Close to residential property and you may/otherwise household once divorce Thai Partner
Even as we was basically addressed divorce case matter since the 2003, we always acquired practical question that the latest non-native claim the latest home and you may/otherwise household which he ordered and you will entered they significantly less than Thai wife’s identity whenever their split up inside Thailand.
That why when they married which have Thai Partner, they will certainly sign in and you can recommend new title-deed about 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 consider given that Relationships Property”
I and recommend one to realize information about the brand new divorce process from this point knowing exactly how our bodies is: Divorce inside Thailand
“…In the eventuality of doubt on whether a property is Relationship Property or otherwise not they will be presumed become Matrimony Possessions”
Perhaps the property and its building has actually specified the fresh new Defendant’s name simply, but it is the property your Offender gotten inside the Offender partnered towards Plaintiff. Very, it’s the property that the Accused and Plaintiff provides acquired while in the relationships according to the Civil and you will Industrial Password Section 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, new Plaintiff need certainly to give confirmation for the property administrator you to definitely the cash you to definitely spent to find this new belongings and you will residence is a just personal possessions or personal assets of your own Accused and this isn’t a married relationship Property 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.
Conclusion
If you bought the latest result in the Thai Wife’s identity, and you’ve got because of the verification from the Land office of the affirm your cash is maybe not are from your. This does not mean which you usually do not claim whatsoever.
You might challenge for the Thai Family relations Court by showing for the the way that your purchased that it domestic since you intention to use it getting managing the Thai partner.
Thus, toward divorce big date you’re entitle to have it half while the Salvadorian kvinne they part of Matrimony Property that have to be separated.
And excite allow your attorneys to mention Supreme Legal buy no. for resource on the case because it benefit to your.