Buying a condo as a foreigner without the Thai wife having the right to claim 50% of my belongings

[EXOELO]

Hello!

 

I want to buy a condo as a foreigner. But I don't want my Thai wife to get 50% of my belongings when we (maybe) divorce.

Is there an advocate who can sort this out for me? I don't want any of my belongings; money, condo etc. going to my Thai wife and her whole family for 50% when we split.

I want my son to have all my belongings when the time is so far.

 

Are there any laws regarding 50/50% when split?

Advocates who can help me keep all my belongings to myself and save it for my son?

 

Anything will help...I'd also like to know if there are other foreigners with Thai wife's who have the same problem as me with the "share belongings stuff"?

 

Thank you in advance! I really need all the help and advice experience I can get.

[torturedsole]

6 minutes ago, EXOELO said:

I don't want any of my belongings; money, condo etc. going to my Thai wife and her whole family for 50% when we split.

I've stripped out the rest of your post as not necessary.

 

No chance that you'll not lose what you invested in LOS.  You can try to enforce some sort of guarantee / rely on the law, but it'll be a complete waste of time.  

 

Can you afford to lose it all is the more pertinent question.  

[RichardColeman]

12 minutes ago, EXOELO said:

Are there any laws regarding 50/50% when split?

My understanding is it is 50/50 on anything obtained after the marriage. That will include your belongings bought after and the condo.

 

 

 

 

 

 

[Stadtler]

Stadtler thinks you should exercise more care in your condo purchase than when you purchased your wife.

[CLS]

There are many gangster stories out there. Mostly because people don’t fight for their rights.

Assuming you earned the monies for your condo before you got married, you are on the safe side.

Is your wife wealthy? If not, no judge will believe that a farm girl has the funds to buy a condo.

For your son to inherit the condo in full, you should make a will in Thailand.

 

Cheer up. Read this story to learn from a man with b@lls.

https://scandasia.com/danish-man-wins-lawsuit-against-thai-wife-for-not-sharing-assets/

[timendres]

20 minutes ago, RichardColeman said:

My understanding is it is 50/50 on anything obtained after the marriage. That will include your belongings bought after and the condo.

I believe there is a clause in the law that states that property purchased with one of the partner's own capital, as well as certain gifts, is excluded from the 50/50 rule, but you would need to consult a well-versed legal advisor to be sure you are covered.

[Upnotover]

Easy, divorce now. Then buy condo.

[EXOELO]

Yeah its not that easy. If I divorce her, then I will have no adress. And with no adress I'll be send back to my own country ???? 

Edited June 26, 2020 by EXOELO

[EXOELO]

5 hours ago, timendres said:

I believe there is a clause in the law that states that property purchased with one of the partner's own capital, as well as certain gifts, is excluded from the 50/50 rule, but you would need to consult a well-versed legal advisor to be sure you are covered.

Thanks that sounds useful. I'll look further into it

[EXOELO]

5 hours ago, CLS said:

There are many gangster stories out there. Mostly because people don’t fight for their rights.

Assuming you earned the monies for your condo before you got married, you are on the safe side.

Is your wife wealthy? If not, no judge will believe that a farm girl has the funds to buy a condo.

For your son to inherit the condo in full, you should make a will in Thailand.

 

Cheer up. Read this story to learn from a man with b@lls.

https://scandasia.com/danish-man-wins-lawsuit-against-thai-wife-for-not-sharing-assets/

He went all the way...but yeah I'll read the article Thanks

[EXOELO]

6 hours ago, Stadtler said:

Stadtler thinks you should exercise more care in your condo purchase than when you purchased your wife.

yeah well too late ???? 

[EXOELO]

6 hours ago, RichardColeman said:

My understanding is it is 50/50 on anything obtained after the marriage. That will include your belongings bought after and the condo.

 

 

 

 

 

 

Thats exactly what I want to avoid. My money my hard work my belongings. I don't any of my belongings going to her..

[EXOELO]

6 hours ago, torturedsole said:

I've stripped out the rest of your post as not necessary.

 

No chance that you'll not lose what you invested in LOS.  You can try to enforce some sort of guarantee / rely on the law, but it'll be a complete waste of time.  

 

Can you afford to lose it all is the more pertinent question.  

