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26
Oct2023

What is actually your own right to claim the brand new home and you may/otherwise house after splitting up Thai Partner?

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Directly on belongings and you can/or home after divorce Thai Wife

Once we have been handled divorce or separation count since 2003, i always received the question that will the brand new foreigner claim the land and you can/or domestic that he bought and you may inserted it lower than Thai wife’s name whenever its separation and divorce into the Thailand.

One why once they married having Thai Partner, they’ll check in and you will recommend the brand new title-deed throughout the Thai Wife’s term.

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 doesn’t consider while the Marriage Property”

I and additionally recommend you to discover information on this new divorce process from this point to understand how our bodies was: Splitting up in the Thailand

“…In the eventuality of doubt on if or not a property is actually Relationship Possessions or otherwise not it would be thought to-be Matrimony Possessions”

Even the land and its own strengthening has actually given the fresh new Defendant’s term merely, but it is the home that Defendant obtained during the Offender married with the Plaintiff. Very, this is the property that the Accused plus the Plaintiff has actually received during the relationship according to the Civil and you may Industrial 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, brand new Plaintiff have to promote verification to the property administrator one the cash one spent to invest in the newest homes and you can home is a sole private assets otherwise individual property of the Defendant and this is not a wedding Possessions or 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.

Achievement

Should you purchased the newest result in their Thai Wife’s name, and you’ve got because of the confirmation within Land-office from the affirm your money is perhaps not come from your. It doesn’t mean you you should never allege anyway.

You can challenge with the Thai Friends Courtroom of the appearing during the the way that your paid for which home since you purpose to use it for managing your Thai partner.

Very, toward divorce case date you’re entitle to have it 50 % of because they section of Relationships Possessions that need to be divided.

And you can excite let your lawyer to mention Supreme Courtroom en gГјzel Д°talyanca kadД±nlar bakД±yor acquisition zero. having site on your circumstances because advantage to your.

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