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

[thedemon]

Google this: "sin suan tua vs sin somros"

[natway09]

You must really dislike your wife but the best answer in this is just don't buy it & keep your money away from her like Scrooge or go home & count it every night on your own

[Paradise Pete]

14 hours ago, CLS said:

 

 

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/

 

Unless I'm misinterpreting it (certainly a possibility!) that article doesn't really support what you're saying. He was just trying to get half, and ended up getting the car and giving up on the house he'd spent 5.7M baht to build.

 

[sead]

If son is of age then he can buy in his name. You need to divorce, make prenup. Remarry ????

 

[Pique Dard]

i've got the impression you don't love your thai wife very much or at least you aren't sure about her feelings...i'd suggest drastic measures: divorce her, buy a condo and date different ladies! it's feasible

Edited June 26, 2020 by Pique Dard

[Pique Dard]

i've got the impression you don't love you thai wife very much or at least you aren't about her feelings...i'd suggest drastic measures: divorce her, buy a condo and date different ladies! it's feasible!
now after your divorce, if you have enough money to buy a condo, there is no reason thai authorities would send you back to your country. on the contrary!

[Claudio54]

Excuse me, but why did you marry this lady? Was it just a "purchase"? No love? If your son is not 18, then she will have to take care of him, no?

[LukKrueng]

20 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/

Did you read the article? Did you understand it?

Let's just take the simple facts and put them in simple order: 

1. Danish man and Thai woman were never actually legally married.

2. Danish man transferred funds in access of 5 million baht from overseas to his Thai girlfriend - money he earned and was his alone before he ever met her. 

3. She built a house, bought a car and spent money (his money) on herself and her family. 

4. They broke up and she wanted to keep it all for herself. 

5. He took her to court and "won" a used car that when was bought new was worth 1.7 million, but what's the actual value of it now after about 2 years? 

 

So to sum it up, he paid over 5 million, and got back just over 1 million. 

 

Now let's relate this story to the op:

1. He is legally married

2. He wants to buy a condo while he is married

3. He hopes to divorce in the future and keep 100% of his condo. 

 

So if he has to learn anything from the Danish man's experience, he should expect to be allowed to keep the key ring that once held the keys to his condo, and maybe also 1 picture frame

[ChouDoufu]

questions:

 

1.  what sort of visa/extension do you have now?

2.  how old are you?

3.  is the son existing, or is this a planned for future event?

[mickylongtime]

Hello

 

If your worried now don't buy just rent.

most if not all my friends only rent its less hassle, if you get sick or problem arise you can just walk away. It's very different when you get a property after all we don't need problems do we.

[torturedsole]

11 hours ago, robblok said:

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. 

I thanked your post for this sentence alone.

 

It's easy to be spiteful but one should consider the part the good lady [ex]wife previously played in one's life.  If my wife and I got divorced tomorrow then I would also accept that she has worked hard during our long marriage to look after me and I wouldn't begrudge her whatever settlement came her way.  

[ericthai]

14 hours ago, EXOELO said:

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

 

Did you make all your money while married?

She only gets 50% of what was made during the marriage, not prior to. 

Maybe a good accountant is required...

 

 

[CLS]

8 hours ago, Paradise Pete said:

 

Unless I'm misinterpreting it (certainly a possibility!) that article doesn't really support what you're saying. He was just trying to get half, and ended up getting the car and giving up on the house he'd spent 5.7M baht to build.

 

Thai law stipulates (as in many other countries too) that all you owned before marriage still belongs to you after a divorce. All you earn together during marriage will be split 50/50 when you divorce.

A conjugal-like relationship is seen as marriage by Thai law and a 50/50 split is applicable.

Only a prenuptial agreement can change this to your favor.

 My previous statement was not precise enogh.

“The courts ruling – which was brokered into a deal before it actually became a ruling – is a significant break from the popular belief among both Thai women and foreigners in Thailand, that if the marriage has not been properly registered, then the Thai woman can walk away as the owner all of the couple’s assets registered in her name in case the relationship should break up.

 

[CLS]

6 hours ago, LukKrueng said:

Did you read the article? Did you understand it?

Let's just take the simple facts and put them in simple order: 

1. Danish man and Thai woman were never actually legally married.

2. Danish man transferred funds in access of 5 million baht from overseas to his Thai girlfriend - money he earned and was his alone before he ever met her. 

3. She built a house, bought a car and spent money (his money) on herself and her family. 

4. They broke up and she wanted to keep it all for herself. 

5. He took her to court and "won" a used car that when was bought new was worth 1.7 million, but what's the actual value of it now after about 2 years? 

 

So to sum it up, he paid over 5 million, and got back just over 1 million. 

 

Now let's relate this story to the op:

1. He is legally married

2. He wants to buy a condo while he is married

3. He hopes to divorce in the future and keep 100% of his condo. 

 

So if he has to learn anything from the Danish man's experience, he should expect to be allowed to keep the key ring that once held the keys to his condo, and maybe also 1 picture frame

The supporting story was more to encourage him to fight for his rights. Because many people think all your assets are lost when the first problem with your partner arises.