So basically you are saying what I want is impossible? And no I can't afford to lose it all. My health is deteriorating... I just don't want that every thing I buy with my damn money that 50% goes to her (and her whole family)

[simon43]

12 minutes ago, EXOELO said:

Yeah its not that easy. If I divorce her, then I will have no adress. And with adress I'll be send back to my own country ???? 

What??!!  Please explain this terrible conundrum....

[EXOELO]

It means that if we divorce. I cannot their adress as solid living adress, because I'm not related to that side of their family. And with no solid living adress, you'll be send back to your own country (btw. I hire a house, I have nothing in Th. Only got some money) 

 

I can explain properly, but it has something with having a current living adress with your name on it to be able to stay in Th.

 

Just try to understand me, sorry for my English it's my second language.....

[seajae]

why not buy it in your sons name without telling your wife, that way it is his no matter what happens, just get a lease drawn up that you can use/live there till you die then it reverts to him then the wife cant get any of it, just make sure the money to pay for it comes from your home country

Edited June 26, 2020 by seajae

[EXOELO]

8 minutes ago, seajae said:

why not buy it in your sons name without telling your wife, that way it is his no matter what happens, just get a lease drawn up that you can use/live there till you die then it reverts to him then the wife cant get any of it, just make sure the money to pay for it comes from your home country

wow that sounds kinda good. Thx 

[ratcatcher]

1 hour ago, EXOELO said:

Yeah its not that easy. If I divorce her, then I will have no adress. And with no adress I'll be send back to my own country ???? 

It sounds like you're in a marriage of convenience. Is love in the house at all? If you divorce the wife, you move to another location and start again with a new address. Why would they send you back to your own country?

[EXOELO]

42 minutes ago, ratcatcher said:

It sounds like you're in a marriage of convenience. Is love in the house at all? If you divorce the wife, you move to another location and start again with a new address. Why would they send you back to your own country?

Thats was the plan until I heard that she can claim 50% of my belongings married or divorced.

 

[Delight]

 The law states that your  assets -prior to marriage -are yours to keep -in the event of a divorce.

You will need 2 things-should there be a divorce.

 

1 Proof that the money was yours prior to the marriage. Banks only keep records for a few years.

The bank book will serve as evidence.Evidence that the money left your home country will also help.

A copy of the FET will also help.

2 A good lawyer-preferably one based in Bangkok.

[pineapple01]

Sounds a bit of a Wacky Jake to me. 

[robblok]

You want the impossible she is entitled to 50% of money made during your marriage. 

 

If you did not want that you should not have married her. Seems your a bit selfish you want a woman to live with you but in case of a divorce you don't want her to have rights at all.

 

If that was what you wanted then why did you get married ?

 

The wife might have left you as surely she wants some security too. 

[BritManToo]

3 minutes ago, robblok said:

If you did not want that you should not have married her. Seems your a bit selfish you want a woman to live with you but in case of a divorce you don't want her to have rights at all.

Entirely sensible to want a woman in your bed at night.

Bloody stupid to give her half your home/assets for doing it.

 

Rent, rent, rent ...... it's so much easier.

Women are supposedly my equal, so why can't they buy their own house?

Edited June 26, 2020 by BritManToo

[AlfHuy]

4 hours ago, EXOELO said:

So basically you are saying what I want is impossible? And no I can't afford to lose it all. My health is deteriorating... I just don't want that every thing I buy with my damn money that 50% goes to her (and her whole family)

You do not come across as a happy married man.

My money, my belongings, my everything. Nothing to her or her family.

I would not even bother to buy anything because you have the feeling, someone want to steal your belongings.

Best thing is, divorce and go and rent something and if found a nice condo and willing to buy, go and buy with YOUR MONEY AND JUST YOUR NAME.

[Maestro]

Removed an off-topic post and the replies to it.

[Why Me]

11 hours ago, EXOELO said:

I want to buy a condo as a foreigner.

Why? Just rent. Given the price/rent numbers here it's far cheaper to rent (opposite to most western countries). And your split on divorce issue instantly goes away. And keep the money you save in the west too.

 

Is your wife asking you to buy? I would be doubly careful then. Foreigner vs. Thai in a Thai court usually has one kind of ending.

[robblok]

2 minutes ago, BritManToo said:

Entirely sensible to want a woman in your bed at night.

Bloody stupid to give her half your home/assets for doing it.

 

Rent, rent, rent ...... it's so much easier.

Sure then rent, but dont marry. 

 

If you don't marry some woman will leave you as they want security too. 

 

What he is trying to do is impossible. he should have thought about this before. 

