advice -dead thai wife children refuse to sell the house...

[thailand49]

MusicLover said "  Rubbish "?

This is just total Nonsense and Rubbish response from you!

We all are making assumptions from the lack of detail information from the ops but at least we have a reason this, on the other hand,  is "  I'm right and can't give a real reason ".

The ops haven't clarified although he said " we purchased "  how the deed is stated " is his name on the deed? "  is the assumption, my assumption it isn't! 

On a personal note!  I have a Thai wife for 18 years and an adopted son who is 19 now, from day one as far as I'm concern I purchased a 3 million baht home for us, put it under her name and the son,  next door is another 2 million baht land and built apartment unit, we have 1 truck, 1 car, 6 motorbikes,  we have a restaurant, operate 1 water purifying machine and six washing machines ALL IN HER NAME!

In the West, it is just short of 50% chance of a marriage working so the thinking what chance I have here but 18 years later still going. Why everything in her name?  there is nothing I have given them that I can't lose I've taken them from a tin can shack from the farm it isn't morally right for me to take it all away if it doesn't work. 

The longer I live in this country the more I know I did the right thing. When it comes a time she isn't around I just walk away and live in town and my son his wife and my grandaughter etc can have it all my mind will be clear and I will still be loaded which they can have too after I'm gone too.  Personally, who the <deleted> would want to own anything here and have to deal with all the B.S. they put in front of us foreigner.  

My biggest disagreement with my wife I ever had was she ask me to be 100% Thai,  I responded if you aren't joking " I'm out of here "  today 18 years!

You need to get your western thinking and assumption out of this topic!

Edited September 2, 2018 by thailand49

[Scouse123]

7 hours ago, evilebxxx said:

I just want add, after the funeral rites, her relatives and friends came in droves, most of them I never seen before, completely took over the day to day routine, I had no say at all, cut down a couple of trees, and make a complete mess on the property

Asking for money constantly, all kind off lies was thrown at me…

 

 

They could only do this if you were not strong enough to stop it. That means....you allowed it to happen.

 

I have said on this board time and time again, Thais, especially in rural areas with poor education, will push it slowly and slowly until they remove you from everything and take over. It is not done in a confrontational or aggressive way, it's gradual.

 

You have to stop it straight away before it starts and once they know it is in ' tablets of stone ' and they are not going to get anything, they skulk off into the distance.

[Gecko123]

OP:

Have you done a realistic assessment of what someone is willing to pay for the property? In cash, not paid in installments over decades? A 25 year old farang style house in the countryside is probably not going to attract an offer anywhere close to what you might think the property is worth. You may be fighting over peanuts.

 

If you've already gotten 25 years of use value out of the property, you're way ahead of the game compared to many foreigners who build and then divorce. If you manage to get everyone to sell, keep your eyes peeled for manipulation of the offer price (kickbacks, low balling).

Edited September 2, 2018 by Gecko123

[Oxx]

On 8/31/2018 at 8:28 PM, evilebxxx said:

I have reside here in the house bough for us over 25 years ago

 

It is only since 1999 that Thai nationals married to a foreigner have been legally allowed to acquire land, so your wife could not have received the land.  Someone else must have been the legal owner at that time (or you were not legally married to your wife).  Was the wife the legal owner at time of death?

 

 

[4MyEgo]

1) Sorry for your loss

 

2) Sorry that there is a dispute with the kids

 

In my opinion, it would appear that your back is up against the wall and they know it.

 

Now it appears that these kids, now grown ups think they have it all worked out, suffice to say, they know you don't want to go to court and spend money on maybe a lose, so they will just sit it out, hoping that you vacate, and they probably have more life in them than you do, so if you want to change the ball game around, and play hard, i.e. either it's going to be a win/win situation 50/50 or a total loss to all parties, meaning that you have to let them know that you have decided that you are not going to take this anymore and are going to leave with or without your 50%, they will probably be thinking they have won, then you will give it to them between the eyes, i.e. if we do not agree to split 50/50 you will not be able to sell the land, because I will contaminate the land within 7 days and burn the house down, no further calls or negotiations, i.e. if you are not here within 7 days signing to a 50/50 split in the presence of my lawyer, then you can have the land, and good luck selling it. Do not answer the phone after that call, they will have to come to you.

