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| law firm in Thailand |
In divorce situation our
law firm Thailand is often asked about marital assets, all qualification obtained after the initial espousal registration is counted as marital assets. This is not all cut and dry and there are exceptions to this such as in the example below. A foreign man who has married a Thai woman and has settled down here started up a company. In this company he holds forty nine percent of the shares with the other fifty one percent being held by a Thai national with no relation to him. His wife does not hold any shares, does not hold a position in the company and is not on the company registry and thus is not in any way involved. Our
law firm Thailand will discuss what will happen to the company and its assets in the case of a divorce between the two parties.
If it is just the company it will be difficult for the spouse to take anything, but if that company has any assets such as the land and house it will be a more complicated process. So you need help from
law firm Thailand. If the opposing side declares that property to be a part of the marital assets, then they are required to prove it in court. If they are able to prove this then the other party is eligible for fifty percent of the property. In the event they cannot prove this, then as the property is the asset of a company that is a third party which is not interlacing in the divorce procedure and as such cannot be found as a marital asset. Normally when you purchase the land and house you will take residence there, because of this it will be easy to prove that the property is used by both parties and is a marital asset.
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| Law Firm Thailand |
Quite often when taking up residence the spouses name will be listed on the house certificate that shows the owner of the house, this proves that she is living or has lived in that property. If you have used the companies name as the owner of the property and it is listed in the blue house certificate book then you can still protect yourself from losing in the case of a divorce. Another factor to account for is witness testimonies by neighbors if any that can also proof which the property is a marital asset and not a place of business. In final if you have put the property in your company’s name it will seem that you have tried to avoid the
law as you cannot own land
in Thailand, you will still be able to fight the case but it will be more difficult. This is our
law firm Thailand advice.
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| Law Firm Thaialnd |
Lawyer comment: In the facts of the case it is not difficult to prove what belongs to whom and whose name it is under, I understand that the name of the asset is under the name of the company. Most would think that the company is similar to the juristic person and it does not concern in any way to the spouse but actually it does and it is difficult to run away from that fact. If you want to win the case one way of do this is by having the Thai shareholder that you use in the company come to fight the case for their portion of the company. If you do this then the spouse will not have the chance to obtain those assets, though you have to be very careful not to commit perjury in front of the judge and the court as it is a serious offense and you should never lie. Before you try to hide or protect anything you should always make sure that it is very difficult to prove and it is reasonable to be true to the words that you declare in court, when the facts come to light you will have to take responsibility for any actions. There is a proverb in the legal world that starts “ Always go to court with free hands” the meaning of this is that you have to tell the truth and prove you side by bringing witness and basing your argument on fact. The judge will always be the one who considers the law and applies it to your case and as such will always try to be fair in the eyes of the law. If you have your any questions regarding
law in Thailand please contact our
law firm Thailand.
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