Division of assets after divorce

[villageidiotY2K]

Hello my friends, I'm aware once divorced to a Thai national, you've got to divide 50% of each other's assets acquired after the marriage. 

 

But what is the case for cash in the bank account in Thailand and overseas? 

Such as income acquired after the marriage. 

[tonray]

19 minutes ago, villageidiotY2K said:

But what is the case for cash in the bank account in Thailand and overseas? 

Such as income acquired after the marriage. 

Cash is considered an asset just like any other property

[5633572526]

If you didn’t get that out of all joint accounts before you filed you deserve to lose it all. A fool and his money are soon parted.

[TallGuyJohninBKK]

8 minutes ago, 5633572526 said:

If you didn’t get that out of all joint accounts before you filed you deserve to lose it all. A fool and his money are soon parted.

 

AFAIK, it's not just joint accounts that would be subject to 50-50 division. Even sole party accounts would be included, IF the funds in those accounts accrued to either party DURING their marriage.  Assets accrued prior to marriage are supposed to remain with each individual party.

 

Accounts in a different country are a somewhat different matter, AFAIK. I don't think the Thai courts have any jurisdiction over assets outside the country. Although, one of the spouses could go to that other country and file for divorce there as well if they had the ability to travel, get a visa, and could stay a while.

 

 

[phantomfiddler]

An awful lot depends on who it was that you married ! If, like myself and many others, you married an outright hooker, this is a completely different scenario than if you married a straight respectable educated partner. Many years ago I was 100% legally married here, with millions in property and in the bank, and got out of it completely divorced for 500Bht. My lawyer simply phoned her up and told her that, if she came down to the Amphur and signed on the dotted line, he would give her 500Bht. If she would not do this, he said he would take her to court and PROMISED her that she would not get one single penny. He told me, after all was done and dusted, that if he had taken her to court everyone in that courtroom would have been totally aware of what she was, that not one of them would ever allow such a person in their house under any circumstances, and that she stood no chance of winning anything. Many people in such circumstances throw their arms in the air and let the ex walk away with everything, so sometimes one must figure whether you want to work for years and hand it all over to some scheming tart or not ? p.s. And the lawyer was free ????

[seancbk]

12 minutes ago, phantomfiddler said:

An awful lot depends on who it was that you married ! If, like myself and many others, you married an outright hooker, this is a completely different scenario than if you married a straight respectable educated partner. Many years ago I was 100% legally married here, with millions in property and in the bank, and got out of it completely divorced for 500Bht. My lawyer simply phoned her up and told her that, if she came down to the Amphur and signed on the dotted line, he would give her 500Bht. If she would not do this, he said he would take her to court and PROMISED her that she would not get one single penny. He told me, after all was done and dusted, that if he had taken her to court everyone in that courtroom would have been totally aware of what she was, that not one of them would ever allow such a person in their house under any circumstances, and that she stood no chance of winning anything. Many people in such circumstances throw their arms in the air and let the ex walk away with everything, so sometimes one must figure whether you want to work for years and hand it all over to some scheming tart or not ? p.s. And the lawyer was free ????

 

Did you marry your lawyer?

[tonray]

9 minutes ago, seancbk said:

 

Did you marry your lawyer?

Didn't he say he was done with prostitutes....ha ha ha ha ha

[kwonitoy]

If you've got cash in a Thai bank transfer it OUT of the country immediately.

Money overseas matter nothing in a Thai court, Personal experience.

I stood in court and the little women wanted half of a condo, all of a house and rubber plantation, six cars (I only have 2) and half of 100 million baht ( I don't have that kind of money, if I did I wouldn't be in Thailand)

Judge asked me if I had a 100 million baht, I said no I have 800,000 in the bank for my visa.

Judge asked who paid for the condo, house, rubber plantation.

Me says I

Judge asks me if I want to give the soon to be ex wife half

No says I

Judge ask me if I want to give her anything at all

No say I

Bang goes the gavel, I'm divorced and the wife gets nothing.

Now she can sue me for what she thinks she deserves, but I've been in lots of court cases here and it can drag out for a loooong time if you want it too.

Once the planes are flying again Me and my son are gone back to the first world and hunny bunny can go pound sand.

Lawyer cost 30,000 baht, BTW. Best money I ever spent.

[sanuk711]

What was yours before marriage remains yours---same for her. What was accumulated during the marriage 50-50.

 

Under Thai Law, properties during divorce may fall into two categories;

Sin Suan Tua as separate property & Sin Somros as marital property.

 

SIN SUAN TUA - considered as separate property to a marriage are the following:

Property belonging to either spouse before marriage;

Property for personal use, clothes or ornaments;

Property acquired by either spouse during marriage by will or gift;

Khongman (dowry).