 

Then go ahead and contaminate the land, revenge is bittersweet, and it's the only way you are going to get your 50% or be out of pocket, in other words they are going to have to think is this guy serious or is he bluffing us, now they have to think, 50% to them is worth more than 0% to them, if this mad man goes ahead with it.

 

Your call, and wish you luck, sometimes you have to call their bluff, however if it was me, it wouldn't be a bluff, I would carry it out, and yes the cost would be on me, but knowing that I ended up screwing those who wanted to screw me first, the would give me final satisfaction. 

 

But do go to a lawyer first and advise them of the situation, and that you want the lawyer to meet with them, the lawyer to have a letter for them, stating your terms and conditions of the 50/50 split, otherwise if they don't show, do what you said you would, then leave the country quick smart, to perhaps return at a later date, but do make sure you don't leave any evidence of you having done what you did, as for burning the house down, make sure you book your ticket, be on the flight when the land is being contaminated and the house is burning down, won't cost you much to find someone to do it, and pay cash, not having withdrawn lump sums out of the bank or transfers, no trails/traces, not even phone calls to the intending.

 

This is totally illegal, i.e. if you go ahead with it and do get caught, you could do jail time, so chew it over, for me, I have chewed over already and know what I would be doing, but this may not suit you.

 

Good luck which ever way you decide to go, as your going to need it.

Edited September 2, 2018 by 4MyEgo

[Media1]

19 hours ago, 473geo said:

Interesting thread, ignoring all the bitterness, gloom merchants, and those that apparently are almost ready to jump off a cliff at the thought of a Thai woman seeking their affection......

 

Do you really need to sell, is it possible to mortgage the property to provide funding for you to move on and the children make the payments to retain the same?

There not his kids LOL. They want AALLLLĹLLLL

[Scouse123]

16 minutes ago, 4MyEgo said:

1) Sorry for your loss

 

2) Sorry that there is a dispute with the kids

 

In my opinion, it would appear that your back is up against the wall and they know it.

 

Now it appears that these kids, now grown ups think they have it all worked out, suffice to say, they know you don't want to go to court and spend money on maybe a lose, so they will just sit it out, hoping that you vacate, and they probably have more life in them than you do, so if you want to change the ball game around, and play hard, i.e. either it's going to be a win/win situation 50/50 or a total loss to all parties, meaning that you have to let them know that you have decided that you are not going to take this anymore and are going to leave with or without your 50%, they will probably be thinking they have won, then you will finish your sentence, if we do not agree to split 50/50 you will not be able to sell the land, because I will contaminate the land within 7 days and burn the house down, no further calls or negotiations, if you are not here within 7 days signing to a 50/50 split in the presence of my lawyer, then you can have the land, and good luck selling it.

 

Then go ahead and contaminate the land, revenge is bittersweet, and it's the only way you are going to get your 50% or be out of pocket, in other words they are going to have to think is this guy serious or is he bluffing us, now they have to think, 50% to them is worth more than 0% if this mad man goes ahead with it.

 

Your call, and wish you luck, sometimes you have to call their bluff, however if it was me, it wouldn't be a bluff, I would carry it out, and yes the cost would be on me, but knowing that I ended up screwing those who wanted to screw me first, the would give me final satisfaction. 

 

But do go to a lawyer first and advise them of the situation, and that you want the lawyer to meet with them, the lawyer to have a letter for them, stating your terms and conditions of the 50/50 split, otherwise if they don't show, do what you said you would, then leave the country quick smart, to perhaps return at a later date, but do make sure you don't leave any evidence of you having done what you did, as for burning the house down, make sure you book your ticket, be on the flight when it is burning down, won't cost you much to find someone to do it.

 

Good luck

4

 

 

Nobody repeat nobody responds well to threats.

 

I think your advice is very poor in asking him to break the law, and will only lead to a full-blown confrontation. That is certainly not the route I believe he should take.

