latest divorce case from here knowing exactly how our bodies try: Splitting up within the Thailand
“…In the eventuality of question about if property was Marriage Possessions or not it should be believed to-be Wedding Property”
Perhaps the property and its particular building features specified the new Defendant’s label only, but it’s the property the Defendant acquired in Accused partnered toward Plaintiff. So, it’s the assets that Offender and the Plaintiff possess received during wedding according to the Civil and you may Industrial Code Point 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, this new Plaintiff need bring confirmation toward property manager one to the bucks you to invested to get the latest home and you may home is an only personal property or individual property of your Accused and this isn’t a marriage Property otherwise combined 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.
Achievement
If you purchased the end in the Thai Wife’s title, along with given the confirmation within Land-office by affirm the money is perhaps not are from your. It doesn’t mean that you never claim after all.
You can issue towards Thai Family https://lovingwomen.org/tr/panama-kadinlari/ unit members Court from the indicating when you look at the the way you taken care of that it household since you purpose to use it to own managing your own Thai partner.
Therefore, with the divorce or separation go out you are entitle to have it 1 / 2 of given that they part of Matrimony Assets that have to be split up.
And you can please allow your attorneys to mention Supreme Courtroom order no. to possess reference in your case since it benefit to you.