hanuman2543

It is indeed ridiculous to assume that "bribing" is the way of choice from only one part of the political spectrum in Thailand. I suggest googling "Suthep, 15 million bribe".

Just out of curiosity. I have the new Thai driving license valid for 5 years for cars and for motorbikes. I am quite sure that it is valid in all Asean countries. Lately I read that in Cambodia the police refused to accept Thai driving licenses hold by foreigners. What about other countries like Laos or Malaysia? Who knows more?

No argument is stupid enough to discredit PTP. Who believes such a nonsense.

Like I said a nice salad would be great. As a colourscheme something what corresponds with the furniture and get rid of the stone tables in front., nobody ever sits there.

First and easy step: No more free plastic bags

If she really want to do something there, she schould invest in some new colour and paint the restaurant new. Organize the seating nicer and arrange the interior better. Clean up the unorganizend pile of newspapers, leaflets, etc. and take off all the posters from the walls. Renovate the bathroom (it is disgusting). It would be nice if she can add a nice salad to the menu ( difficult to find in Surin).

You know you have been in Thailand too long, when you pay daily interest of 5% for a "buisinessloan" and consider that reasonable

It is correct thaht wages can only rise when the productivity rises too, and the productivity in many sectors in Thailand is very low. Till now many companies profited from the low labour cost, but this can be over very soon.

I agree with all the parties that the poor people have to earn more money. But promising wage hikes from 25% in 2 yaers is unrealistic. When they do that the inflation will rise even more than now which will effect low income earners the most. Any idea how to finance all that? New taxes like inheritance tax and a tax for people owning vast amounts of land would be a step in the right direction. But who believe that this will happen?

Here is an evaluiation from Robert Spelde, a foreign lawyer here in Thailand and I think it makes a lot of sense:

Dear Ingo

I can only give general answer as I do not know all the details or your

financial situation. This is not legal advice.

In general it is better to leave the land department out and forget about

suing your wife for being your nominee.

It is clear you are both living in Thailand and planning to divorce?

In this case, if you cannot agree with your wife on the separation, try to

get what your are entitled to in a divorce procedure in court.

1- because the land is registered is in your wife's name does not

automatically mean the land will be given to her in a divorce, not even

50/50. The division of the properties is based on the system of property

in the Civil and Commercial Code.

This is simply a matter of calculations, what is personal assets, what is

marital assets and how is marital assets best divided between the couple

based on individual circumstances.

We recently had a similar case, a divorce with land registered in the

wife's name without the letter of confirmation signed. In the divorce

procedure in court the land was given to the foreign husband with the

obligation to sell within 1 year.

Most relevant law:

Section 1471. personal property consists of:.... property belonging to

either spouse before marriage...

Section 1472. As regards to personal property, if it has been exchanged to

other property, other property has been bought or money has been acquired

from selling it, such other property or money acquired shall be personal

property (Sin Suan Tua).

In my opinion, based on section 1472, the land is your personal property,

irrespective registration in your wife's name.

2- The argument of your wife that is was a gift made during the marriage

does not work in court because, again, the division of assets in a divorce

will be based on the system of the law and any private agreements (her

possible argument that it was a gift) made during the marriage are

voidable.

Relevant law: Section 1469. Any agreement concluded between husband and

wife during marriage may be avoided by either of them at any time during

marriage or within one year from the day of dissolution of marriage;

provided that the right of third persons acting in good faith are not

affected thereby. (this includes gifts)

3- Maybe you have to write off the assets given to the parents of your wife.

4- In a divorce the division for a large part depends on what you can

proof, as in case of doubt as to whether a property in marital property or

not it shall be presumed to be marital property between husband and wife.

Marital property = property acquired during marriage (subject to the above

sections 1471 and 1472), property acquired by either spouse during

marriage through a will of gift made in writing if it is declared by such

will or document of gift to be joint property between husband and wife,

fruits (income) from personal property.

Only marital assets are divided equally. I would argue that the land and

house is your personal property. If not, in any case, it has to made up to

you by allocation of a share of marital assets to you, equal to the money

you spend.

Your legal situation under Thai law may not be as bad as you may think.

Good luck and feel free to ask a question should my answer not be clear.

Regards

Robert

The important question is: Why so many people in Thailand want to flee reality? Never mind what kind of drugs they take. Is there maybe something wrong with the Thai society?

Competent lawyer-any suggestions?

