can a Thai wife get half your inheritance as well?

[BananaBandit]

I read a TV thread or two that says if you legally marry in Thailand, your wife can probably score half your assets if you (when you inevitably) divorce. 

 

I thought I read somewhere that this "get half your assets" does NOT apply to inheritance, however. 

 

Is that true?    

 

Or is your beloved entitled to half your inheritance as well, even if the inheritance didn't kick in until after you legally married ?

 

(  by the way, i'm aware there's such a thing as a pre-nup, but i also heard that a Thai pre-nup often ain't worth the paper it's printed on  )

[dimitriv]

In most countries: If you are married and you pass away your inheritance will be divided between your wife and children. 

 

If you are divorced she will not get anything. But without a pre-nup she will already have half so she will have nothing to complain about.

 

I have no specific knowledge about Thai laws. But there must be people here with real life experiences ????

 

 

Edited November 3, 2019 by dimitriv

[helloagain]

Go and ask a thai lawyer. Talk them on phone if you in your own country but make a payment first they not do for free

[dotpoom]

8 hours ago, dimitriv said:

But without a pre-nup she will already have half so she will have nothing to complain about.

What if he left nothing but bills and debts?

[Preacher]

It depends. In most countries, Thailand included, it is either that inheritances are personal properties that don't need to be split or in your last will you can determine that the inheritance is not to be considered joined property. 

 

 

[dimitriv]

31 minutes ago, dotpoom said:

What if he left nothing but bills and debts?

 

Where I come from having a divorce when in debt is a problem. Without pre-nup you will be both for 100% responsible for paying the debt.

 

 

[dimitriv]

6 minutes ago, Preacher said:

It depends. In most countries, Thailand included, it is either that inheritances are personal properties that don't need to be split or in your last will you can determine that the inheritance is not to be considered joined property. 

 

 

 

This is not completely true. When you are married without pre-nup your possessions will be owned by both of you. If you pass away your inheritance will be only your part of the possessions (50%). She already owns half. You cannot change this in your will. The only way to prevent this is with a pre-nup.

 

Your half is the inheritance which will be divided between the wife you are married with and your children. In your will you can change some things, but not everything is possible.

 

[elgenon]

It sounds like the TV posters are not sure if the OP meant an inheritance he gets or an inheritance he leaves. it's not clear.

[dimitriv]

38 minutes ago, elgenon said:

It sounds like the TV posters are not sure if the OP meant an inheritance he gets or an inheritance he leaves. it's not clear.

 

This is different in different countries.

 

In NL when someone was married before 2018 an inheritance you received when married without pre-nup would go to both. They changed the laws, and now an inheritance goes to the person who is the heir. Even when married without pre-nup.

 

The testator can give a deviating solution in his will. This is decisive.

 

It is also interesting to know whether Thai legislation is in force or the legislation of your home country.

 

Probably best to consult a good tax advisor. 

 

[BananaBandit]

1 hour ago, elgenon said:

It sounds like the TV posters are not sure if the OP meant an inheritance he gets or an inheritance he leaves. it's not clear.

the inheritance that i get. 

 

i'm not even thinking about a will at this point. i probably have another 5 decades left on this planet. 

 

i'm talkin' about  divorce.     would my thai wife get half of any inheritance i receive after we get legally married ?

 

i'm a US national, in case that makes a difference. 

 

i heard that thai pre-nups aren't exactly iron-clad documents.  do people feel differently ?

[Time Traveller]

Generally, without a prenup agreement, assets acquired during marriage would be split up evenly in a divorce settlement. 

But, I'm not quite sure I understand your question as it seems you are using terminology incorrectly. Inheritance is something that you receive from someone else's estate. So if that's what you mean, then yes in divorce you may have to give up half of your inheritance in the event you received in during the time you were married.

If however, you mean your estate after you die, then without a will the first heir to your estate would be the assets go to your legal wife. IF no legal wife, it would be split evenly between your children. 

Edited November 4, 2019 by Time Traveller

[snowgard]

Quote

I read a TV thread or two that says if you legally marry in Thailand, your wife can probably score half your assets if you (when you inevitably) divorce. 