[Don Mega]

11 hours ago, Paradise Pete said:

 

Unless I'm misinterpreting it (certainly a possibility!) that article doesn't really support what you're saying. He was just trying to get half, and ended up getting the car and giving up on the house he'd spent 5.7M baht to build.

 

Awarded the car...

 

did she actually sign it over or does he have to go back to court to force her to do that !!

[LukKrueng]

7 hours ago, CLS said:

The supporting story was more to encourage him to fight for his rights. Because many people think all your assets are lost when the first problem with your partner arises.

He was worried about losing 50% of his assets. That story proves that he will, and maybe even more...

[HampiK]

So many answers and I only saw one respond going to direction prenup!
The question is you made a prenup before your marriage?

 

I think that would be the only chance for you!

[BobinBKK]

On 6/26/2020 at 10:08 AM, EXOELO said:

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

https://www.thaiembassy.com/legal/common-law-marriages-is-it-recognized-in-thailand.php

[Mavideol]

On 6/26/2020 at 10:11 AM, EXOELO said:

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

sounds like you have the perfect relationship

[david555]

4 minutes ago, Mavideol said:

sounds like you have the perfect relationship

Just guessing... but I think close to it ????

 

Probably he is under50 , need marriage to stay Thailand in simplest way , hence he say in case divorce he loose address (!),.... could rent if 50 year-old and so buy own condo after divorce …...and give "true love" (!??) a chance if she still stay's then with him ????.... ????

[david555]

Could  of course jump from frying pan to the fire  , by using the "company form" way …..????????????

[Enzian]

I've looked into this because I almost got married here, and I believe it is a lot like many states in the US, where it is possible to have separate property, and separate property purchased with separate property, which cannot be touched by the other spouse, but it is important to identify the property as separate from the start of the marriage, and really KEEP it separate with no commingling. I can recommend a law firm if you PM me.

[david555]

9 minutes ago, Enzian said:

I've looked into this because I almost got married here, and I believe it is a lot like many states in the US, where it is possible to have separate property, and separate property purchased with separate property, which cannot be touched by the other spouse, but it is important to identify the property as separate from the start of the marriage, and really KEEP it separate with no commingling. I can recommend a law firm if you PM me.

That is mostly done before the marriage  , like making marriage conditions …. during the marriage also possible changing those conditions but with both agreeing on the new conditions ….. 

 

I f starting a marriage with separations of possessions etc. this would let keeping each his own property ,unless different stated when buying something together

[Enzian]

But a problem of these arrangements just mentioned is that if the property goes up in value during the marriage, or improvements are made with "community" income spent, the other spouse may gain a community interest in the increase. Income earned during a marriage by either partner is the one thing around the world almost impossible to keep separate, even with a prenup; trying to over-ride community property rules is generally considered to be against public policy.

[stouricks]

On 6/26/2020 at 2:43 PM, Why Me said:

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.

There was a post last week about a Danish guy and his Thai wife went to court over this sort of thing. The female Thai judged in HIS favour saying that it must go 50/50, and only what had been bought during the marrige.

[david555]

1 minute ago, stouricks said:

There was a post last week about a Danish guy and his Thai wife went to court over this sort of thing. The female Thai judged in HIS favour saying that it must go 50/50, and only what had been bought during the marrige.

Yes , but what remained after the wife spending most was a car ….. who lost value from 1.5 million before , was just a post on TV about the real result from the case ...

He won in name, but the recovering was poor it looked ...

[stouricks]

1 minute ago, david555 said:

Yes , but what remained after the wife spending most was a car ….. who lost value from 1.5 million before , was just a post on TV about the real result from the case ...

He won in name, but the recovering was poor it looked ...

Would SHE not have to pay HIM 50% of the house value if shr wanted to stay there, either take out a loan/mortgage, or sell it. Same with the car.

[david555]

1 minute ago, stouricks said:

Would SHE not have to pay HIM 50% of the house value if shr wanted to stay there, either take out a loan/mortgage, or sell it. Same with the car.

I just read today this result on TV  , not knowing the details , but looked like a Phyrus victory...., what is gone is gone …..trying to recover is up to the Dane 

[innosiem]

First most sensible option imo,
especially at current time
is to simply RENT and not buy right now
(wait for bargains)

if you must purchase,
just set up a company and purchase in the company name.

Later, you do not "sell the house"
you sell the company/change director

Or as someone else mentioned,
buy in sons name, with lease for yourself etc.

best option really is to consult a lawyer, and find out what exactly is possible.
(as you have a child)

Edited June 30, 2020 by innosiem

[david555]

3 minutes ago, innosiem said:

First most sensible option imo,
especially at current time
is to simply RENT and not buy right now
(wait for bargains)

if you must purchase,
just set up a company and purchase in the company name.

Later, you do not "sell the house"
you sell the company/change director

First part 100% best advice 

 

Second part I said from frying pan to fire …. but that is my personal opinion as again depending on other Thai persons ...

And Gov. latest keep an inquiring eye on the "company form " as a bypass for owning property ….,

 

Let example see what go happen with those Darkside houses Thai gov . must claim for that new road they go build …. and so must pay …. they probably go really look for a way not to pay..., or not too much comparing real value 

Edited June 30, 2020 by david555