Sale Purchase Agreement

[node]

Can someone here tell me if a SPA is considered as "Acquisition of a Property" under Thai law, and if yes, where can this law be found?

 

I asked this question here because, I have found myself in a situation in a divorce whereby my wife signed a SPA one year two months before we were legally married. The then Developers on that SPA, had given her two years grace before the payment for our property was due to be paid off.

 

Before the expatriation, we got married, and source a mortgage, which was approved. This mortgage was done in her name. The developer was paid by the mortgaging bank whose name was then on the Title deed. Thereafter, the loan was paid entirely by me.

 

Upon completion of the loan, the papers were taken to the Land & House Registration office and her name was then transferred to the Title Deed, and the Mortgage company name was removed.

 

The lawyers are saying that the property is hers, and the property does not form part of MARRIAGE PROPERTY under the divorce, as the SPA was done before marriage thought here name was not on the Title deed until the property was paid for in the marriage. 

 

My understanding is a SPA is an agreement that both parties agree too, and it is not an ACQUISITION of a property.  The name on the TITLE DEED is the owner of the property.

 

Can someone advise me on the legal stand on this please.