Read this:

http://www.thailawonline.com/en/family/divorce-in-thailand/how-to-divorce.html

https://www.samuiforsale.com/law-texts/thai-divorce-law-translation-of-civil-marriage-laws.html

[pixelaoffy]

Thai law shouldnt  have any impact on anything outside its borders, Certainly not in developed countries who ought to understand how the rights of foreigners in the country are not much better than a dog, and Im serious! Anyone who knows about rights of Dogs here will know what I mean !

Edited November 4, 2019 by pixelaoffy

[Captain 776]

Lololol if ya have a medical question........ask a doctor.

 

If you have a legal question.....?ask here?

[Lacessit]

AFAIK it is only assets accumulated AFTER the marriage that are split 50:50 under Thai law in the event of divorce. Defacto relationships are not recognised.

It depends on whether a Thai court would regard that as an accumulated asset. Personally, as a foreigner I would not like to test that in a Thai court against a Thai.

[Tony125]

2 hours ago, BananaBandit said:

the inheritance that i get. 

 

i'm not even thinking about a will at this point. i probably have another 5 decades left on this planet. 

 

i'm talkin' about  divorce.     would my thai wife get half of any inheritance i receive after we get legally married ?

 

i'm a US national, in case that makes a difference. 

 

i heard that thai pre-nups aren't exactly iron-clad documents.  do people feel differently ?

This from previous posts: No, neither of you have to share land or cash received from a death or gifted to the spouse. Recently had a post where a Brit had parent die and wanted to know if he had to share the money with wife in a diviorce. Lawyer came on TV and stated that funds/property bequethed or gifted to either spouse is not considered marital property and therefore does not have to be split in a divorice. See "Sin Suan Tua "

 

http://thailaws.com/law/t_laws/TCCC-book5.pdf  

Read the above Thai law concerning property ownership. ESpecially 1471 Sin Suan Tua  #3 property recived after marriage thru a will or gift shall be considered same as #1 property owned by each spouse before the marriage

 Any property willed or gifted to either party is not considered as sin som ros and therefore does not come under the 50-50 rule.

 

Concerning a prenup if you are legally married a diviorce court can overrule the prenup if it considers it blatantly unfair to the other party .

Edited November 4, 2019 by Tony125

[khunPer]

17 hours ago, BananaBandit said:

I read a TV thread or two that says if you legally marry in Thailand, your wife can probably score half your assets if you (when you inevitably) divorce. 

 

I thought I read somewhere that this "get half your assets" does NOT apply to inheritance, however. 

 

Is that true?

After Thai law what is owned by the two parts before marriage is separate property, whilst what is added after the marriage is common property, and shall be split in 50/50 upon divorce. However, making a prenup is advisable, also if there are assets abroad that might not be covered by Thai law, but by whatever foreign law that applies.

 

Making a last will, or rather two – one in Thailand for Thai assets, and one in the foreigner's home country for foreign assets – is very advisable.

 

If no last will in Thailand, the wife is entitled to half of the assets, the other half goes to children (if any), or parents, or next of kind in line specified by the law.

 

With a last Thai-will the testator can decide fully about the Thai properties, for example leave nil/zero for the wife.

 

A foreign will for testator's foreign properties follows the law of that country. In my Scandinavian home country, for example, there will always be a minimum inheritance for wife and children, 15 percent reserved portions for each, no matter if a last will says otherwise.

[TTL2]

6 hours ago, dotpoom said:

What if he left nothing but bills and debts?

That doesn't count much unless it is legal debts instead of non-documented debts which usually people tend to borrow from private non-license lender.

[mrfaroukh]

Keep it simple, 

Don't marry

[BananaBandit]

6 hours ago, Captain 776 said:

Lololol if ya have a medical question........ask a doctor.

 

If you have a legal question.....?ask here?

Yeah, ask here. Some of these people gave some helpful explanations, or provided links to quality information. 

 

As for your first line, "if you have a medical question" .....yeah, ask here as well...    There's a frequent TV poster named Sheryl who's more knowledgeable than most Ivy League MDs, certainly if it's something specific to SEA.  

 

I also strongly recommend TV for relationship advice. 

