Page 86 - สาระน่ารู้ด้านการบังคับคดีแพ่ง - กรมบังคับคดี

No.2

Question

If I want to have a plot of land whose ownership/possession right
is in the name of the defendant’s husband, wife or spouse seized,
can it be done?

Answer

If the ownership/possession right over the land is in the name of the
defendant’s spouse, the creditor must conduct a preliminary examination
to ascertain whether it is a marital property or not. If so (i.e. being a marital
property) the enforcement officer will be able to seize it. In such case, the creditor
must submit the documents specified in Question 1 together with a marriage
document which is certified within one month by a registry officer. If not
(i.e. not being a marital property but was otherwise acquired, therefore,
being a private property) the request involves seizure of the property of
a third party who is not the judgement debtor. The creditor is not able to
request for seizure of property (land) and the enforcement officer will not
conduct a seizure.

86 Interesting facts about enforcement of civil case judgment