What exactly is the right to claim the newest residential property and you will/or domestic shortly after split up Thai Spouse?

What exactly is the right to claim the newest residential property and you will/or domestic shortly after split up Thai Spouse?

Directly on homes and you can/otherwise domestic immediately after divorce Thai Spouse

Once we were treated breakup number because 2003, i constantly gotten issue that can the fresh new foreigner allege the new residential property and you will/otherwise family which he purchased and you will registered it under Thai wife’s label when their breakup into the Thailand.

You to definitely why when they hitched having Thai Partner, they are going to check in and you may promote brand new title-deed about Thai Wife’s name.

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 as the Matrimony Property”

I plus recommend you to understand details about the brand new divorce case from here to know exactly how our system try: Divorce or separation for the Thailand

“…In the eventuality of question on if a house are Wedding Possessions or perhaps not it will be assumed become Relationships Property”

Probably the house and mГёte kvinner fra Kina its own strengthening features specified the Defendant’s term simply, however it is the house that the Defendant acquired into the Offender hitched on Plaintiff. Therefore, it’s the assets that the Defendant in addition to Plaintiff keeps acquired throughout wedding according to the Civil and you will Industrial 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 need to give confirmation to your home officer you to the bucks one invested to order the brand new belongings and you can house is a sole personal assets otherwise personal property of your Accused and you can that isn’t a married relationship Assets otherwise combined property. 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.

Completion

In the event you bought brand new result in the Thai Wife’s title, and you’ve got given the confirmation at the Land office from the affirm that the money is perhaps not come from you. This does not mean you do not claim anyway.

You can problem on the Thai Family members Judge by exhibiting during the the way in which you paid for which household as you intent to use it to have coping with the Thai spouse.

Thus, towards the breakup go out you’re entitle to have it half just like the they element of Matrimony Property that have to be split.

And you will excite allow your lawyer to refer Finest Court purchase zero. having reference in your case whilst advantage to your.