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Common law husband and wife must split assets 50:50 on death or divorce, online lawyer


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Common law husband and wife must split assets 50:50 on death or divorce, online lawyer

 

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Picture: Daily News

 

A leading online lawyer has commented about what should happen to assets when couples who have not formally married split up or one dies. 

 

The comments come after a case involving a senior military man who is taking legal action against a child from an unregistered relationship that he had. 

 

Decha Kittiwitthayanan, who runs the "Thanai Khlai Thuk" (Lawyers Relieve Distress) page, told Daily News that couples who had cohabited and had children were entitled to half each in the event of divorce.

 

When one dies their child or children have the right to their half. 

 

This is called "kamasit ruam" or mutual right of ownership. It does not matter that the couple have not formally registered the marriage or who was responsible for generating the wealth or assets.

 

He cited a court ruling in this regard.

 

He said that couples should consult a lawyer regarding who owns what before living together as this can help to solve battles further down the line when break-ups occur. 

 

Source: Daily News

 

 
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-- © Copyright Thai Visa News 2019-10-15
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I have always read, and been told, that common law marriages are NOT recognized in Thailand.  I think perhaps the key words here are " cohabited and had children ".  But it is confusing when the rest of the sentence says " were entitled to half each in the event of divorce. "  How can there be a divorce if they weren't married?  Also, it states that when one dies the estate goes to the children.  This is generally the way of family in inheritance, but I ,again, was told if married it goes to the spouse first.  A very confusing article, but I am not an 'online lawyer'.  Feel free to correct me if I am wrong.  🙄

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I read that the stuff that belonged to you before marriage stays yours and the other stuff is split 50/50 after you divorce?

I thought it was true, is it not?

Makes much more sense than here in the states... The woman typically takes everything here.

I'm glad not to be speaking from experience (never married) but I've seen it first hand with my parents.

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8 minutes ago, Matzzon said:

One with virtually no clients.

MAybe they arfe virtual clients. He could have given a useful nugget too, bit didn't: what exactly is "common law" marriage here? Village wedding? Gotta prove with photos? The law as such AFAIK doesn't have such term in it. Cohabitation could mean room mates, be careful who you bunk with, when they move they'll take half of your possessions, eh?

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1 hour ago, rrremo said:

An online lawyer is a guy who has no job, no life and is single for most of his life. 

And wishes he had a defacto relationship so he could get 50% or her wealth .

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the mediator in my divorce asked:  do you have bank statements and proof that you gave your (ex)wife money monthly to pay for all the bills, house, electricity, car, etc...

 

I said: no, I gave cash each month and did not have a "contract " to give my (ex)wife this amount per month, like, who the F.  does this ?

 

so, all, houses, car, whatever goes to ..... the ex-wife

 

no proof, no 50/50

 

even EVERYTHING was obtained during the marriage and no marriage contract 

 

if farang involved in divorce, he will be  F.....

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1 hour ago, SanookTeufel said:

I read that the stuff that belonged to you before marriage stays yours and the other stuff is split 50/50 after you divorce?

I thought it was true, is it not?

 

That's what the Thai law on marriage says.... And it specifically distinguishes between separate assets a person has prior to the marriage vs. assets acquired during the marriage.

 

The OP article and the online "lawyer" guy's advice seems to totally miss the entire notion of that.

 

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Absolute rubbish. How would one split assets 50:50 if one of the partners was dead?

Whatever will is in existence determines the distribution of assets. If I have assets in Australia, how does this trolling "Thai lawyer" think he is going to get his hands on them?

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19 minutes ago, justin case said:

the mediator in my divorce asked:  do you have bank statements and proof that you gave your (ex)wife money monthly to pay for all the bills, house, electricity, car, etc...

 

I said: no, I gave cash each month and did not have a "contract " to give my (ex)wife this amount per month, like, who the F.  does this ?

Me, the home loan, all payments to gf through my bank account to their/her bank account.

Same for my step-daughter and her university/living fees.

Never put cash in any woman's hand, unless it's the morning after.

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Keep most of yer cash out of Thailand and out of greedy hands, they are welcome to house, car and the rest it if it comes to a split up. Her land of course does not come into it, they should make the woman sell it and hand over half of that, never heard of it happening.

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Classic lawyer scum. They love to quote "legal precedent" to enable them to ruin more peoples' lives.

 

Court rulings do not create laws.

Courts prosecute laws and interpret laws.

They cannot set a precedent on a law that does not exist.

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4 hours ago, webfact said:

A leading online lawyer has commented about what should happen to assets when couples who have not formally married split up or one dies.

 

The word to take note of is "should". Should is a matter of the lawyer's opinion, and not what the law says.

 

Quite simply, if you are not legally married in Thailand then your partner has no claim to your assets. In Thailand, matrimonial law does not apply to those who are not married.

 

In terms of children, it is more a matter of whether the father recognises the child as theirs by legitimising the child. If the father does this then the child becomes an heir. There may be limited times when a Court has ordered that a non-legitimised child be classed as an heir, and the lawyer quoted one such case.

 

It should be noted that a judgement in a Court in Thailand is not binding on other Courts in Thailand.

 

So what should you do? According to the lawyer, you should talk to a lawyer about it. For a price, of course.

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My ex wife tried to take my houses off me yet she had signed a legal document put together by my lawyer,that stated i had paid for the land,buildings,and contents,she reluctantly agreed to a divorce foe a 2 million baht settlement plus the new car 1 .7 mil,,but look i kept the 2 houses,worth a total of about 7.5 million.The other reason i did this was to avoid court,as we all know "Thai lak Thai",also so i did not have to sneak around with my new girlfriend,who after 2 month's decicded she was going to see her English boyfriend for 3 months in Phuket,but whatever i still got the houses and nice they are too,out in the country,nice and quiet and a beautiful pool. The quietness is worth a lot and the setting is great,almost jungle on one side and rice paddies and trees on the other,5/10 mins to town.Girlfriend of course wants to come back,but after 6 weeks now starting to forget her,we have no real contact,anyway fairly happy here on my own. These papers are not hard to draw up,one is called 'right to habitation instead" no idea if it would stand up in court,but when the cops read it,when i turfed the cheating ex out,they shrugged and told her " ban falang" so they worked then.

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3 hours ago, DrTuner said:

MAybe they arfe virtual clients. He could have given a useful nugget too, bit didn't: what exactly is "common law" marriage here? Village wedding? Gotta prove with photos? The law as such AFAIK doesn't have such term in it. Cohabitation could mean room mates, be careful who you bunk with, when they move they'll take half of your possessions, eh?

It seems pictures of a wedding is good enough according to Thai law. At least that is what I heard from a guy who wouldn't believe it - but he was convinced that's the way it is.

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