Banana7

11 minutes ago, MangoKorat said:

It just makes things easier in the event of a divorce but if you don't get married, you won't have that problem. In fact, if you don't get married and things go south - things will be far easier.  It would take pages to explain why -  its all about who's due what and who gets what in a divorce - Thai law.

 

Yes, the debt is still oustanding but the amount of debt may be different to what you think is due to the laws applied on divorce.

 

In all cases, keep a paper trail. Make sure you can show that the funds you transfer were actually yours before you transfer them to Thailand and always transfer them through a bank - don't do it in cash. Yes I know............but you would no believe the size of some cash deals in Thailand.

 

If you do get married, make sure you can prove that the funds used to purchase the property (transferred) were yours before you were married and not earned after you were married.

I was married once before, not in Thailand. It was a long (5 years) expensive process to get a separation agreement and divorce. Only the lawyers obtained substantial benefit from the process. Can't see any advantages/benefits for me to get married especially in Thailand, especially based on the contents on the siam-legal website posted above. As I discovered personally through my first marriage and as the website states, at the end of marriage, there is only division of assets and perhaps sharing parenting responsibilities of children.

36 minutes ago, MangoKorat said:

Partially correct.

 

A Usufruct Agreement is not transferable by the Usufructuary (you). It applies to the signatory (s) and only the signatory (s). The owner can sell the property but the Usufruct remains in place - that renders the property virtually unsaleable in real terms.

 

To obtain the best protection under marital law, make sure the funds to buy the property and the actual purchase are transacted after marriage not before.

 

I am told that some Land Offices, if they know the purchaser is married to a foreigner, are still requiring the foreigner to sign a document stating that they are giving the money to their spouse freely for their own use and they will not make any claim over the property in the future. This is an old thing and was I am told, never the actual law in Thailand but it was something that many Land Offices applied.  A lawyer told me that such a practice is actually illegal because it goes against family law in terms of a dispute on divorce.

 

I think it goes without saying that a Land Office that tries to apply that 'rule' are unlikley to register a foreign mortgage.

 

Where the Land Office will accept and register a foreign mortgage (not all do) It is possible for a foreigner to grant a loan/mortgage etc. - thereby creating a legal charge over the property. The Land Office in my area - Pak Chong, will accept foreign mortgages.

 

30 years is the maximum time allowed in Thailand for a lease. A Usufruct is not a lease. The Usufruct does not have a specified time - it dies when you die. It does not however, expire on death of the owner. Whoever the title is inherited by, or indeed sold to - the Usufruct stays in place and the new owner must accept it.

 

As an addendum - if it is possible to use a Thai friend to purchase the property, do so - that makes life far less messy in the event of a future marriage breakdown. You still take out the mortgage on the property so your investment is protected - its just easier if things go wrong. Your lawyer will tell you why.

 

I would always recommend using a decent lawyer in these matters.

Why make the mortgage after marriage? I may not marry the person. At this time I have no intention of marrying her. Why would I want to be protected under martial law? If our relationship breaks-down, the debt/mortgage is still outstanding against the property.

On 3/10/2024 at 3:38 PM, Photoguy21 said:

Does anyone really think the average Russian who has a routine type job back in Russia can afford to visit Thailand and stay several months, let alone purchase property? If so you are deluded.

There's guy on youtube called sanctioned Ivan that states an average workers' salary, non-skilled, is about USD$700 a month

Rats are starting to flee. Best to check every foreigner's visa trying to depart Phuket. Maybe start at the chatchai checkpoint just before bridge. Also check at the ferry docks and domestic flight departures. Every business on the island should have surprise visits during business hours by non-Phuket police at least once a month for the next 2 or 3 months. 

Each district has to find a least 2 or 3 sacrificial lambs, bring them to the slaughter, proof for public and the Big Phuket police general that they are following orders and producing good results. This way the big guy can tell the Minister he his following his orders.

As others have said, there are hundreds of foreigners working and living illegally in Phuket Province. Police in Thailand are for most part, very intelligent. 90% of the time, Police know exactly what is happening in their territories and chose either to act or ignore the activities.

