What is actually your straight to allege the fresh new home and you can/or house once separation and divorce Thai Spouse?
Directly on home and/or family shortly after divorce case Thai Wife
While we had been treated divorce case count since 2003, we constantly acquired issue which can brand new non-native claim the newest house and you will/or house which he purchased and you may inserted it not as much as Thai wife’s name when their divorce or separation inside the Thailand.
That as to why when they married which have Thai Wife, might register and you can endorse this new title deed from the 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 deem due to the fact Relationship Assets”
I also highly recommend you to discover details about the newest divorce process from this point to know how our system is actually: Separation and divorce during the Thailand
“…In case there are question about if a property try Wedding Property or not they is going to be assumed getting Wedding Assets”
Perhaps the house and its building provides specified the Defendant’s title just, however it is the property the Accused acquired when you look at the Offender hitched to the Plaintiff. Thus, it’s the assets the Accused and the Plaintiff possess received through the relationships according to the Municipal and you can 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 https://kissbrides.com/macedonia-women/marino/, 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 Plaintiff must offer confirmation to the belongings officer one the bucks one invested to buy the latest property and you will residence is a sole personal property or private possessions of the Defendant and you may this isn’t a wedding Assets or shared 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
Should you purchased new result in the Thai Wife’s label, along with because of the verification at Land-office from the affirm that cash is not are from your. This doesn’t mean which you do not allege anyway.
You could potentially problem to the Thai Household members Courtroom by appearing from inside the the way in which you paid for so it domestic because you intent to use it for living with your Thai wife.
Very, into the split up date you’re entitle to get it 1 / 2 of due to the fact it element of Wedding Property that have to be separated.
And please allow your attorneys to refer Ultimate Courtroom buy no. to have reference on your situation as it advantage to your.