What is actually your right to allege the new house and/or household immediately following divorce case Thai Partner?

Right on belongings and you may/or household shortly after separation Thai Wife

As we were handled divorce proceedings matter given that 2003, i usually gotten practical question which can the newest non-native allege the new homes and you may/or family which he purchased and joined it under Thai wife’s name when its divorce or separation in Thailand.

That as to the reasons after they married that have Thai Partner, they will certainly check in and you will recommend the latest title-deed on the Thai Wife’s identity.

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 Relationships Assets”

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“…In the eventuality of doubt as to if a home try Relationships Assets or perhaps not they is going to be believed to get Relationship Assets”

Possibly the homes and its particular building possess specified brand new Defendant’s term just, however it is the house or property the Offender gotten from inside the Defendant hitched on Plaintiff. Therefore, it is the assets the Offender additionally the Plaintiff daha fazla biМ‡lgiМ‡ iМ‡Г§iМ‡n tiklayin enjoys obtained through the matrimony according to the Municipal and you may Commercial Password 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, the brand new Plaintiff need certainly to bring confirmation to the house manager one the bucks you to spent to purchase the brand new homes and home is a sole personal property otherwise personal property of your own Accused and you will this is simply not a wedding Property 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.

Conclusion

Should you bought the newest end in their Thai Wife’s identity, along with considering the verification from the Land office of the affirm the money is maybe not come from your. This does not mean that you dont claim anyway.

You might challenge on the Thai Relatives Courtroom from the indicating when you look at the the way that your paid for that it domestic because you purpose to use it for coping with your own Thai wife.

So, into separation and divorce big date you are entitle to get it 50 % of because the it element of Marriage Property that need to be divided.

And you can excite let your lawyer to refer Best Court acquisition no. having source in your situation because advantage to your.