deny entry to property - special case

 

divorced from ex last year.

 

In divorce agreement, ex is supposed to put our child to become co-owner of a property.

 

Ex agreed and signed for it in court (court divorce agreement) and had 30 days to do so.

 

Ex is doing nothing at all, no attempt to add to chanote.

 

We are 6 months post due.

 

Property is rented out to farang since years.

 

Can the child (teenager), as his rights to co-ownership are violated, put a lock on the gate to prevent the renter from entering the property, in an

attempt to force his mother to put the child as co-owner on the chanote as agreed and therefore have a right to half of the rental income paid by the renter ?
 

Can the child ask rent due for the last 6 months ?

 

Thanks

14 hours ago, justin case said:

Can the child (teenager), as his rights to co-ownership are violated, put a lock on the gate to prevent the renter from entering the property, in an

attempt to force his mother to put the child as co-owner on the chanote as agreed and therefore have a right to half of the rental income paid by the renter ?
 

Can the child ask rent due for the last 6 months ?

 

No??? Just because ownership changes or is supposed to change doesn't make any valid lease agreements invalid. It's the foreigners place and no one except him has the right to enter, if you do it's obviously against the law.

 

The foreigner has nothing to do with you and your ex, absolutely nothing. You have to go after here.

 

 

On 2/8/2020 at 11:08 AM, ThomasThBKK said:

 

No??? Just because ownership changes or is supposed to change doesn't make any valid lease agreements invalid. It's the foreigners place and no one except him has the right to enter, if you do it's obviously against the law.

 

The foreigner has nothing to do with you and your ex, absolutely nothing. You have to go after here.

 

 

Correct. 

 

Even if the property had been rented out after the ex wife was supposed to transfer, that would not necessarily invalidate the lease agreement 

 

If your wife won't agree to meet you at the land office with your son to do the transfer, then you really have to get a lawyer involved to get a court order adding your son to the Chanote

 

possibly she may be in contempt of court for failing to comply with a court order which may mean that other sanctions apply (e.g. criminal charges) but a Thai lawyer should know the law/procedure about this 

 

 

 

She may also have taken out a sizable loan against the chanote which would make transfer to other than the lien holder impossible.