Right on land and/or house after divorce Thai Wife
As we have been handled divorce matter since 2003, we always received the question that can the foreigner claim the land and/or house that he bought and registered it under Thai wife’s name when their divorce in Thailand.
Why they always concern on this matter?
Because the foreigner cannot registered and/own the land in their name.
That why when they married with Thai Wife, they will register and endorse the title deed in 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 will not deem as the Marriage Property”
Here is how it look like: Confirmation Letter
So, it make them doubt on divorce time that are they still entitle to claim it as Marriage Property.
We also suggest you to read information on the divorce process from here to understand how our system is: Divorce in Thailand
And here is the answer from legal perspective and Supreme Court judgment.
Section 1474: Marriage Property (Sin Somros) consists of
(1) Property acquired during marriage….”
“…In case of doubt as to whether a property is Marriage Property or not it shall be presumed to be Marriage Property”
And here is the Supreme Court order no. 7533/2560 has answer on this question.
Even the land and its building has specified the Defendant’s name only, but it is the property that the Defendant acquired during the Defendant married with the Plaintiff. So, it is the property that the Defendant and the Plaintiff has acquired during marriage in accordance with the Civil and Commercial Code 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, the Plaintiff need to give confirmation to the land officer that the money that spent to buy the land and house is a sole individual property or personal property of the Defendant and it is not a Marriage Property or joint 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.
We also have Thai version as photo below that you can easily ask someone for reference.
In case you bought the land in your Thai Wife’s name, and you have given the confirmation at Land Office by affirm that the money is not come from you. It doesn’t mean that you cannot claim at all.
You can challenge to the Thai Family Court by proving in the way that you paid for this house because you intent to use it for living with your Thai wife.
So, on divorce time you are entitle to get it half as it part of Marriage Property that need to be divided.
And please let your lawyer to mention Supreme Court order no. 7533/2560 for reference on your case as it advantage to you.
And if you have other question, we are open to talk and/or consult.