SIN SOMROS – considered as marital property are as follow:

Property acquired during marriage;

Property acquired by either spouse during marriage through a will or gift;

Fruits of the Sin Suan Tua (fruits of the separate property);

In case of doubt as to whether a property is Sin Somros or not, it shall be presumed to be Sin Somros.

 

.

[bkk6060]

17 minutes ago, kwonitoy said:

If you've got cash in a Thai bank transfer it OUT of the country immediately.

Money overseas matter nothing in a Thai court, Personal experience.

I stood in court and the little women wanted half of a condo, all of a house and rubber plantation, six cars (I only have 2) and half of 100 million baht ( I don't have that kind of money, if I did I wouldn't be in Thailand)

Judge asked me if I had a 100 million baht, I said no I have 800,000 in the bank for my visa.

Judge asked who paid for the condo, house, rubber plantation.

Me says I

Judge asks me if I want to give the soon to be ex wife half

No says I

Judge ask me if I want to give her anything at all

No say I

Bang goes the gavel, I'm divorced and the wife gets nothing.

Now she can sue me for what she thinks she deserves, but I've been in lots of court cases here and it can drag out for a loooong time if you want it too.

Once the planes are flying again Me and my son are gone back to the first world and hunny bunny can go pound sand.

Lawyer cost 30,000 baht, BTW. Best money I ever spent.

Geez, good luck it will end up being 50/50.

I hope everyone knows they do have prenup agreements here.

And, sorry nothing personal to those who do but why get married?

Especially older guys I bet 80% have been married and divorced before I guess they learned nothing from that experience?

There are 10,000's of girls here that would be more then happy to live with you without the marriage.

Especially if one has a little money to take care of their basic needs and maybe their kid no need to marry them at all.

[GreasyFingers]

1 hour ago, phantomfiddler said:

And the lawyer was free

That would not happen at home.

[GreasyFingers]

47 minutes ago, bkk6060 said:

Geez, good luck it will end up being 50/50.

I hope everyone knows they do have prenup agreements here.

And, sorry nothing personal to those who do but why get married?

Especially older guys I bet 80% have been married and divorced before I guess they learned nothing from that experience?

There are 10,000's of girls here that would be more then happy to live with you without the marriage.

Especially if one has a little money to take care of their basic needs and maybe their kid no need to marry them at all.

You might get to be old one day.

[kwonitoy]

1 hour ago, bkk6060 said:

Geez, good luck it will end up being 50/50.

I hope everyone knows they do have prenup agreements here.

And, sorry nothing personal to those who do but why get married?

Especially older guys I bet 80% have been married and divorced before I guess they learned nothing from that experience?

There are 10,000's of girls here that would be more then happy to live with you without the marriage.

Especially if one has a little money to take care of their basic needs and maybe their kid no need to marry them at all.

No I paid the ex wife nothing, and never will, as ruled by the judge at my divorce 

 

[BTB1977]

Cash, what cash??? Spent it all on fast women and wasted the rest would be my answer.  Let them try to find it. 

[BritManToo]

2 hours ago, bkk6060 said:

And, sorry nothing personal to those who do but why get married?

Especially older guys I bet 80% have been married and divorced before I guess they learned nothing from that experience?

I learned

1) not to tell her where (or how much) my money was and keep it in a different country,

2) to use a bank loan in her name to buy a house/car/mc.

3) not to leave money lying around in my wallet.

4) my feelings mean nothing to anyone else, so best not to base any decisions on them.

5) not to bother being faithful because she won't either.

6) if I catch an STD, shout at her for giving it to me (even if she didn't, best defense is offense).

 

Back to the OP

As other posters have suggested, she can't find any money that isn't in a Thai bank.

So you only have to divide it, if you admit to having it, how honest are you feeling?

[bwpage3]

It's crazy to think people move half way round the world to Thailand, have the choice of any woman they want to marry, and still end up getting divorced.

 

Many I presumed already divorced in their home countries.

 

 

[Kalasin Jo]

2 hours ago, tonray said:

Didn't he say he was done with prostitutes....ha ha ha ha ha

Bit harsh! Although I was an English litigation solicitor and nearly always, but not quite, as long as I was paid I did as the client instructed me! ????

Two exceptions I recall, a Nigerian client and an insurance company. Both asked me to do something unethical. The first I had to sack, the second stopped using my services. Hey Ho

 

 

 

[RichardColeman]

I don't worry about this problem, my wife is richer than me

[Bender Rodriguez]

On 6/15/2020 at 3:18 PM, 5633572526 said:

If you didn’t get that out of all joint accounts before you filed you deserve to lose it all. A fool and his money are soon parted.

exactly...

