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

[Chazar]

1 hour ago, PETERTHEEATER said:

One tied to a railroad track to atone for their sins.....

ah u beat me to it

[Krataiboy]

3 hours 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?

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.

I'm no expert, but when I married I was advised that in a divorce under Thai law, a couple are entitled to keep any personal possessions (gifts, for example) and/or any assets acquired before marriage.

 

Items acquired after marriage are considered as jointly owned and therefore should be divided equally.

 

This applies to a house, condo or other property acquired as a married couple, irrespective of who paid for the purchase or in who is registered as the owner. Post-divorce, each partner would be entitled to half the sale proceeds.

[Almer]

5 hours ago, OneMoreFarang said:

What is an "online lawyer"?

When your thai wife dies then what happens, no children in the marriage. Xx

[Mick501]

Learnt from recent personal experience and research that "res judicata", or precedent from higher courts, does not exist in Thailand.

 

Witnessed first hand that there is no stenographer in court, and the judge simply paraphrases a summary of the evidence on to a recorder.  The formal court record consists purely of the judge paraphrasing, and not the actual evidence given.   It would be impossible to develop precedent with that system, and it also explains the enormous variations in court results (no doubt there are other explanations).  

 

Maybe this guy is hoping for the advent of "online judges."

[BigFun]

6 hours ago, OneMoreFarang said:

What is an "online lawyer"?

Someone who comments online as you do, difference being they know what they're talking about ????

[ukrules]

4 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?

Indeed, you make an important point regarding what is common law because if we're married merely by living with someone then this should open up some interesting immigration possibilities

 

If you're married according to the law then the law must recognise it because as we've all been recently told - 'the law is the law'.....

[bkk6060]

3 hours ago, Lacessit said:

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?

You would be surprised.

Have you updated the Aus will??

If not it is all fair game.

[marcho]

3 hours ago, Lacessit said:

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?

No one will touch any assets  in Australia. Unless you are silly enough to tell your wife you have Land and Money there. Then depending on the a Thai woman. The will in Thailand is the one that matters here, Aus. will dont stand up here. Please feel free to correct me.

[Skallywag]

7 hours ago, webfact said:

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

I like how he says "when" break-ups occur, not "if" .  

Likely will end up as a new form at your local Immigration office

IO, "You live with Thai girl?" Expat,  "Yes".

IO, "fill out form TM-69, listing all your assets before we accept your Non-Imm extension application"

[Skallywag]

27 minutes ago, ukrules said:

what exactly is "common law" marriage here

Here is a scenario.  You rent a house/apartment, gf gets the owner to put her name on the water bill.

"when" the break-up occurs, she has proof she is living there (water bill), thus gets 50% of what you have. 

Politics and the Law, stay away from getting involved with either if possible

 

[curlylekan]

5 hours 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?

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.

The first line you wrote is true, at least for Georgia, so something must've happened when the lawyers for your parents got together. Women in the states are no longer entitled to as much as they once were.

[Classic Ray]

The purpose of the post is to advertise the services of the online lawyer, not to inform.

[Destiny1990]

3 hours ago, marko kok prong said:

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.

So how much you lost?

Not sure I would be feeling that comfortable in that remote house of urs. 

[ICELANDMAN]

16 minutes ago, Destiny1990 said:

So how much you lost?

Not sure I would be feeling that comfortable in that remote house of urs. 

3.7 M but he happy he said because now living alone, everything at a price

[Destiny1990]

1 hour ago, ICELANDMAN said:

3.7 M but he happy he said because now living alone, everything at a price

Not sure he completely off the hook with his 3,7 M Bht.

[wisperone]

10 hours ago, OneMoreFarang said:

What is an "online lawyer"?

As opposed to one who plays a lawyer on television. (I was gonna say TV for short, but that could be misleading out here...although there are lots of TV lawyers out here too)????

[wisperone]

5 hours ago, Krataiboy said:

I'm no expert, but when I married I was advised that in a divorce under Thai law, a couple are entitled to keep any personal possessions (gifts, for example) and/or any assets acquired before marriage.

 

Items acquired after marriage are considered as jointly owned and therefore should be divided equally.