I was told the best way to handle property purchase by a foreigner with a Thai partner was:

1. Have the Thai partner purchase the property into their name;

2. Foreigner loans the purchase funds (at market rates) to Thai and registers a mortgage on the property; 

3. Thai provides usufruct to foreigner for 30 years, "to have and hold as if he owned the property", "owner has no right to encumber property without written authorization from usufract beneficiary, usufract beneficiary can transfer all rights of usufract without owner's authorization to any other beneficiary, etc. etc.

Comments?

2 hours ago, impulse said:

 

Technical foul.  Victimless.  

 

If I ever get so petty as to cheer for the deportation of someone for a WP violation, or because of his/her nationality, please take me out back and put me out of my misery.

 

You assume too much. A judge will decide her punishment, and it may be only a fine. The worst part maybe that she is incarcerated until the court decides her punishment. Thai prisons are crowded, without basic amenities like toilets, showers, beds etc., horrible places for most foreigners. If she has a friend, they may provide her with a piece of cardboard to sleep on.

2 hours ago, impulse said:

I don't understand all the contempt here for a woman who, by all accounts, has harmed nobody on this forum.  In fact, probably nobody in Thailand.

 

For a foreigner to work in Thailand, they need a work permit, she didn't have one, so she was working illegally. She may have been taking a job that could be performed by a Thai. So she has harmed an unemployed Thai.

I hope that Deputy Prime Minister Anutin Charnvirakul also have a chat with the Governor of Chonburi. Lots of beaches in and around Pattaya seem to have private structures built on public beaches, restricting access to public beaches.

Maybe Home Office workers are enjoying discounts/freebies and the convenient location, for a lunch time quicky?

When is the Chonburi Governor going to start checking access to public beaches in Chonburi, especially in the Pattaya area, and north and south of Pattaya? Lots of private structures, in North Pattaya, have been built on the beach, within 20 meters of the high water mark. In case the Governor can't find these structures, he can easily find them by renting a boat and looking from the sea. First place to check is south of where Na Kluea Soi 18, in Pattaya, ends at the beach. Some places have a massive stone/concrete wall, like near the Cove condo.

Do Chonburi residents have to start organizing and holding mass demonstrations, like do they in Phuket, to get government officials to enforce the law, public access to the full width of public beaches?

What about the government taking action against Government Officials who haven't ensured public access to public beaches. Is there grounds for charges like "dereliction of duty" with severe consequences? Could Minister Auntin have a chat, with the Chonburi Governor as he did with the Phuket Governor, to get things moving ?

You can see the original article at Forbes. Kathleen Peddicord is the author and she use to write for International Living.

https://www.forbes.com/sites/kathleenpeddicord/2023/02/28/heres-how-to-reduce-your-cost-of-basic-expenses-by-50-or-more/?sh=3ba4826858e7

53 minutes ago, geisha said:

There have been Russian prostitutes in Phuket when I lived in Patong before the tsunami !! Also in Pattaya. 

Part of 20+, 2 Russian ladies, Anna and Olga, on March 4, 3rd floor of a hotel at Phra Metta Road in Patong were arrested for prostitution. This was reported in other media. There's also a facebook post by Phuketandamannews that has more details.

Government needs to provide financial incentives for married couples to have children. Monthly baby bonuses, low cost quality child care, etc. Support families to have more children!

Look at it from PEA's viewpoint. PEA has to pay promptly for generator fuel, sometimes in advance. If 10,000 customers are late or not paying, it can accumulate to a substantial sum. Sometimes customers never pay and PEA loses but really its the PEA customers who pay promptly that pay for the loss. Also, customers can go on the pre-authorized plan and have the billed amount automatically deducted from their bank account. Tough to live in this heat without a fan, AC or a cold drink. PEA is not in the money loaning business.

Some electric companies ask for a deposit upfront, and after a year or 2, they release the deposit if all previous bills have been paid on time.

I heard his villa stairs on public land have been removed today by Phuket Peninsula Estate Co., owner of beachfront villa No. 23, and basically erased encroaching structures, including the contentious stairway.

