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October 28, 2023What is actually the straight to allege this new belongings and you may/or house immediately following divorce Thai Spouse?
Directly on house and you can/otherwise home once splitting up Thai Partner
Once we was addressed separation and divorce matter while the 2003, we always acquired issue which can the foreigner claim the belongings and you can/or domestic that he purchased and you can entered it less than Thai wife’s identity when its breakup for the Thailand.
You to as to the reasons when they partnered having Thai Partner https://kissbrides.com/blog/mail-order-brides-statistics/, might sign in and you may recommend the latest title deed regarding 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 deem given that Relationships Possessions”
We together with recommend one see information about the fresh new divorce case from this point to know how our bodies are: Splitting up within the Thailand
“…If there is question about whether a property is actually Matrimony Assets or otherwise not it can be assumed is Matrimony Possessions”
Possibly the residential property as well as building have specified new Defendant’s title just, however it is the home that the Accused received for the Defendant partnered with the Plaintiff. Therefore, this is the assets that the Accused as well as the Plaintiff features acquired through the relationship in accordance with the Civil and 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 fresh Plaintiff have to offer verification into the belongings administrator you to the bucks one to spent to buy brand new belongings and you can residence is a best individual assets or individual property of your own Accused and you can it is not a married relationship Assets otherwise mutual 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 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
Should you bought the latest result in your Thai Wife’s label, and you have given the confirmation in the Land office by affirm your money is perhaps not are from your. It doesn’t mean you don’t claim anyway.
You could difficulties towards Thai Members of the family Court from the demonstrating within the the way in which you taken care of which household because you intention to use it having living with your own Thai spouse.
Therefore, into the separation and divorce big date you’re entitle to have it half of because it part of Wedding Possessions that have to be divided.
And you may excite let your attorneys to refer Supreme Judge buy zero. for reference in your case because it advantage to you.
