Deling Norsk og Thai ved skillsmisse

 

http://vgd.no/samfunn/jus/tema/1489160/tittel/deling-ved-skilsmisse-mellom-norsk-og-thai

Person spør om ting som også er aktuelt for andre Nordmenn gift med Thai.

Hei! Jeg sitter i en sak som ingen ende vil ta. Jeg er lei av å bli pålesset disse personenes sorger så....Please...
 Er det noen her inne som har peil på deling ved ekteskap mellom en norsk og en utenlandsk statsborger?
Kan f. eks. en norsk mann gift med en thailandsk kvinne kreve 50/50 deling eller særeie på eiendommer i Thailand, av den grunn at han har vært hoved yter økonomisk, selv om de ikke har skrevet noen ektepakt?
  Det er hennes navn på alle papirer fordi han ikke kan eie noe i thailand, men kan han kreve at eiendommene blir solgt for så å få sine penger tilbake.


Svar Fra Thai Bloggen:

Ofte spiller den Thailandske partneren på uvitenhet her, dette må man være klar over.

Thailandsk lov er svært lik vår lov på dette.

Forskjell er at du som utelandsk borger ikke kan eie land i Thailand (Jord)

Har man bygget et hus på feks på eiendommen som kona kommer fra. Da revet det eldre huset som var før hun giftet seg med deg. Og du har oppført en ny og moderne bolig på eiendommen.

Så er dette egentlig bare å glemme.(Se reglene her)

http://www.thailand-lawyer.com/land_purchase.html



Men for å kunne vite det du trenger bør du ta en advokat i Thailand.

Jeg legger ut annonsen som jeg fant i Thailand Tidene.

Men hvis man har kjøpt seg inn i ei leilighet (Condo) har man som utlenlandsk borger en sterkere sak.

Videre kan man også eie kjøretøy i Thailand, bil,moped osv.

Sjekk reglene for skillsmisse i Thailand.

http://www.siam-legal.com/legal_services/thailand-divorce.php

NB ! Man må være klar over en ting ved skillsmisse med Thai.

Og dette er at om du skiller deg i Norge, å er du ikke skilt i Thailand.

Du må skille deg i Thailand også eller få oversettet skillsmissen fra Norsk til Thai. Deretter kontakter du advokat i Thailand som gjennomfører resten av papirene i Thailand.

Marital Property in Thailand

 Kilde: http://www.siam-legal.com/legal_services/Marital-Property-for-Thailand-Divorce.php

It is always a relief if both parties can easily agree on who-gets-what.  However, this is not always the case.  Almost always, there will be issues on how marital property shall be split between the spouses after the divorce is granted. Under Thai Law, properties during divorce may fall into two categories; Sin Suan Tua as separate property & Sin Somros as marital property.

Property Types in Thailand

These are the property types in Thailand when it comes to marital property. Thai courts view these two property types when you are getting divorced in Thailand. Speak to our lawyers online or in person if you are not certain about which property belongs in each.

Sin Suan Tua - considered as separate property to a marriage are the following:

• Property belonging to either spouse before marriage;
• Property for personal use, clothes or ornaments;
• Property acquired by either spouse during marriage by will or gift;
• Khongman (dowry).

Sin Somros – considered as marital property are as follow:

• Property acquired during marriage;
• Property acquired by either spouse during marriage through a will or gift;
• Fruits of the Sin Suan Tua (fruits of the separate property);

In case of doubt as to whether a property is Sin Somros or not, it shall be presumed to be Sin Somros.

Sin somros is commonly the subject of marital property division in divorces. But sometimes, even Sin Suan Tua becomes the topic of argument.  A 50-50 division of the Sin Somros is the most reasonable arrangement.  If the couples investments during marriage include money or company shares, sharing becomes less difficult.  However, houses and vehicles are the usual investments of couples during their marriage, and these cannot be physically split in half without altering or losing the use and value of the property.  A compromise on who among the parties will enjoy the property has to be met in order for them to arrive at a divorce agreement.  They may also opt to sell all the marital property and share the proceeds of the sale. 

If you entered into a Thailand prenuptial agreement, make sure your Thai lawyer will take into consideration the provisions on property division therein specified
http://www.thailawforum.com/marriage-divorce-thailand.html

 2.4 Thai Spouse: According to Thai real estate law, a Thai spouse of a foreigner may be allowed to buy land or property in Thailand in his or her own name.

