webfact Posted October 15, 2019 Share Posted October 15, 2019 Common law husband and wife must split assets 50:50 on death or divorce, online lawyer 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 -- © Copyright Thai Visa News 2019-10-15 Follow Thaivisa on LINE for breaking Thailand news and visa info Link to comment Share on other sites More sharing options...
davehowden Posted October 15, 2019 Share Posted October 15, 2019 Unless of course one is a farang in which case everything goes to the Thai partner !!!! Link to comment Share on other sites More sharing options...
OneMoreFarang Posted October 15, 2019 Share Posted October 15, 2019 What is an "online lawyer"? Link to comment Share on other sites More sharing options...
silverhawk_usa Posted October 15, 2019 Share Posted October 15, 2019 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. ???? Link to comment Share on other sites More sharing options...
SanookTeufel Posted October 15, 2019 Share Posted October 15, 2019 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. Link to comment Share on other sites More sharing options...
rrremo Posted October 15, 2019 Share Posted October 15, 2019 1 hour ago, OneMoreFarang said: What is an "online lawyer"? An online lawyer is a guy who has no job, no life and is single for most of his life. Link to comment Share on other sites More sharing options...
canopus1969 Posted October 15, 2019 Share Posted October 15, 2019 10 minutes ago, rrremo said: An online lawyer is a guy who has no job, no life and is single for most of his life. One who cannot afford an office ? Link to comment Share on other sites More sharing options...
BritManToo Posted October 15, 2019 Share Posted October 15, 2019 14 minutes ago, rrremo said: An online lawyer is a guy who has no job, no life and is single for most of his life. Probably no legal qualifications either. Link to comment Share on other sites More sharing options...
Matzzon Posted October 15, 2019 Share Posted October 15, 2019 1 hour ago, OneMoreFarang said: What is an "online lawyer"? One with virtually no clients. Link to comment Share on other sites More sharing options...
DrTuner Posted October 15, 2019 Share Posted October 15, 2019 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? Link to comment Share on other sites More sharing options...
Reigntax Posted October 15, 2019 Share Posted October 15, 2019 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 . Link to comment Share on other sites More sharing options...
justin case Posted October 15, 2019 Share Posted October 15, 2019 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..... Link to comment Share on other sites More sharing options...
TallGuyJohninBKK Posted October 15, 2019 Share Posted October 15, 2019 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. Link to comment Share on other sites More sharing options...
Lacessit Posted October 15, 2019 Share Posted October 15, 2019 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? Link to comment Share on other sites More sharing options...
BritManToo Posted October 15, 2019 Share Posted October 15, 2019 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. Link to comment Share on other sites More sharing options...
FarFlungFalang Posted October 15, 2019 Share Posted October 15, 2019 2 hours ago, OneMoreFarang said: What is an "online lawyer"? What ever they want to be! Link to comment Share on other sites More sharing options...
FarFlungFalang Posted October 15, 2019 Share Posted October 15, 2019 1 hour ago, Matzzon said: One with virtually no clients. Or one with virtual clients. Link to comment Share on other sites More sharing options...
khunano Posted October 15, 2019 Share Posted October 15, 2019 What is an online lawyer? A guy who gets paid with Bitcoin.....?? Link to comment Share on other sites More sharing options...
helloagain Posted October 15, 2019 Share Posted October 15, 2019 In eyes of uk law there is no common law wife or husband. I know this is thailand i would have thought the same. It does not seem right to me. If worried go to check with a qualified lawyer Link to comment Share on other sites More sharing options...
Orton Rd Posted October 15, 2019 Share Posted October 15, 2019 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. Link to comment Share on other sites More sharing options...
timendres Posted October 15, 2019 Share Posted October 15, 2019 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. Link to comment Share on other sites More sharing options...
Destiny1990 Posted October 15, 2019 Share Posted October 15, 2019 Could be common law but in reality for many foreigners it doesn’t ends in a 50/50 split ! Link to comment Share on other sites More sharing options...
RichardColeman Posted October 15, 2019 Share Posted October 15, 2019 3 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 important word in that is 'SHOULD' Link to comment Share on other sites More sharing options...
blackcab Posted October 15, 2019 Share Posted October 15, 2019 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. Link to comment Share on other sites More sharing options...
marko kok prong Posted October 15, 2019 Share Posted October 15, 2019 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. Link to comment Share on other sites More sharing options...
legend49 Posted October 15, 2019 Share Posted October 15, 2019 3 hours ago, OneMoreFarang said: What is an "online lawyer"? A lawyer fishing for business. Link to comment Share on other sites More sharing options...
PETERTHEEATER Posted October 15, 2019 Share Posted October 15, 2019 4 hours ago, OneMoreFarang said: What is an "online lawyer"? One tied to a railroad track to atone for their sins..... Link to comment Share on other sites More sharing options...
Ceruhe Posted October 15, 2019 Share Posted October 15, 2019 Common Law is a scam that's not even funny. Link to comment Share on other sites More sharing options...
OneMoreFarang Posted October 15, 2019 Share Posted October 15, 2019 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. Link to comment Share on other sites More sharing options...
Chazar Posted October 15, 2019 Share Posted October 15, 2019 5 hours ago, OneMoreFarang said: What is an "online lawyer"? One tied down to a railway track, which is what should be done to all of them Link to comment Share on other sites More sharing options...
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