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Braddockrd

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Posts posted by Braddockrd

  1. This means that Swiss nationals here in Thailand receiving pensions from Switzerland have 20% more income overnight. Welcome news indeed for me.

    and the same is true for me, since I am about to move over for early retirement in few months and my cash funds and the pension money just boosted by that 20% and give me few million Baht for a nicer living place and a even more comfortable life...

    Whatever goes up, eventually goes down, so don't spend that 20% foolishly

    I am Swiss, we normally whistling.gif do not spend foolishly... for me, it means that my Swiss asset will give me 20% more Baht... that means with the same living expense budget (which I will not change), I will not be bankrupt at the age of 100 but only at the age of 105... clap2.gif

    Unless you exchage it all now all you have are paper gains, my Swiss friends...

  2. I have not read all of the posts in this trove of knowledge, but the answer is clear and easy: as long as you don't have any particular expectations, do nothing. You don't even have to worry about your hospital bills. Tough but that is what it is. No one can come after your wife in AU for hospital or incineration bills. They may sue her in Thailand but they have no standing in AU courts and comity will not extend to this kind of situation. Enjoy your last days as much as you can my friend.

  3. I think you need to watch your back if you are trying to recover joint assets with a Thai GF...some farangs lose more than a few assets...they lose their axx...

    You betcha. Especially when you are dealing with prostitutes and the scum that sorround them, as I am sure most of these folks are

  4. On the little information the OP has everyone has to speculate as to the details. But going on how many stories go.

    He's not married, no 50% rule. Only what he can prove is outright his.

    But if he bought the land it would be in her name & no court in Thailand can award him that land, it's hers.

    The house, dubious, but I doubt he has a lease agreement with her for the land the house sits on. Can ask him to leave at any point.

    Car in her name, gift, it's hers.

    Big ticket items wrapped up I doubt there will be pics of him breaking open bottles of champagne in the middle of the road with his big screen TV & bed.

    No law protects a fool & his money.

    But all speculation on details.

    Thai law states that in the event of divorce everything "obtained" during the marriage is to be split 50/50. BUT "obtained" does not mean "purchased."

    "Obtained" means acquired in the sense of "obtained through the fruits of labor or effort." It definitely does not automatically mean everything you purchased during your marriage.

    For example, let's say you have 100,000 in the bank before you get married. After marriage, you use that 100,000 to purchase property (land included). In the event of divorce, under Thai law, the purchased property is your individual property - - not marital property which needs to be divided 50/50. That property belongs 100% to you.

    However, let's say you owned a business prior to marriage. Under Thai law, all of the income for that business which was received during the marriage would be considered marital property. The same is true if you own financial assets which generate interest income and capital gains. The financial assets are considered your personal property, but the interest income and capital gains received during the marriage would be considered marital property and would be subject to a 50/50 division in the event of divorce. The only way someone can protect themselves from this would be to enter into a pre-nuptial agreement before the marriage.

    Regarding land purchased in violation of Thailand's land law, the current law (based on a Thailand Supreme court decision) states that a foreigner who purchases land in violation of land law does not forfeit his interest in that real property. Because land law provides a mechanism for correcting a violation of land law violation (forced sale by the Land office), the foreigner's interests in the land can be protected. Under former Thai law, the courts previously ruled that because a foreigner's interest in land violated land law and was therefore illegal, those illegal interests were unenforceable under the law. THIS IS NO LONGER THE CASE. A person who lied to the land office about whose assets were used to purchase the land might be subject to prosecution for lying to the government official, but that doesn't mean that they automatically forfeit their rights to the land.

    To understand Thai marital property law, you have to understand that there are actually two definitions. One definition defines what is "marital property" and the second definition defines what is "individual property". You have to understand BOTH definitions to understand how Thai marital property law works. You need to read carefully how "individual property" is defined. This is the key to understanding how the law works.

    Many people (including a shocking number of Thai lawyers) only read the first definition of what constitutes marital property. They see the word "obtains" and erroneously assume that "obtains" means anything purchased during the marriage. This is completely incorrect, and you can see this for yourself by reading the definition of individual property in the marital property section of the Thai civil code.

    Think about it. If "obtained" meant everything "purchased" during the marriage, this would encourage people to marry, quickly purchase property and then divorce in order to reap a windfall by being able to immediately able to claim a 50% financial interest of everything purchased. This would be totally destabilizing to families (especially children) and would be terribly damaging to society.

    Thai marital property law provides no such incentive for people to marry in order to obtain this type of financial windfall, and in my opinion is quite equitable and fair to both parties.

    You are completely off topic dude. This guy ain't married!

  5. I am married to a Thai and have been for 3 years now.

    I made sure I lived here for 2 years before marrying her, just to make sure I knew all about her, and even though I have the money in my UK bank, I have never brought more than a few hundred thousand baht here at any one time. I have my own Thai bank account and the money is in there. She has an ATM card, but if she were to dump me and systematically attempt to empty the account, i would have the card cancelled and the most she could get is 20K.

    I have also bought the house on a 30 year mortgage even though I can buy it outright, I feel safer on a mortgage, as well as the car I have got it over 7 year loan...

    So if she dumped me, she is welcome to the house and car and all the future payments that go along with it.

    Those who buy houses and cars outright are playing a dangerous game.

    I totally trust my wife, but nobody knows what is in the future.

    Here is a wise man. One of the few

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  6. I am in Thailand for the last 16+ years without getting caught in the wrangles of Thai wo(man). If one is clear of himself, it is possible to live without getting involved in all the noises going around.

    No offence if somebody gets involved. Over time every one will learn all the lessons what one needs to learn.

    They just don't like you, face it

  7. A little bit of fun and humor Ion the morning. Its good. I always have loved the cynicism in these forums. Most of those who profess having come here for things other than the women are probably the ones sitting at the bars in NAna from 8 am. What else is there? If you wanted hot and humid weather you'd be by the beach. And there are hundreds of beaches cheaper and more beautiful than in Thailsnd in other countries. If you wanted good food you'd be in Southern Europe. If you wanted engaging, smart people you'd be anywhere but in Thailand. If you wanted to see smiles, you'd be in Lopburi. If you wanted to love cheap and eat the rest of your life at road stalls you'd be in Central America. Granted that probably less that 5% of farangs in Thailand can read Thai to save their lives (being generous with the 1%, benefit of the doubt stuff). What else? Ahhhh the girls.....!

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