 

I agree with you about him consulting a lawyer and think that would be a far smarter move than asking advice here.

 

There are some very good lawyers in Thailand, although it took me a great many years to find one! I would not use a local lawyer or anybody by chance that could possibly know the family. I would go out of the province.

 

He needs to go see the lawyer with all documents, not hearsay or what he THINKS is his rights and ask the lawyer his rights by law as it stands and legal position moving forward.

 

Burning houses and contaminating land, which he may not even have any rights over, will lead to police involvement and arrest with a possible jail sentence. Then he will be banned/blacklisted and for sure lose everything.

 

Lastly, no matter how angry or frustrated you are, I would do this ' Thai style ' and neither speak, advertise or tell anybody what I was planning to do regards lawyers. Why tell them? Doing that you allow them to prepare a response and ruin the element of surprise.

Edited September 2, 2018 by Scouse123

[CanuckThai]

9 minutes ago, Scouse123 said:

 

 

Nobody repeat nobody responds well to threats.

 

I think your advice is very poor in asking him to break the law, and will only lead to a full-blown confrontation. That is certainly not the route I believe he should take.

 

I agree with you about him consulting a lawyer and think that would be a far smarter move than asking advice here.

 

There are some very good lawyers in Thailand, although it took me a great many years to find one! I would not use a local lawyer or anybody by chance that could possibly know the family. I would go out of the province.

 

He needs to go see the lawyer with all documents, not hearsay or what he THINKS is his rights and ask the lawyer his rights by law as it stands and legal position moving forward.

 

Burning houses and contaminating land, which he may not even have any rights over, will lead to police involvement and arrest with a possible jail sentence. Then he will be banned and for sure lose everything.

I agree with consulting with a lawyer, investigating and doing your due diligence.  Get a reasonable strategy organized, whether it's members of the "family" in your corner or a lawyer applying pressure in your favour (Canadian spell checker).

 

Worst case scenario, quietly plan your exodus, and the "Lebanese lightning".  Rumours that a kitchen curtain and the toaster has been the cause of many devastating, accidental house leveling fires.

[evilebxxx]

4 hours ago, Scouse123 said:

 

 

They could only do this if you were not strong enough to stop it. That means....you allowed it to happen.

 

I have said on this board time and time again, Thais, especially in rural areas with poor education, will push it slowly and slowly until they remove you from everything and take over. It is not done in a confrontational or aggressive way, it's gradual.

 

You have to stop it straight away before it starts and once they know it is in ' tablets of stone ' and they are not going to get anything, they skulk off into the distance.

The house is a Thai style type, as in gated moobaans, and in a urban area, bought that as completed build up house, and yes I throw all out after one week here, also I did reside in Bangkok earlier in 3 other houses which we bought during the time there  

[AGareth2]

did the op pay for the house?

he says it was gifted

 

[evilebxxx]

My former wife child male-person, fully agree with me too sell the property, he also have a committed buyer who live in Sweden, which is a Thai female women, he was here just now, with his wife, only an update  

[Scouse123]

Sir,

 

You are asking for advice and opinions but not answering TV members when they ask you questions.

 

All those years ago whose house was it?........................ Was it given to you or to your wife?................. Was it her parents' house?......... How did the house come to be 25 years ago?

[evilebxxx]

57 minutes ago, Scouse123 said:

Sir,

 

You are asking for advice and opinions but not answering TV members when they ask you questions.

 

All those years ago whose house was it?........................ Was it given to you or to your wife?................. Was it her parents' house?......... How did the house come to be 25 years ago?

NO, I bought that with cash with my personal money

[Oxx]

45 minutes ago, evilebxxx said:

NO, I bought that with cash with my personal money

 

How about answering a few basic questions:

 

(1) Did you marry your wife legally? And if so, when?

 

(2) Whose name is on the title deeds for the property?

 

(3) Did your wife make a will? And if so, who is the listed inheritor of the property?

(4) Did you make any provision to be able to live in the property after your wife's death (e.g. usufruct, lease)?