 

it costed my HALF A MILLION in fines from my lovely bank for early withdrawal

 

but the chance was my greedy ex could have STOLEN half of my LIFE savings if I have waited

 

the date of filing to the court is very important 

 

the 50/50 split .... ex wife got houses as I gave cash to my ex-wife and even my louse own lawyer did not dispute that or tried to fight for my rights, half of everything

 

later I found out, at the land department, that daddy in law, was the owner of the land, not my ex-wife, the first years of marriage ... so in case of divorce, ex wife could steal half of my money and I could get absolutely NOTHING...

 

cunning those thais...

 

 

[Bender Rodriguez]

23 hours ago, kwonitoy said:

If you've got cash in a Thai bank transfer it OUT of the country immediately.

Money overseas matter nothing in a Thai court, Personal experience.

I stood in court and the little women wanted half of a condo, all of a house and rubber plantation, six cars (I only have 2) and half of 100 million baht ( I don't have that kind of money, if I did I wouldn't be in Thailand)

Judge asked me if I had a 100 million baht, I said no I have 800,000 in the bank for my visa.

Judge asked who paid for the condo, house, rubber plantation.

Me says I

Judge asks me if I want to give the soon to be ex wife half

No says I

Judge ask me if I want to give her anything at all

No say I

Bang goes the gavel, I'm divorced and the wife gets nothing.

Now she can sue me for what she thinks she deserves, but I've been in lots of court cases here and it can drag out for a loooong time if you want it too.

Once the planes are flying again Me and my son are gone back to the first world and hunny bunny can go pound sand.

Lawyer cost 30,000 baht, BTW. Best money I ever spent.

where do you people get lawyers at 30.000 baht ?

cheapest I got was 50.000 baht and did not even ask for an english speaking one

[Bender Rodriguez]

23 hours ago, sanuk711 said:

What was yours before marriage remains yours---same for her. What was accumulated during the marriage 50-50.

 

Under Thai Law, properties during divorce may fall into two categories;

Sin Suan Tua as separate property & Sin Somros as marital property.

 

SIN SUAN TUA - considered as separate property to a marriage are the following:

Property belonging to either spouse before marriage;

Property for personal use, clothes or ornaments;

Property acquired by either spouse during marriage by will or gift;

Khongman (dowry).

SIN SOMROS – considered as marital property are as follow:

Property acquired during marriage;

Property acquired by either spouse during marriage through a will or gift;

Fruits of the Sin Suan Tua (fruits of the separate property);

In case of doubt as to whether a property is Sin Somros or not, it shall be presumed to be Sin Somros.

 

.

 

that is nice on paper

 

did you get divorced ?

 

during divorce, they ask, who paid for this or that...

 

DO YOU HAVE PROOF ?   you paid your wife in CASH ... = no proof

 

or was my lawyer a crook secretly working for my ex... as my lawyer did not go for half

[Bender Rodriguez]

20 hours ago, RichardColeman said:

I don't worry about this problem, my wife is richer than me

funny, my ex in laws have 10-100x more than me, but still tried to financially bankrupt me

[kwonitoy]

5 minutes ago, Bender Rodriguez said:

where do you people get lawyers at 30.000 baht ?

cheapest I got was 50.000 baht and did not even ask for an english speaking one

Udon Thani, older gentleman who spoke excellent English and had nothing but my interest in mind.

Before court he brought me into his office along with a certified translator and we rehearsed everything that would be said

[sanuk711]

10 minutes ago, Bender Rodriguez said:

or was my lawyer a crook secretly working for my ex... as my lawyer did not go for half

I can not answer your question-----was your lawyer a crook----Sorry.

[Bender Rodriguez]

1 hour ago, sanuk711 said:

I can not answer your question-----was your lawyer a crook----Sorry.

in stead of protecting my interests and insisting in full court and going for 50/50 split, I got a paper signed in court by my ex, she does not follow and guess what... nobody can enforce it...

nobody can force my ex to follow this garbage... leaving me in a immigration nightmare ...

 

lawyers, I think I contacted 20 of them, all ready to go to court over it, around 100.000 baht to write a 2 page petition, with ZERO guaranties off course

[sanuk711]

I'm sorry to hear your having a bad run of it..........hope it turns for you.

 

[villageidiotY2K]

How about this

Check it, check out my fl0w

 

Without official divorce, Just disappear to Mexico or China and enjoy bootylicious and 20 baht beers. 

Can they track you down!? 

 

 

I assume when returning to Thailand, you'd be apprehended at the airport and the d00msday begins again?

 

 

 

 

 

[Bender Rodriguez]

On 6/16/2020 at 4:15 PM, sanuk711 said:

I can not answer your question-----was your lawyer a crook----Sorry.

aren't they all ?

[rott]

Looks like a divorce is very likely, the only thing acquired in my name since the marriage is my state pension (based on single person). 

Would she be entitled to half this?