I have the impression that some of the posters here are not really aware of what the Land-Code-Amendment Act (No.8) B.E. 2542(1999) really says. Here is a quote of the paragraph I mean:

An alien whose spouse is a Thai national either legitimate or illegitimate, that Thai national can purchase land but the alien spouse of that Thai national must give a joint written confirmation that the money which that Thai national will expend on purchasing the land is wholly the separate property or personal effects of that Thai national and not the Sin Somros or jointly acquired property.

Maybe now it becomes a little bit clearer what I mean. The text is very specific about the requirements the Thai spouse has to fulfil. What I miss is that the law says nothing about the consequences, when somebody on purpose or accidently not do, what the law requires.

To clarify the story about the money transfer a little bit more: I sent the 3 million Baht in several tranches to Thailand. Therefore I think that the “argument” that all the money was a gift or sin sod becomes very lame (when is an amount of money transferred by a foreigner to a Thai bank account a gift?). And when the Thai claims it was a gift, what kind of proof is required, because without proof everybody can say that.

Where on TV I can find the information about the foreigner who won his case?

We purchased both houses before registering our marriage at the local Amphur. I know that I could be punushed, but the risk for her is much bigger.

Hy,

I put this question on the forum to evaluate the risks included if I choose this way to sue my wife for being my nominee or if it is better to file for a normal divorce and split the” sin somros” 50/50.

Here is a description of the situation.

My wife and I we married in Denmark in 2001. I am a German citizen and the marriage was registered in Germany in 2001. In 2002 we moved to Thailand. We split up last year and it looks like my wife wants to fight it out in court.

In the year 2002 I transferred about 3 millon Baht from my bank account in Germany to the Thai bank account of my wife. The money was my sin suan tua. This time our marriage was not registered in Thailand, but my wife stated in the marriage papers that she wants to bear my family name. With this money we bought 2 houses. In the land papers there is no lease or usufruct for my benefit. The first house we bought was the house of her parents. The family had sold that house some years before to a colleague of her first husband (he is a soldier and can have a mortgage from the government). The sale was a “fake” because they continued living there and paying only the rates of the mortgage for him and the money they got for it they spent.

The second house we bought for us to live in, some months later. The 2 times she went to the land office she put the houses in her maiden name, she did not say that she has a foreign husband( I am not sure if she stated she is single), not mentioned that the funds came from me and I did not sign the papers the law asks for. All this I can prove and maybe the seller can provide more info what happened at the Land Office.

According to Section 96 of the Land Act the Land Department has to revoke the title deeds and transfer them to me because she acted as a nominee for me. I have to sell it then in a year. On top she committed several criminal offences, as I did myself, punishable by fines and/or jail sentence. The Land Department in BKK told me the same on the phone. Last week I consulted a Thai lawyer. He told me that the case is not so easy and that she will deny certainly that she acted as my nominee (she has a lawyer). For example she could say that the money was a present from me (nothing written about that and I never said that) and that members of her family or people from her village could testify this in court. Because nobody of her family or from her village understands enough English they would only be able to “testify” what my wife told or translated for them (how credible is a witness in a Thai court, who can only testify , what he/she heard from one of the parties involved about what the other party said or promised after 9 years?). Another example was faked credit documents from moneylenders to show the court that she had the complete control over the property. Fact is that we kept both title deeds in our house and that they were never used as a collateral for any loan. We never had any marriage party in Thailand and because my wife was married before and having a child from this marriage I never promised or paid any sin sod.

The section 96 of the Land Act is quite clear, but who can give advice on the following questions?

Do I have to sue my wife in court, or will the Land Department sue her after I inform them and they investigate the case?

Is it better to inform the Land Department in BKK or the Interior Ministry instead of the Land Office where this happened (middle seized town in the Isaan)?

What does really count as evidence in the court and who has the burden of proof for what?

Is a Thai spouse automatically a nominee when one or more of the requirements of Section 96 is not fulfilled or does the court requires more as proof?

Does anybody have information about a similar case where the foreigner had won the case (I read that the Pattaya Expat Club has information about such a case, who knows more?)?

I hope that there will be a lot of competent advice on this matter because, after reading a lot about it, my impression is that most foreigners fear that the Land Department will take away land and house from them and their wives when it is obtained in a similar way and not see that this could be the chance to get a better bargaining chip in the case of a divorce.

Hanuman2543