Legal and Tax Updates

Legal Update: Reformation of the Formula for Registering Immovable Property as a Spouse’s Separate Property

Issue: No.009 /22 – 21 June 2022

On 06 June 2022, the Ministry of Land Management, Urban Planning and Construction (the “Ministry”) has issued a Letter No. 1391 DNS/OSDP to the Director of Provincial and Municipal Department of Land Management, Urban Planning, Construction and Cadastre on the Reformation of the Formula for Registering Immovable Property as a Spouse’s Separate Property because of the death of another spouse.

Currently, the Ministry reform the existing formula to the new formula as an example below:

1.       If the husband’s separate property, example, Sok San (widower of corpse Chan Ratana)

2.       If the wife’s separate property, example, Chan Ratana (widow of corpse Sok San)

 

3.       If the husband’s separate property, example, Sok San (widower from deceased Chan Ratana)

4.       If the wife’s separate property, example, Chan Ratana (widow from deceased Sok San)

The purpose of modifying the formulation in registering immovable property as a separate property in the condition of Widower or Widow caused by the spouse’s death is to unify between previous and current civil code. The term “Corpse” was used in the previous civil code and was replaced by the term “Deceased” in the current civil code, which means a person who had passed away.

The Ministry will appoint the expert officer of the General Department of Cadastre and Geography to cooperate with all of the Directors of the Provincial and Municipal Department of Land Management, Urban Planning, Construction, and Cadastre to install the new formula instead of using the old formula in the Database system for using onward.

If you have any questions or need any assistance concerning any matters, please feel free to contact us at contact@sithisak-lawoffice.com or (+855) 23 6373 168.

Disclaimer: The article is merely for general information purposes. It does not constitute legal advice on the subject matter.

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