Edited November 4, 2019 by BananaBandit

[Tony125]

8 hours ago, khunPer said:

After Thai law what is owned by the two parts before marriage is separate property, whilst what is added after the marriage is common property, and shall be split in 50/50 upon divorce. However, making a prenup is advisable, also if there are assets abroad that might not be covered by Thai law, but by whatever foreign law that applies.

 

Making a last will, or rather two – one in Thailand for Thai assets, and one in the foreigner's home country for foreign assets – is very advisable.

 

If no last will in Thailand, the wife is entitled to half of the assets, the other half goes to children (if any), or parents, or next of kind in line specified by the law.

 

With a last Thai-will the testator can decide fully about the Thai properties, for example leave nil/zero for the wife.

 

A foreign will for testator's foreign properties follows the law of that country. In my Scandinavian home country, for example, there will always be a minimum inheritance for wife and children, 15 percent reserved portions for each, no matter if a last will says otherwise.

You are inncorect read my post #16 I post the Thai lAw and section it covers---property/money bequethed to either spouse after marriage is NOT marriage property .

[Johnthplumb]

14 hours ago, BananaBandit said:

the inheritance that i get. 

 

i'm not even thinking about a will at this point. i probably have another 5 decades left on this planet. 

 

i'm talkin' about  divorce.     would my thai wife get half of any inheritance i receive after we get legally married ?

 

i'm a US national, in case that makes a difference. 

 

i heard that thai pre-nups aren't exactly iron-clad documents.  do people feel differently ?

i probably have another 5 decades left on thisplanet. 

 

You did say you were married to a Thai lady ?

[justin case]

don't say, get nothing

 

if your children are minor and thai, the dear ex can claim to become guardian

 

and drain the accounts

 

thai penalty for parent stealing your children's money : 0

 

as children cannot sue their parents

 

 

 

 

[HHTel]

As has already been said, gifted or willed assets are not part of marital assets.  One has no claim on the other.

 

Quote

1. property belonging to either spouse before marriage
2. property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse
3. property acquired by either spouse during marriage through a will or gift
4. Khongman (Engagement Property).

 

[sencelebi]

On 11/4/2019 at 11:13 AM, BananaBandit said:

the inheritance that i get. 

 

i'm not even thinking about a will at this point. i probably have another 5 decades left on this planet. 

 

i'm talkin' about  divorce.     would my thai wife get half of any inheritance i receive after we get legally married ?

 

i'm a US national, in case that makes a difference. 

 

i heard that thai pre-nups aren't exactly iron-clad documents.  do people feel differently ?

I am US national too. If you bring your inheritance here then yes she has right to own half of it. But if you keep it in the states than different story. Remember Thai laws always on side of Thai nationals or they make it work that way. 

[pookondee]

On 11/4/2019 at 11:30 AM, Captain 776 said:

Lololol if ya have a medical question........ask a doctor.

 

If you have a legal question.....?ask here?

yeah, and whats even sillier is the posters answering with:

"in my country....."

or

"in most countries....." 

 

which in Thailand is absolutely useless to even bringing up..sheez

 

Anyway..

If you are left an estate, or have a windfall or such back home,

how does anyone in Thailand know about it unless you tell them?

[Delight]

In the event of a divorce (in Thailand) assets accrued during marriage are split 50 /50

Given that your  inheritance was received by you during marriage then she will be entitled to 50% of everything.

However if this inheritance remains in your home country -then I doubt that Thai law will allow your ex wife to touch it.

As is already stated  lawyer advice is required.

 

 

 

 

[Captain 776]

No matter where you are from..........be sure to have a Will, without one you leave a huge mess behind.

 

in USA, if your marriage in another country is proper and properly recorded it will be probated the same as if married in USA.

[Jip99]

1 minute ago, Captain 776 said:

No matter where you are from..........be sure to have a Will, without one you leave a huge mess behind.

 

in USA, if your marriage in another country is proper and properly recorded it will be probated the same as if married in USA.

 

Don’t forget that marriage invalidates existing Wills.

 

You will need to make a new one or the wife will most likely get everything in your home country under intestacy rules. Slightly different in Thailand where she automatically gets 50% and there may be other statutory heirs

[Boit]

Get a prenup before marriage.