(5) Are you a troll?

[evilebxxx]

Married her 35 years ago, her maiden name, no will, no and no

[musiclover]

11 hours ago, thailand49 said:

MusicLover said "  Rubbish "?

This is just total Nonsense and Rubbish response from you!

We all are making assumptions from the lack of detail information from the ops but at least we have a reason this, on the other hand,  is "  I'm right and can't give a real reason ".

The ops haven't clarified although he said " we purchased "  how the deed is stated " is his name on the deed? "  is the assumption, my assumption it isn't! 

On a personal note!  I have a Thai wife for 18 years and an adopted son who is 19 now, from day one as far as I'm concern I purchased a 3 million baht home for us, put it under her name and the son,  next door is another 2 million baht land and built apartment unit, we have 1 truck, 1 car, 6 motorbikes,  we have a restaurant, operate 1 water purifying machine and six washing machines ALL IN HER NAME!

In the West, it is just short of 50% chance of a marriage working so the thinking what chance I have here but 18 years later still going. Why everything in her name?  there is nothing I have given them that I can't lose I've taken them from a tin can shack from the farm it isn't morally right for me to take it all away if it doesn't work. 

The longer I live in this country the more I know I did the right thing. When it comes a time she isn't around I just walk away and live in town and my son his wife and my grandaughter etc can have it all my mind will be clear and I will still be loaded which they can have too after I'm gone too.  Personally, who the <deleted> would want to own anything here and have to deal with all the B.S. they put in front of us foreigner.  

My biggest disagreement with my wife I ever had was she ask me to be 100% Thai,  I responded if you aren't joking " I'm out of here "  today 18 years!

You need to get your western thinking and assumption out of this topic!

I have no Western thinking.I have lived and worked here more than 30 years.

I have also been in exactly the same situation as the OP. Have you???

 

Has your Thai wife died with the house being in her sole name??

I think not..and hope not

 

I speak from personal experience of Thai probate law..Do you???

The OP was legally married and has plenty of rights !!!

 

Your personal situation with your wife is irrelevant? Thai law is solely relevant!!

 

i have made no assumptions as you claim.....only from what the OP has stated 

 

Most of the comments re this thread are indeed rubbish in their inaccuracies regarding Thai law and the rights of a foreign husband 

 

I speak from actual experience of Thai probate law in exactly the same circumstances as the OP....no assumptions or Western thinking ..except by you and many others!

[thailand49]

59 minutes ago, musiclover said:

I have no Western thinking.I have lived and worked here more than 30 years.

I have also been in exactly the same situation as the OP. Have you???

 

Has your Thai wife died with the house being in her sole name??

I think not..and hope not

 

I speak from personal experience of Thai probate law..Do you???

The OP was legally married and has plenty of rights !!!

 

Your personal situation with your wife is irrelevant? Thai law is solely relevant!!

 

i have made no assumptions as you claim.....only from what the OP has stated 

 

Most of the comments re this thread are indeed rubbish in their inaccuracies regarding Thai law and the rights of a foreign husband 

 

I speak from actual experience of Thai probate law in exactly the same circumstances as the OP....no assumptions or Western thinking ..except by you and many others!

The problem, in the beginning, is you never explained yourself your arrogance that anything and everything is rubbish which you made very clear to me short and simple, instead of being so arrogant you might have just stated your opinion instead of responding to everything as " rubbish "

And now to your questions, I've never had a Thai wife died and when she does I'm not going to have to worry about it like you!  My situation is relevant since I've given it all to her and my son! I don't have the burden or need to deal with the Thai system.

We post right or wrong from our own experience no one here has responded in the manner you have "rubbish" maybe because we don't have a stick up our butts and seem to be angry at the world!

Maybe if I just stated what you wrote simply " B.S."  what type of response would I get? 

You might have worked here 30 years you might think about getting out more!

Last, go to the ops post #77, based on his answer and being in Thailand I say he is Screwed!  or to be nice he has got a steep steep uphill battle.

