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What is actually the right to claim this new residential property and/or family immediately following breakup Thai Spouse?
What is actually the right to claim this new residential property and/or family immediately following breakup Thai Spouse?

Right on house and you may/or family immediately after divorce case Thai Wife

Even as we have been handled separation and divorce amount due to the fact 2003, i constantly acquired issue that this new foreigner claim the newest property and/or domestic which he ordered and you will inserted they under Thai wife's name whenever their splitting up into the Thailand.

You to definitely why once they partnered which have Thai Partner, they will register and you may endorse the fresh new title-deed on Thai Wife's label.

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 given that Matrimony Assets”

I in addition to highly recommend one to discover information on the brand new divorce process from this point knowing exactly how our bodies was: Divorce into the Thailand

“...In case there is doubt as to if a house was Relationships Assets or otherwise not they shall be assumed are Marriage Possessions”

Probably the home as well as building have specified the brand new Defendant's name simply, however it is the home that Defendant obtained into the Accused hitched towards the Plaintiff. Thus, it is the property that Accused in addition to Plaintiff features acquired through the relationship according to the Civil and you may Commercial Code 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 need offer confirmation with the home administrator you to definitely the money one spent to shop for the fresh property and you may house is a best personal possessions otherwise individual assets of your Defendant and it is not a wedding Property or joint 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 dating app for ГҐ finne koreansk 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.

End

In case you ordered this new end up in the Thai Wife's identity, and you've got because of the confirmation from the Land office from the affirm that money is not are from you. This does not mean you dont claim after all.

You could difficulty into the Thai Nearest and dearest Legal by showing from inside the the way you taken care of it family because you purpose to use it getting living with the Thai spouse.

Thus, to the splitting up time you are entitle to have it 50 % of due to the fact it element of Relationship Property that need to be separated.

And delight let your attorneys to mention Supreme Court purchase zero. having source in your situation whilst advantage to you.

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