30 yrs rental contract, ex-wife mortgaged the house to get money !

[473geo]

3 minutes ago, theguyfromanotherforum said:

 

Bro....are you in a bar?

You want to know if a bar has a usufruct? - no idea

[Donotdisturb]

59 minutes ago, 473geo said:

"No thai wive involved either. I rent the girls too, sortof ? "

 

Doesn't quite fit with your 15 years of "bliss" comment....but I'm sure there is a full explanation lost somewhere in translation

2002 til now 15 years of bliss.

1997 til 2002 gfs and rental girls locally known as geeks. 

Not translation matter at all but mathematics. Weird people here have such critical skills based on nothing ? too long in thailand with thai lady i guess

......

[ExpatOilWorker]

After 29 years and 364 days you can still rent a bulldozer and level the house. Enjoy the countdown to this event. 

[ExpatOilWorker]

On 1/27/2018 at 2:48 AM, JohnnyBKK said:

I'm already out of that home, I'm talking about thailand

Why the OP if you have already left the house?

[inThailand]

Something is fishy. 

 

No one, including loan sharks or a bank will loan money with 29+ years of untouchable collateral. She is either lying about the loan or if there is a loan that means you do not have a valid registered 30 yr lease.

[catman20]

15 hours ago, MaeJoMTB said:

My misses sabotaged her two first house purchase attempts.

House 1. She conspired with the owner to up the price by 500,000bht (and split 50/50)

House 2. She cancelled the home loan from the bank at the last moment expecting me to just pay cash.

House 3. The 27 year home loan went through, and we have been living in her house for the past 4 years.

 

Yes, I am a mug to have kept going ................ but I quite like her even if she isn't trustworthy.

no fool like an old fool. grow some bxlls and find a woman that treats you with some respect.

[BEVUP]

5 hours ago, inThailand said:

Something is fishy. 

 

No one, including loan sharks or a bank will loan money with 29+ years of untouchable collateral. She is either lying about the loan or if there is a loan that means you do not have a valid registered 30 yr lease.

Don't bet on it

[Road Warrior]

never trust thai women

[KKr]

20 hours ago, BEVUP said:

Read my post #61

A Prenup is just a contract between 2 parties ( you would have no right stating that the owner can't sell )

Because your Usufrut's interests are still protected if Land Deed was passed on

 

Those paragraphs were taken from a Thai Law site ( the best one I've come across yet, explaining all )

A Pre-nuptual is a registered agreement that cannot be changed unless both parties agree to such change. If it is not registered at the Marriage office, it will be difficult or impossible to enforce.
In Law, usually, ( but I am not in a position to review Jurisprudence or Law in Thai ), there is no prohibition to a contract that is tighter than the clauses described in Law, as long as the additional clauses are not in contravention of morals or other Law.

in consideration of that, I would argue that a clause prohibiting encumbrance or sale of a property can be defended.
As a precaution, and to avoid the counterpart to bring a defense that the clause against encumbrance or sale were extorted with undue influence, one could add a value (similar to the then current market value) to a Superficies / Usufruct in the pre-nup, with the excess to be shared in case of a sale.
And IMHO it would help if one can show that the money (i.e. the Market Value) for the purchase came from your account and was sourced abroad.

Also, any gifts ( likely to be documented properly ) during marriage are reversible in case of a divorce, so this would be another way to protect the money invested in the property.

[david555]

On ‎1‎/‎26‎/‎2018 at 3:06 PM, JohnnyBKK said:

So the 30 yr lease is useless ? seriously ? she can just sell the house to whoever she wants ?

I saw some similar case on the internet ,.... a farang couple that used a real good Thai lady friend to buy/ lease a house they build ..... on a certain moment same thing came up.... possession to the house by court ..... the reason .... the long time estranged husband of the Thai lady made debt .... they never legally divorced ..... so mutual responsibility ..... the only advice the duped lessee got from lawyer is to negotiate with the new owners ........... so as soon more shall hear this a new scam is born ... as it can be prearranged ...

Even when daily warnings , people still keep trying to bypass the house possession  by lease or company form ....". it is the bread real estate agents eating .."

 

Stick to what is allowed for farangs and you get not too much problems

.

[Jingjock]

When will you guys learn, do not buy anything in this country for another party (lady) they are the most corrupt people I have ever met. I have had it tried on me several times, not give them money No honey, im happy with that, i would sooner spend my life on my own, than worry about when she will leave taking what ever she can.

[Donotdisturb]

7 hours ago, michael walker said:

never trust thai women

Never trust a thai woman who is with you for your money. A woman with a good job and some education can be great in thailand. If your catch is too good yo be true, ie. 25 year yonger "stunner" according to farang standards found in a bar u should be realistic. 

[Donotdisturb]

23 hours ago, TunnelRat69 said:

so where is this little piece of Thai Heaven -  wait, don;t tell the forum, PM me please  I might need a place to hide from the world for awhile, it is spinning too fast for me.   

Pls paypal 250.000 thb to [email protected] and ill send u the gps coordinates ?

[MyFriend You]

2 minutes ago, Donotdisturb said:

Pls paypal 250.000 thb to [email protected] and ill send u the gps coordinates ?

Not Vietnam Dong??  23,000 = 1USD.

[MaeJoMTB]

1 hour ago, Donotdisturb said:

Never trust a thai woman who is with you for your money. A woman with a good job and some education can be great in thailand. If your catch is too good yo be true, ie. 25 year yonger "stunner" according to farang standards found in a bar u should be realistic. 

