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blackcab

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Posts posted by blackcab

  1. The first thing you need to do is contact the building management and find out what is the ownership ratio of Thai citizens to non Thai citizens.

     

    Once you know that you can start to make an informed decision.

     

    What I would say is that as the condo was purchased before your marriage then your wife currently has no claim against it should you divorce.

     

    Let us know what the ratio is and we can further advise you.

    • Like 1
  2. I think your wife needs to contact the embassy and talk to them. On the embassy's passport page, it states that to obtain a new passport the ID card must be valid.

     

    http://www.thaiembassyjakarta.com/services-consular-information/electronic-passport/

     

    In addition, the page about ID cards states that they will only be issued to Indonesian residents:

     

    http://www.thaiembassyjakarta.com/services-consular-information/identity-card/

     

    However, every case is decided on an individual basis, so your wife really needs to contact the embassy and find out her next steps.

  3. I've used this service several times. If you are in Bangkok he will come to your property for a reasonable fee, which is often easier than going to him.

     

    The attorney is called Somsan Maisuk.

     

    http://www.siamlegalonline.com/

     

    He is registered as a Notarial Services Attorney by the Lawyers Council of Thailand pursuant to the Regulation of the Lawyers Council on Registration of Notarial Services Attorneys B.E. 2551

  4. 1 hour ago, problemfarang said:

    Do they keep your records at their office or computer (i dont think so)?

     

    Immigration keep all your extension details on their computer. In case of doubt, they also keep your paper application aswell. The paper applications are stored in order of approval number, which makes them fairly easy to retrieve.

     

    1 hour ago, problemfarang said:

    can they check from that or not about your past extensions or likewise?

     

    Of course they can check, and they will know instantly if you were on a Non O and try and claim that you were on a Non B.

    • Like 1
  5. You have two options:

     

    1. The property is sold, the mortgage is paid off and any profit is divided between both parties. Other assets are equally divided. This gives both parties a full and final settlement and a clean financial break.

     

    2. Assuming there are enough other assets in the relationship, you reach an amicable agreement with your wife whereby she retains the property and you retain the other assets.

     

    With option 2 you could amicably agree that your wife becomes liable for the outstanding mortgage payments, but in any event you would still remain liable as a guarantor due to the mortgage contract you previously signed.

     

    Realistically it depends on how much time and money you have left to repay the mortgage.

     

    If there is a substantial amount of time and debt remaining before the mortgage is repaid then most people take option 1.

  6. 4 hours ago, taxin said:

    Thanks blackcab. OK so it seems the mortgager (the bank) would have the final say in it. What if paying off the mortgage is not an option, what would happen to the property in terms of ownership and responsibility of the loan upon divorce ?

     

    Who is responsible for the loan at the minute? Your wife as sole mortgagee; your wife and yourself as joint mortgagees; a limited company or one of the above with you and/or your wife as a personal guarantor?

  7. No, because the bank will not allow the transfer.

     

    You cannot transfer a property with an existing mortgage without permission from the mortgagor, and the mortgagor will not grant that permission.

     

    You must completely pay off the mortgage and have it removed from the title deed before any transfer takes place.

     

    In addition, you cannot give a minor an encumbrance. This means that you cannot add a mortgage, usufruct, servitude or a lease to the title deed without permission of the Court. You are extremely unlikely to get that permission.

    • Like 1
  8. 20 minutes ago, possum1931 said:

    and what if he doesn't have enough funds to pay? There are lots of decent people in this country who like me only keep enough for living expenses with their main money in there own country's bank, so is it Jail, deportation or what?

     

    That's a really good question, and unfortunately I don't know the answer.

     

    If this really were the case my best advice would be:

     

    1. Tell the hospital immediately that you cannot pay and that you do not have any money. Keep telling them that.

     

    2. Do not give the hospital your passport. They will ask for it at some point or other to "check".

     

    At some point this scenario might well end up on YouTube or in the news.

    • Thanks 1
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