So lets say I get married... I have 10mm in my bank account. I then buy a house and car after we get married with the savings in my bank account. Next year we get divorced. Do we split the house and car 50 50 because it was purchased after we married....but it was with my saved money from before we got married. Did not work during marriage.

[Krataiboy]

29 minutes ago, wisperone said:

So lets say I get married... I have 10mm in my bank account. I then buy a house and car after we get married with the savings in my bank account. Next year we get divorced. Do we split the house and car 50 50 because it was purchased after we married....but it was with my saved money from before we got married. Did not work during marriage.

As I understand it, all property and other assets - such as a car -  purchased after marriage are treated jointly-owned by both partners, irrespective of who provided the money or the source of the finance.

[holy cow cm]

A Will will establishes all. But in my case my kids get it all before the other outside members as they are good kids and no outside member is something I don't have precautionary boundaries set up all ready to combat. No one outside my crew needs to bother. . Wife is great as well and deserves every cent. Not going to happen for the abroad money in banks which is too much money. They cannot touch that without a will.

[holy cow cm]

Biggest thing is if it came to  that, I have all papers stating my investment for a house, so it stays 50/50. Just be smart everyone. 

[gk10002000]

11 hours ago, BritManToo said:

Probably no legal qualifications either.

probably has a law degree, maybe even an accredited one, but is not licensed to practice in any state, or province or whatever governs Thai practices.

[justin case]

11 hours ago, Krataiboy said:

As I understand it, all property and other assets - such as a car -  purchased after marriage are treated jointly-owned by both partners, irrespective of who provided the money or the source of the finance.

in theory that is fine

 

they the lawyer colludes with the mediator and this is thailand, possibly YOUR own lawyer will F. you if they can make and take money from both sides

 

in theory, I also thought I would get 50/50 on houses

 

ended up with nothing at all, even I paid cash for 10+ years

 

no paper trail = who has the name on the land deed... end of story

[marko kok prong]

16 hours ago, Destiny1990 said:

So how much you lost?

Not sure I would be feeling that comfortable in that remote house of urs. 

Have security camera's,2 falang nieghbours,and all doors /windows have extra locks,so fairly secure old chap.

[RocketDog]

23 hours 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?

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.

Valid point; hence the need for a legal document stating who owns what before cohabitation.

[marko kok prong]

12 hours ago, holy cow cm said:

Biggest thing is if it came to  that, I have all papers stating my investment for a house, so it stays 50/50. Just be smart everyone. 

Same i have all the paperwork,even down to reciepts for the furniture,the ex was happy with 2 mil and new car,i have a large sum overseas that she knows nothing of,so to be honest it was chump change and well worth it to get the witch and her 2 brats away from me, she has spent most of it already on her Thai guy,who is younger than her,once it's gone no doubt he will be on the lookout for fresh meat.

[holy cow cm]

49 minutes ago, marko kok prong said:

Same i have all the paperwork,even down to reciepts for the furniture,the ex was happy with 2 mil and new car,i have a large sum overseas that she knows nothing of,so to be honest it was chump change and well worth it to get the witch and her 2 brats away from me, she has spent most of it already on her Thai guy,who is younger than her,once it's gone no doubt he will be on the lookout for fresh meat.

Yikes

[Destiny1990]

3 hours ago, marko kok prong said:

Have security camera's,2 falang nieghbours,and all doors /windows have extra locks,so fairly secure old chap.

What will happen with ur estate after ur death? Can ur ex claim the land then?

[dimitriv]

On 10/15/2019 at 7:19 AM, rrremo said:

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

 

You mean someone who travels and works at the beach or in a coffeeshop?  Also known as a digital nomad?

[SanookTeufel]

On 10/15/2019 at 7:11 AM, curlylekan said:

The first line you wrote is true, at least for Georgia, so something must've happened when the lawyers for your parents got together. Women in the states are no longer entitled to as much as they once were.

Georgia sounds like a nice place.

[Angry Dragon]

On 10/15/2019 at 2:51 PM, blackcab said:

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. 

If this is indeed the law, then it's far more of a shame than this lawyer's reading of common law marriage.

 

Deadbeat dads will have the power to decide if their child is legitimate and thus an heir?  Let a DNA test be the determinative factor.  That might help start putting a dent in the massive teen pregnancy rate here.