Never trust any woman ....... most of us lost more money in our home country divorces than we ever did here in Thailand.

[Donotdisturb]

38 minutes ago, MaeJoMTB said:

Never trust any woman ....... most of us lost more money in our home country divorces than we ever did here in Thailand.

Says more about "most of us" than about "any woman"...

[dfdgfdfdgs]

Everybody seems to be glossing over the part where OP said people came to burgle his house and his wife engaged in a gunfight with them and he moved out so he didn't get shot 

[473geo]

Just now, dfdgfdfdgs said:

Everybody seems to be glossing over the part where OP said people came to burgle his house and his wife engaged in a gunfight with them and he moved out so he didn't get shot 

He's bullet proof he can legally live there for the next 30 years if the usufruct is in place  lucky he had one eh? 

[watcharacters]

 

 

 

I think the most important factor is the terms of your lease for the Usafruct.

 

Are you comfortable letting the members of the forum know about them.

 

 

 

I'd hope you had a rental/lease agreement of something like 1K THB a year for 30 years.    That possibly could have stopped her in her tracks.

 

No matter what I wish you good luck.

[BEVUP]

24 minutes ago, dfdgfdfdgs said:

Everybody seems to be glossing over the part where OP said people came to burgle his house and his wife engaged in a gunfight with them and he moved out so he didn't get shot 

I'm sure it was his brother in law & after that was experiencing Thai Law 

[BEVUP]

11 minutes ago, watcharacters said:

 

 

 

I think the most important factor is the terms of your lease for the Usafruct.

 

Are you comfortable letting the members of the forum know about them.

 

 

 

I'd hope you had a rental/lease agreement of something like 1K THB a year for 30 years.    That possibly could have stopped her in her tracks.

 

No matter what I wish you good luck.

He did have a Lease Agreement not a Usufrut

[BEVUP]

1 hour ago, MaeJoMTB said:

Never trust any woman ....... most of us lost more money in our home country divorces than we ever did here in Thailand.

To right,but never been in that situation 

I lost more due to the Thai family, especially the bad BIL

In Auss if a women has been with you long enough she can also claim half your Super (there & then (pending )

[watcharacters]

16 minutes ago, BEVUP said:

He did have a Lease Agreement not a Usufrut

 

 

 

 

How can you state he didn't have a Usufruct?      He only stated he had a lease.    Did he deny having a Usufruct?

 

Regardless I hope he had expressed terms in whatever contract he had with his Ex.

 

That'd be his only protection in court if  it came down to that.

[BEVUP]

11 minutes ago, watcharacters said:

 

 

 

 

How can you state he didn't have a Usufruct?      He only stated he had a lease.    Did he deny having a Usufruct?

 

Regardless I hope he had expressed terms in whatever contract he had with his Ex.

 

That'd be his only protection in court if  it came down to that.

Well first of all he stated a lease not a Usufrut & even stated the terms of such Lease

Not sure about the full scope of the Thai Law but one would presume you are unable to heave more then 1 encumbance on a Title 

[watcharacters]

On 1/26/2018 at 7:22 PM, JohnnyBKK said:

What a joke... last year she sold my car without my consent too, by forging my signature. I didn't care much because it was an old car.

 

Is there something else she can do to make problems to me ? Can she take a loan on my behalf ? Can I end up in jail or without my passport if she sign anything on my behalf ?

 

 

 

 

In the Kingdom it appears to all be  a factor of how far she's willing to go.  

 

Murder?    Who knows?

 

 

 

Good luck.

 

 

 

[watcharacters]

1 hour ago, BEVUP said:

He did have a Lease Agreement not a Usufrut

 

 

 

Sorry but as a function of the site I read the beginning and didn't see the latter fuller post of the OP  giving details of clarification.

 

 

 

You are correct Sir.

 

 

 

 

 

 

 

 

 

[BEVUP]

5 minutes ago, watcharacters said:

 

 

 

Sorry but as a function of the site I read the beginning and didn't see the latter fuller post of the OP  giving details of clarification.

 

 

 

You are correct Sir.

 

 

 

 

 

 

 

 

 

Not a problem as I like following posts like this (lets say a taste of bitterness ) But that is history & have learnt a lot more from the Forum & have tightened things up (just a little late )

 

Family ( maybe not so much now ) & other hanger on are a pain you know where 

 

My wifes good, but is way to soft (looks after the house A1 & young lad ) but the above are just diggers

 

Not part of my family as far as I'm concerned

[watcharacters]

1 hour ago, dfdgfdfdgs said:

Everybody seems to be glossing over the part where OP said people came to burgle his house and his wife engaged in a gunfight with them and he moved out so he didn't get shot 

 

 

Hell,  I'd move out as well.    What more?

 

 

 

[Wake Up]

On 1/28/2018 at 6:20 PM, beavercreek said:

As stated, abandonment could be at play here, since he did move out years ago.  Also didn't seem to have it in a prepaid format like my attorney and others did.  I still wouldn't touch that circumventing stuff again, with a bargepole.  My second purchase I bought a nice concrete shoebox next to 20000 good lookers at CMU.  I sleep a lot better...the deed is all mine.

I admit I do not know the laws of abandonment of leases in Thailand. In other countries your lease cannot be abandoned without written consent by you as the lease gives you the right to do whatever you want legally including leaving the space empty or allowing others to live there (assuming not prohibited in the lease agreement) anyway good point and good luck to the OP

[The Theory]

If the land was on her name only and you leased the land and then you built a house on your own name, then she could not get any loan that affect your lease.