Edited September 2, 2018 by thailand49

[musiclover]

3 minutes ago, thailand49 said:

The problem, in the beginning, is you never explained yourself your arrogance that anything and everything is rubbish which you made very clear to me short and simple, instead of being so arrogant you might have saved a lot of writing.

And now to your questions, I've never had a Thai wife died and when she does I'm not going to have to worry about it like you!  My situation is relevant since I've given it all to her and my son! I don't have the burden or need to deal with the Thai system.

We post right or wrong from our own experience no one here has responded in the manner you have "rubbish" maybe because we don't have a stick up our butts and seem to be angry at the world!

Maybe if I just stated what you wrote simply " B.S."  what type of response would I get? 

You might have worked here 30 years you might think about getting out more!

It wasn't arrogance....I was weary of going over the same points over and over again as this very subject has been under discussion before!

 

i found it amazing that posters such as you ..offer advice on matters on which you have no real knowledge!!! Why do you do this?

 

it is clear you know nothing about Thai probate law but it is your presumption and arrogance to offer advice!!  You should keep quiet on such matters ....and not show your ignorance 

 

Yes I was short in my response but only because I was appalled at so many posters, including you, offering BS advice on a subject of which they  know nothing 

 

Perhaps in your position you should yourself get acquainted with the law.......and definitely NOT offer advice to others until you do

 

My getting out more is utterly irrelevant......

[CharlieH]

Lets keep it civil please.

 

7) You will respect fellow members and post in a civil manner. No personal attacks, hateful or insulting towards other members, (flaming) Stalking of members on either the forum or via PM will not be allowed.
 

[musiclover]

2 minutes ago, CharlieH said:

Lets keep it civil please.

Indeed.....This is a very serious subject and opinions on Thai law should not be given freely without proper and relevant knowledge..

 

This seems to happen so often on TV.....especially regarding Thai law about which a remarkable ignorance is usually displayed 

 

My point is ..if you don't know then simply shut up... No post at all is better than a wrong or misleading post!!   1000 posts mean nothing in this context

 

 

[Oxx]

1 hour ago, evilebxxx said:

Married her 35 years ago, her maiden name, no will, no and no

 

The question was whether you married her legally.

 

That is, if in the case of Thailand, registered at the local amphur - not a village or local temple ceremony.  It makes a big difference.

 

[CharlieH]

Post removed, once again....

 

7) You will respect fellow members and post in a civil manner. No personal attacks, hateful or insulting towards other members, (flaming) Stalking of members on either the forum or via PM will not be allowed.

8.) You will not post disruptive or inflammatory messages, vulgarities, obscenities or profanities.

 

 

If this continues a posting "holiday" will follow.

[evilebxxx]

51 minutes ago, Oxx said:

 

The question was whether you married her legally.

 

That is, if in the case of Thailand, registered at the local amphur - not a village or local temple ceremony.  It makes a big difference.

 

Yes, legally, still have the official original certificate, also found out thru a friend the woman which is the cause of this matter, current face book account, and her present real name

[musiclover]

15 minutes ago, evilebxxx said:

Yes, legally, still have the official original certificate, also found out thru a friend the woman which is the cause of this matter, current face book account, and her present real name

 

15 minutes ago, evilebxxx said:

Yes, legally, still have the official original certificate, also found out thru a friend the woman which is the cause of this matter, current face book account, and her present real name

Ok....1.You are married legally (not village stuff)

.         2. Your wife died intestate.....no will

.        3. You paid for the house which is in your wife's name,. And I assume and hope you have some evidence of this. I also assume (perhaps mistakenly) that your wife did not possess the funds to purchase the house herself..

 

So......you have the right to 50% of all assets plus a share of the other 50% to be divided equally between you and others lawful heirs (2?)

 

This is Thai probate law and it is of no relevance if you are Thai or a foreigner as long as you are legal spouse.

 

Thai law is clear on this matter and is even obtainable in English!!!!

 

The family and others swarming around is normal I'm afraid but other than the rightful and legal heirs, they have no rights whatsoever..

 

I have personally been there and experienced all this....

 

Know your rights....get a lawyer to deal with the matter and make sure the lawyer KNOWS that you know your rights as legal spouse!!!