 

I married.. did not cost me much in the divorce was all reasonable. Not all Thai woman are gold diggers. Besides she had given me enough in return. 

 

Now going to stay in an 80k house (a month) without paying as GF her company takes care of it. (can work the other way around too)

Edited June 26, 2020 by robblok

[4MyEgo]

11 hours ago, EXOELO said:

Thank you in advance! I really need all the help and advice experience I can get.

Um, only invest as much as your prepared to lose, otherwise rent a condo.

 

11 hours ago, EXOELO said:

I don't want any of my belongings; money, condo etc. going to my Thai wife and her whole family for 50% when we split.

Sounds like you don't trust your wife.

 

When I purchased the land in 2007, then built the house in stages, 2009 and 2015 when I retired here, I knew that the money I invested in my wife's future, all up around 3 million baht including the car, it was what I was prepared to lose.

 

Our relationship is solid and my investments overseas are separate, she will get them in my will, on top of the life insurance.

 

If your marriage is on the rocks or you don't trust your wife, buying a condo is the wrong move in my opinion. I understand you want the kid to get the proceeds, but renting a condo means you don't have to part with 50% of your power, money is power, once you hand it over (your power), you have little control as that is when the laws dictate the terms, so why would you do that.

 

You did ask for advice and you did ask for help, that said, I don't know your circumstance, but I do know countless guys make the mistake by surrendering their power, I call it money, hand it over, or part thereof and you become weak, not suggesting you treat women with disprect, or anything like that because you have money, but as long as you have the power, you have the control over your life, not others controlling your life because you made the mistake in trusting them to handle or share your finances. Total separation of finances is key in any relationship in my opinion.

 

I love and trust my wife, but I will not hand over my power to her, and she would never ask of it, she even signed a prenuptial agreement back in Australia prior to us getting married in 2007, understood what was mine was mine, she lives a good life and has no illusions of the way things are, fact of the matter is she even told me that if it were the reverse, she would expect the same, only sorry others are either too embarrassed to do the same, i.e. protect themselves with the law, noting that some countries don't have prenuptial agreements, but there is always a way, most accountants know it too, and it's legal.

 

Good luck.

[EXOELO]

1 hour ago, Delight said:

 The law states that your  assets -prior to marriage -are yours to keep -in the event of a divorce.

You will need 2 things-should there be a divorce.

 

1 Proof that the money was yours prior to the marriage. Banks only keep records for a few years.

The bank book will serve as evidence.Evidence that the money left your home country will also help.

A copy of the FET will also help.

2 A good lawyer-preferably one based in Bangkok.

Thank you very much for this advice! I will handle it!

[EXOELO]

1 hour ago, 4MyEgo said:

Um, only invest as much as your prepared to lose, otherwise rent a condo.

 

Sounds like you don't trust your wife.

 

When I purchased the land in 2007, then built the house in stages, 2009 and 2015 when I retired here, I knew that the money I invested in my wife's future, all up around 3 million baht including the car, it was what I was prepared to lose.

 

Our relationship is solid and my investments overseas are separate, she will get them in my will, on top of the life insurance.

 

If your marriage is on the rocks or you don't trust your wife, buying a condo is the wrong move in my opinion. I understand you want the kid to get the proceeds, but renting a condo means you don't have to part with 50% of your power, money is power, once you hand it over (your power), you have little control as that is when the laws dictate the terms, so why would you do that.

 

You did ask for advice and you did ask for help, that said, I don't know your circumstance, but I do know countless guys make the mistake by surrendering their power, I call it money, hand it over, or part thereof and you become weak, not suggesting you treat women with disprect, or anything like that because you have money, but as long as you have the power, you have the control over your life, not others controlling your life because you made the mistake in trusting them to handle or share your finances. Total separation of finances is key in any relationship in my opinion.

 

I love and trust my wife, but I will not hand over my power to her, and she would never ask of it, she even signed a prenuptial agreement back in Australia prior to us getting married in 2007, understood what was mine was mine, she lives a good life and has no illusions of the way things are, fact of the matter is she even told me that if it were the reverse, she would expect the same, only sorry others are either too embarrassed to do the same, i.e. protect themselves with the law, noting that some countries don't have prenuptial agreements, but there is always a way, most accountants know it too, and it's legal.

 

Good luck.

wow thanks for sharing your experience. Maybe I'll pick some of it. Interesting story...