Buying House in Wife Name - Any OTHER protections?

[Kadilo]

The last thing I would want to do is start legal proceedings to stay put on land my then ex was claiming.  Add to that the family influence etc 

 

As I’ve said before, I would be gone before they decide how I was gone. She is welcome to it. Anyone who is brave enough to start causing grief out here for their “rights” is a brave person. Good luck. 

[AtoZ]

On 1/21/2019 at 1:01 AM, NCC1701A said:

it is almost as if they are all in on a huge conspiracy. almost.

And people wonder why THB value rockets.

 

Farangs come in, marry girls who often don't have elementary school, or/and are hookers, or/and are divorced and are dirt poor.

 

Then they sign a document in foreign language saying the wifey was a multimillionaire indeed.

[mgthom63]

20 hours ago, Benroon said:

No I'm not licensed to practice law but have a fairly decent grasp of the English language. All you have done is describe the transition of an agreement into a contract proving, again, they are two different things. 

 

I'll have one more go though - an agreement is essentially based on honour and a contract on legalities. Chalk and cheese.

 

One example a bet at a betting shop is an agreement that the bookie will pay you out if you win, however these are 'agreements' and when you go to get your winnings he can simply refuse and that's it, there is no legal redress. However place a spread bet, this is a legally binding contract and IS enforceable in law. Same bet but placed under two different scenarios with very different end results.

 

I guess you could draw up a contract and title it agreement but why would you do that to undermine any case you had in court ?

 

Apart from putting it in upper case for the hard of thinking, I can't think of any clearer way of explaining that.

 

Perhaps you should START googling.

It's patently obvious you're not licensed to practise law...thank you for confirming.

 

The fatal flaw in your argument is your apparent belief that agreements and contracts are mutually exclusive.  They're not. 

 

To quote a very old and rudimentary legal adage "All contracts are an agreement, but all agreements are not contracts".

 

To help you decipher this adage:

 

1. As I stated before, an agreement can (and often does) constitute a contract...when it has the requisite lawful offer, consideration and acceptance (by persons of majority, etc, etc)...both verbal and written agreements can constitute 'contracts'

 

2. An 'agreement' does not cease to be an agreement when it 'rises' (or 'transitions', to use your language) to the level of a contract

 

3. Black's Law dictionary defines a 'contract' as: contract, n. (14c) 1. An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law <a binding contract>.

 

You made the statement "An 'agreement' is not a legally binding 'contract' !".

 

That's totally false.  An agreement can be a legally binding contract.  Had you stated "An 'agreement' may or may not be a legally binding contract" you would have been accurate.

 

Hope this helps...

[smotherb]

On 1/21/2019 at 6:52 AM, cornishcarlos said:

 

Funny, because I can confirm that it's not correct !!

We have bought 4 plots of land and I have never signed anything.

Guess it varies from office to office... Besides, what is purchased during marriage is owned 50/50 in the case of divorce.

Yeah, you get 50% of whatever sales price you can negotiate. A friend was in that situation. He built the house in her village. It was for sale for several years; the price declining as the years went by. Finally, he agreed to sell it for a pittance just to get out of it--he got something like 10% of the cost of the house. Funny, even after it was sold, his wife still lives in the house, with her "brother"

[BritManToo]

1 hour ago, Benroon said:

I know dozens of couples securely going about their business and not a single person who has been fleeced - perhaps you're all talking about the same guy ?

Yet, every foreigner, I know who bought a house has had problems in the end.

(That includes a married foreign couple from the UK and a single foreign lady from the USA)

In fact, I'm the only foreigner that I know who's managed to hang on and that was only because of the 90% home loan she couldn't pay.

[totally thaied up]

1 hour ago, Benroon said:

This thread is split between intellectually challenged paranoid individuals who believe everything they read on here

I have seen extremely smart people lose millions here on housing as they think nothing can go wrong within a marriage. I gather it also happens in the West as well, so it is not much different. Girl meets Boy and things go wrong. The big difference is in the West in many cases, you are both working and are paying off a mortgage on a house. Here in Thailand, guy meets bar girl or someone that is poor and puts up a 100% for a house thinking it is going to be alright.

 

After a few years, the marriage sours. If you are stupid enough to buy a house paying 100% for it with no input of funds from the wife, knowing that if it goes bad, you're going to be lucky to get 25% back, so you got to think very carefully about this.

 

I know guys here that have properties they have Contracts on over in remote villages that they will never be able to sell. Do you think that is smart? They cannot live out in a remote area and if the marriage or girlfriend goes sour, the only person who is going to win is the girl. Hell, I got one friend that has a house in a decent estate that he cannot sell but the girlfriend refuses to move out. How can you police all of this?

 

I would hazard to say, most of my friends would be on their ass if their marriages or the houses they build for there girlfriends went sour. Most would not be able to recover the 50% and in all cases I know, they put 100% of the cash into the purchase. 

[baansgr]

13 hours ago, BritManToo said:

Yet, every foreigner, I know who bought a house has had problems in the end.

(That includes a married foreign couple from the UK and a single foreign lady from the USA)

In fact, I'm the only foreigner that I know who's managed to hang on and that was only because of the 90% home loan she couldn't pay.

I think the only place to safely buy a property  is in Burriram Province. Apparently even though thousands of married  Thais buy properties there without needing their spouse present,  the land office specifically singles out Foreigners to rush to the land office for their own protection to sign a document stating you are entitled to half in the event of it being sold. Go Burritam,  wish all land offices were so considerate and caring towards  Foreigners. 

[Skallywag]

Caveat Emptor. 

[puchooay]

2 hours ago, baansgr said:

wish all land offices were so considerate and caring towards  Foreigners.

I totally agree.

 

I think it is scandalous that some offices make people sign documents that state something that is clearly not true.

[GinBoy2]

We now live in the US and as my wife hilariously likes to remind me. 

"Here what's yours is mine, in Thailand, what's mine is mine"

 

Wise woman my wife!