house master / tenant / possessor of the residence or nothing at all ?

[justin case]

divorced ex in court, by agreement via mediator in stead of full trial.

 

I can live -written agreement and signed- in the familial house (ex is owner, who else) till daughter is 20.

 

Am I pay for all costs, electricity, water, internet, repairs, facility & security fees...

 

Am I by default house master / tenant / possessor of the residence or nothing at all ?

 

My ex and her lawyer, pretend I am "nothing", I only have the right to live in her house.

 

She brought her lawyer and a rent-a-cop police to get my mother, visiting, out of the house.

 

Ex blackmailed me in forcing my daughter to go with her to "spend time" or my visiting mother, that stayed with us in th house,  would face jail / forced eviction / criminal charges of trespass against her.

 

My lawyer advised me to let my child go against her will or that my mother go to a hotel.

 

looking for any valid second opinion for this ?

[4MyEgo]

If the court sealed the signed agreement, in short I believe that your wife is the Landlord and you have a legal right to stay there for that term agreed in the agreement, you are in essence you have exclusive rights to live there rent free, therefore you are not legally a tenant because there is no monetary exchange, and she is the legal owner of the house.

 

Sorry about your situation, but if I was you, I would walk into your immigration office with the agreement and ask them the question, i.e. who does the TM30 reporting, if that is what you are asking, you or your x wife who is the legal owner of the house, can't hurt.

 

The above said, if the above question is not about the TM30, then I would ask your lawyer, what in actual fact is your situation/title, e.g. non paying tenant with exclusivity to the property for 20 years ?

Edited September 5, 2019 by 4MyEgo

[justin case]

till my daughter is 20, and that is in a few years

 

TM 30, don't care

 

my question is about:  does a farang have no status in a house he can live in by court agreement and decide who comes in and not (mother/friend/ eventual future girlfriend)...

[Max69xl]

43 minutes ago, justin case said:

till my daughter is 20, and that is in a few years

 

TM 30, don't care

 

my question is about:  does a farang have no status in a house he can live in by court agreement and decide who comes in and not (mother/friend/ eventual future girlfriend)...

If there's no rental contract at all, I would guess you don't have many rights. Like previous poster wrote,you need to talk to a good Thai lawyer.  

[bino]

As I see it, you are her guest. Her house, her rules.

 

You should care about the TM30. The fines can be considerable when you go to renew your visa.

 

As everyone else said, you should talk to your lawyer - at minimum draw up a lease agreement covering the time until your daughter is 20. You should also have clear documentation that the daughter is under your sole custody.

[emptypockets]

I guess you didn't consult a lawyer before signing the agreement. Looks like your ex did. She now has a free caretaker who pays all outgoings.

You may be stuck with exactly what you agreed to - you, and maybe only you, can live in the house.

Perhaps a good lawyer can have the agreement overturned on some grounds or other and a new agreement or even judgement in court put in place may be of benefit to you. I think you will need to be prepared to talk some serious baht though. At the moment there are no downsides from your ex's perspective.

[emptypockets]

5 hours ago, justin case said:

till my daughter is 20, and that is in a few years

 

TM 30, don't care

 

my question is about:  does a farang have no status in a house he can live in by court agreement and decide who comes in and not (mother/friend/ eventual future girlfriend)...

I don't think the nationality of the house sitter/caretaker comes into it - why should it? The agreement that was signed by both parties defines the legal status, and from what I have seen from your posts so far, you agreed that you would live there until your daughter turned 20. Your ex agreed to this. There was no mention of other guests in the agreement was there?

Just when you thought getting divorce was bad enough, now you have this to deal with on top. Have you considered simply moving out of the district and putting all this behind you. Your ex sounds like a nasty piece of work and things might only get worse for you.

[DJ54]

If you have a friend that seems to be a girlfriend stay with you in your Ex eyes....thats like sitting on the stove with the all the burners on... 

 

Hopefully it works out ....

 

a friend once told me when they had house built all was good except on thing he asked specifically to be done. He told his Chinese wife to tell builder this one thing needs to be done.

 

His wife said it’s not a big deal forget about it. He said Ok I’ll 

forget about it and every time I walk in the house and see it

I will bitch at you every time.....  she got it done correctly..

 

 

[justin case]

21 hours ago, bino said:

As I see it, you are her guest. Her house, her rules.

 

You should care about the TM30. The fines can be considerable when you go to renew your visa.

 

As everyone else said, you should talk to your lawyer - at minimum draw up a lease agreement covering the time until your daughter is 20. You should also have clear documentation that the daughter is under your sole custody.

my ex is not the agreeing type ...

 

she signed the divorce agreement in court, knowing she would break it anyway and there is no penalty in this sick country for thais not respecting

 

the only thing you can try is to sue again in court, new full trial fee where she might promise to respect the agreement she broke ... which of course, as there is no penalty fee, she will just NOT

[justin case]

18 hours ago, emptypockets said:

I don't think the nationality of the house sitter/caretaker comes into it - why should it? The agreement that was signed by both parties defines the legal status, and from what I have seen from your posts so far, you agreed that you would live there until your daughter turned 20. Your ex agreed to this. There was no mention of other guests in the agreement was there?

Just when you thought getting divorce was bad enough, now you have this to deal with on top. Have you considered simply moving out of the district and putting all this behind you. Your ex sounds like a nasty piece of work and things might only get worse for you.

 

nasty piece, you got that right

 

she got both houses and I thought by "giving" them away, she would let us in peace

 

fake promise on paper

 

moving out ... lol ... I asked to change my daughter to another school and the ex came with a letter from her lawyer in response that I have not the right to do this, only to pay for it... so moving to another district or house...

 

the living here for a few years was the only positive thing out of the divorce agreement

 

my mother came to visit for 10+ years here, I did not think to put that in writing at the time of signing the divorce agreement...

 

my head had a more urgent priorty :  my visa and stay here in thailand to be able to take care of my daughter which my ex just deserted but by thai court, still got half custody...

 

the only way a farang can get full custody is to BUY the child, but that works for POOR thai women...

[justin case]

21 hours ago, bino said:

As I see it, you are her guest. Her house, her rules.

 

You should care about the TM30. The fines can be considerable when you go to renew your visa.

 

As everyone else said, you should talk to your lawyer - at minimum draw up a lease agreement covering the time until your daughter is 20. You should also have clear documentation that the daughter is under your sole custody.

in case you doubt, all of you are guests in your wife's house, even you paid for it

 

I paid in part for both house but court needed to see monthly transactions and not cash in hand of the ex...  who makes up a contract like this in the beginning of marriage ?

 

you find out how nasty things get when you get divorced... and kids involved

 

otherwise I would have moved out ages ago

[ThaiBunny]

5 minutes ago, justin case said:

who makes up a contract like this in the beginning of marriage ?

Anyone who believes a pre-nup is a worthwhile investment

[Ddbanksy]

1 hour ago, justin case said:

in case you doubt, all of you are guests in your wife's house, even you paid for it

 

I paid in part for both house but court needed to see monthly transactions and not cash in hand of the ex...  who makes up a contract like this in the beginning of marriage ?

 

you find out how nasty things get when you get divorced... and kids involved

 

otherwise I would have moved out ages ago

After reading this,advice needed

 My plan is to build a house,hopefully this year before Chritmas, for myself(retirement) and my wife of 20 years with my money on land i paid for 25 years ago.

 Everything is in place,for when the rainy season as gone,exept a Solicitor!

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