However the married couple may be asked to sign declarations at the Land Department to state that the funds used are the separate property of the Thai spouse.
This may have the effect of waiving any claim on the land or property by the non-Thai spouse. This may become problematic in a divorce case as it may be difficult for the non-Thai spouse to prove that the land was marital property.

In this case, a skillfully drafted Thailand prenuptial agreement may come in handy to minimize the risk to the non-Thai spouse.

Videre les her.

http://www.chaninatandleeds.com/guide/landpurchase.html

Can a foreigner buy land or purchase property in Thailand?
 

Thai law, in general, prohibits non-Thai citizens from buying land or purchasing property in Thailand. However, there are various exceptions to the law, as well as methods for foreigners who want to buy land or purchase property to acquire rights to land and property in Thailand legally. 

  

What are the options available for buying land or property in Thailand?

For a foreigner wishing to buy land or purchase property in Thailand, there are mainly four options worth exploring. 

These include using investment, leasing, owning a company and marrying a Thai spouse.

Investing/BOI: With significant investment of funds, foreigners may be allowed to own a limited amount of land under Thai property law. Some foreign companies seek and obtain the approval of the Board of Investment (BOI) to purchase land for a limited period. This option, however, is not available to the vast majority of non-Thai nationals seeking to obtain a second home, retirement home or investment in Thailand because of the legal restrictions involved. As a result, other options must be examined.

Leasing: Thai property law allows a foreigner to lease land for a maximum of 30 years, with lease renewal options of 30 years. Many foreigners choose this method to secure land or property ownership. In comparison to setting up a company, land leasing is easier and requires less maintenance. (More information on land leasing in Thailand can be found here)

Owning a company: A foreigner may use a Thailand-registered company to obtain property rights or land interest in Thailand. This "Thai" company must be at least 51% owned by Thai shareholders, while the remaining 49% or less may be held by foreigners. (Some law firms are still using the old law and recommending 39% foreign ownership.)

Marrying a Thai spouse: A recent revision of Thai law has provided the opportunity for a Thai with a foreign spouse to buy land or property in Thailand. Prior to registering the land parcel at the Land Department, the couple may be asked to sign declarations, declaring that the funds for the property came solely from the Thai spouse. 

This may, in effect, result in the non-Thai spouse waiving his/her rights on the land or property. Such declarations may become problematic in a divorce case as the non-Thai spouse may have difficulties proving that the land was marital property. To prepare for such an event, a skillfully-drafted prenuptial agreement may be useful.

Condo

What condo units are foreign nationals permitted by Thailand land law to purchase? 

In general, according to Thai real estate law and the regulations that govern condominium law, non-Thai nationals may purchase condo units in condo buildings throughout Thailand, as long as their purchase would not cause the foreign ownership ratio of combined units in the building to exceed 49% of the total floor area. 

Certain condo buildings in the Greater Bangkok Metropolitan Area may not be subject to the 49% foreign ownership ratio restriction.

What are the requirements for a foreign individual to purchase a condo unit in a building in which foreign purchases are permitted?

The condominium law of Thailand specifies that foreigners who do not have a Thailand residence permit must show proof that the funds for purchase of the condominium were brought from outside of Thailand. Non-Thais who have legal residence permits are not required to show evidence of funds coming from abroad for the condominium purchase.

What is the most typical way for a foreigner to purchase a condominium in Thailand?

Most foreigners purchase a condominium by showing evidence of an incoming remittance of foreign currency into their bank account from abroad. This is typically demonstrated by requesting the issuance of a certifying document from the receiving bank in Thailand.

Can foreigners inherit ownership of a condo?

Property ownership of a condo may be inherited by either Thai or non-Thai descendents under normal circumstances. However, consultation with a licensed Thai lawyer is recommended for estate planning. 

Are condominium long-term leases available?

Yes. Pursuant to the Thailand Land Law, condominiums may be leased to foreigners for periods of up to 30 years and may have options to renew. Leases of greater than 3 years are required to be registered with the Land Department. 

Why is it important to have a qualified Thailand real estate lawyer supervise your condo purchase transaction?

Thailand laws regulating real estate transactions do not provide as many inherent consumer protections as those in most western jurisdictions.  For example, in Thailand, real estate agents are not licensed and title insurance is not commonly used.  Thailand is very much a "Buyer Beware" jurisdiction.