Bangkok Legal Service

Mr. Mak and Ms. Mee secretly registered their marriage with Ms. Moo outside of the province. Subsequently, Mr. Mak built a house for Ms. Moo on the property and included Ms. Moo’s name as the owner on the land title deed. The matter was brought before the court seeking to revoke Ms. Moo’s name from the aforementioned land title deed, claiming that the land was marital property between himself and Mr. Mak. The court should determine whether Ms. Mee is entitled to request the revocation of Ms. Moo’s name from the aforementioned land title deed.

The court finds that the marriage between Mr. Mak and Ms. Mee occurred pursuant to Section 1497 of the Civil and Commercial Code, amended, and Section 1452, 149 of the Amended Act (No. 1o) B.E. 2533, Section 20, which states that a marriage is void due to a violation of Section 1452. Any interested party may allege and request the court to declare the marriage void. In this case, it is determined that Ms. Mee is a third party who is legally validly married to her husband, having registered a marriage with another woman, and therefore has the right to raise the issue of nullity regarding the aforementioned marriage.

It is further found that Ms. Mee has the right to request the court to revoke Ms. Moo’s name from the land title deed; however, as Ms. Mee is not the legally valid wife of Mr. Mak, she has no right to appear on the land title deed jointly.

Therefore, Ms. Mee filed a lawsuit requesting the court to revoke Ms. Moo’s name from the land title deed of the specified plot, wherein Ms. Moo was listed as the owner. Ms. Mee’s right to the property is limited to the portion she is entitled to under the law. Mr. Thanavath agreed to sell the land to Mr. Mak, with a contractual agreement to transfer the land to each other.