On 3/4/2024 at 5:55 PM, Banana7 said:

You need to follow-up and ensure things happen. Nobody is looking after you by default. You need to ensure justice prevails by hiring a lawyer or doing it yourself. The justice system is very busy and your case may get "lost" or given a very low priority.

 

When involved in a motor vehicle accident, there are multiple levels of claims: property damage, personal injury, pain and suffering, and loss of income and enjoyment. When you say insurance paid all of your costs, exactly what category of costs did they pay? Did you sign anything from the insurance company? Did they compensate you in each and every category stated here? You may have signed something without fully understanding the document that says you have been fully satisfied. Did you get all documents you signed, translated into English, by a certified translator, understand them and consult a lawyer, before signing them?

 

Once the police complete their investigation, the matter is normally forwarded to the public prosecutor, if the police feel it is a criminal matter. Has the investigation been completed? Did you get a copy of the investigation report? Has the public prosecutor's office received the police report? Who is the prosecutor assigned to your case? How and when will the case proceed, what are the next steps? Has the prosecutor decided that there is sufficient evidence to proceed with your case? If you don't know the answer to these questions, you may be implying, to the prosecutor, that the matter is not important to you. If it's not important to the victim, that maybe why things are moving slowly or not moving.

 

If you decide to show some interest and do some follow-up, I recommend that you talk softly, never raise your voice, be very polite, thankful, show appreciation. Document who you talk to, date, time, and contents of discussion. Be very persistent but never condescending or arrogant.

 

 

 

 

In addition to the preceding, specific important recommendations were made to you on October 25, 2023 in your original post of the accident. For your convenience here are 2 excerpts from that posting thread:

"DO NOT sign any police reports or other documents unless you agree completely with their contents. Get official certified translations into English. Avoid relying on a Police or insurance company interpreter."

"Make sure the driver gets charged with all offenses (causing bodily harm, property damage, speeding, hit and run, etc.) and these are recorded in the police report."

I know you're smart guy but I don't understand why you're sitting back and not managing the matter more proactively?

Here is your accident report thread:

https://aseannow.com/topic/1310155-hit-and-run-got-me-im-all-broken/page/5/#comment-18448558

6 minutes ago, Seeall said:

yes, they would never consider living in a normal apartment to keep a low profile.. we got em..

Many criminals like to behave as they do in their home country: drive expensive vehicles usually with heavily tinted windows so police can't see inside, lots of tattoos, wear 1kg gold necklaces, girlfriends have diamond necklaces, boss people around because they are entitled to special extraordinary service, live extravagantly, take the best of everything. They like to protect their home base/businesses so check houses/villas with razor wire and CCTV cameras.

Just follow the big money, the Thai authorities will find lots of them in Phuket and some in Pattaya area and a few in Bangkok.  

1 hour ago, BenStark said:

 

On Sukhumvit, 100 meters before the Naklua traffic lights if you come from Pattaya, is a Yuasa dealer. Don't know if he has bike batteries, but he certainly has car batteries

Thanks. The Yuasa authorized dealer shops in Pattaya want 900b, which seems like standard retail price.

I am happy to see "public anger boiling over" and the Thai people standing-up to what they think is right. The Phuket Police are protecting the big money and overlook illegal action of the big money people and acting against common people. Good to see Thai people wanting justice for all. I hope some Police also get fired for the way they handled this matter.

Thailand will learn the hard way about how Russians operate. Russians will make agreements to get friendship or permission, but after the honeymoon, anything goes, forget about agreements and promises. They'll find a way to void the agreements. Thailand is allowing in too many Russians. One step at a time, Russia will eventually annex Phuket, to protect their citizens, just like they did Ukraine and other countries. Russia has already setup a consulate office in Phuket to assist their citizens.

The real issue is Thai enforcement authorities who love brown envelopes and turn blind to code and law violations. Pay the right people anywhere in Thailand and you can do anything you want. Lots of Russian money coming to Thailand.

Just like in Cambodia, down in sihanoukville, Chinese casinos and hotels only let in Chinese. If you don't speak or look Chinese, you don't get in. Chinese rule sinhanoukville.