[evilebxxx]

5 hours ago, musiclover said:

 

Ok....1.You are married legally (not village stuff)

.         2. Your wife died intestate.....no will

.        3. You paid for the house which is in your wife's name,. And I assume and hope you have some evidence of this. I also assume (perhaps mistakenly) that your wife did not possess the funds to purchase the house herself..

 

So......you have the right to 50% of all assets plus a share of the other 50% to be divided equally between you and others lawful heirs (2?)

 

This is Thai probate law and it is of no relevance if you are Thai or a foreigner as long as you are legal spouse.

  

Thai law is clear on this matter and is even obtainable in English!!!!

 

The family and others swarming around is normal I'm afraid but other than the rightful and legal heirs, they have no rights whatsoever..

 

I have personally been there and experienced all this....

 

Know your rights....get a lawyer to deal with the matter and make sure the lawyer KNOWS that you know your rights as legal spouse!!!

Thanks a lot, posted your legal advice on her Face book Timeline Page, and also sent her a message, which was seen so, but not yet acted on, she has to make a decision,  

[thailand49]

4 hours ago, evilebxxx said:

Thanks a lot, posted your legal advice on her Face book Timeline Page, and also sent her a message, which was seen so, but not yet acted on, she has to make a decision,  

It would be very interesting if you can continue to post your situation. As you know I and a number of posters have a much more different view of the Thai legal system it doesn't mean I or anyone wish you the worse regardless of the negative views towards the system. This is why in my own situation I've done completely the opposite. Although not the divorce I've had to use the Thai legal system here and know regardless of the law which seems to be in your favor as stated every case is different although it might seem similar.

Continue to post?  Good luck!

[musiclover]

9 hours ago, evilebxxx said:

Thanks a lot, posted your legal advice on her Face book Timeline Page, and also sent her a message, which was seen so, but not yet acted on, she has to make a decision,  

To be clear on this, (unlike other posters, ) I have not offered any advice except to get a knowledgable lawyer to deal with it.    I have simply made you aware of Thai probate law as it affects you in this situation 

 

Some of my previous comments were indeed acerbic and short and that was because I was baffled as to why some posters WERE offering advice...in complete ignorance of Thai law.. a most dangerous thing to do... The blind leading the blind!

 

i am not sure that posting all this legal stuff on Facebook is a good idea     as you haven't got a lawyer yet....

 

 

[musiclover]

5 hours ago, thailand49 said:

It would be very interesting if you can continue to post your situation. As you know I and a number of posters have a much more different view of the Thai legal system it doesn't mean I or anyone wish you the worse regardless of the negative views towards the system. This is why in my own situation I've done completely the opposite. Although not the divorce I've had to use the Thai legal system here and know regardless of the law which seems to be in your favor as stated every case is different although it might seem similar.

Continue to post?  Good luck!

In the specific case of a Thai spouse dying intestate, Thai law is quite clear as to the legal rights of the other spouse. It is written law and in English too and thus available to everyone 

 

[evilebxxx]

7 hours ago, thailand49 said:

It would be very interesting if you can continue to post your situation. As you know I and a number of posters have a much more different view of the Thai legal system it doesn't mean I or anyone wish you the worse regardless of the negative views towards the system. This is why in my own situation I've done completely the opposite. Although not the divorce I've had to use the Thai legal system here and know regardless of the law which seems to be in your favor as stated every case is different although it might seem similar.

Continue to post?  Good luck!

Hopefully final update, seems to end peacefully

Got an positive indication hint after my post, from a friend,

and her profile picture changed to a blank

She also accepted my friend request, also sent a thump up, and her brother ask for asked for friend request, and my friend called me and says, she is ready to talk, when to sell matters  

[CharlieH]

A post commenting on Moderation has been removed also a post quoting and responding to same.

 

10) Do not discuss moderation publicly in the open forum; this includes individual actions, and specific or general policies and issues. You may send a PM to a moderator to discuss individual actions or email support (at) thaivisa.com to discuss moderation policy.