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Danish man wins lawsuit against Thai wife for not sharing assets


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Danish man wins lawsuit against Thai wife for not sharing assets

by Gregers Møller

 

buriram-1536x864.jpg

The Danish man (left) together with his friend and Thai wife in front of the Buriram Provincial Court on Wednesday 24 June 2020. Photo: Gregers Moller.

 

The Provincial Court in Buriram brokered on Wednesday a deal between a Danish man and his former Thai partner who had denied him any return of the roughly 5 mill. baht, he had invested in a house they had built together and a car, they had bought in her name.

 

The court ruled, that the Thai woman should transfer the car, a Honda CRV bought for 1.7 mill. baht, to the Dane. The woman had initially claimed, that the car was a gift of affection and so was the house and since it was all in her name and they were not married, he had no right to any of her assets.

 

That was not how the judge saw it. According to her, the hearing on Tuesday in the court made it clear that the couple had entered a common law marriage and lived together as husband and wife – although not for very long. He had transferred the funds to her bank account in steps that corresponded to the steps in payment for the car and the building phases of the house.

 

The judge also explained, that since the house was built on land that belonged to the Thai woman’s mother, the only alternative to a compromise would be to tear down the house and sell the used building material and sell the car and split the money – since the Danish man was entitled to 50 percent of the shared assets of the relationship. That would give him half of approximately 900.000 baht.

 

The judge made no room for doubt that if the Thai woman should decide not to accept her suggestion, then she would rule in favour of the Danish man. Leaving the car to him and keep the house was a better alternative for both, she proposed.

 

It took the accused – the former partner – surprisingly long tome to make up her mind if she preferred to continue to fight for her claim, that it was all a gift, or accept the deal offered. Eventually, she declared in tears that if the Dane would not come back and live with her, which she had hoped for, then it was OK that he got the car.

 

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.

 

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

 

ScandAsia: 20-06-27

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9 minutes ago, ramrod711 said:

The system obviously failed, the Thai woman should get everything, my wife told me so.

 

My wife agrees completely. She reckons your wife's opinion was 'on the money'

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I find this story absolutely amazing, the same court gave my ex house, car, motorbikes.

I was left with nothing, not even my clothes that were in the house.

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7 hours ago, colinneil said:

I find this story absolutely amazing, the same court gave my ex house, car, motorbikes.

I was left with nothing, not even my clothes that were in the house.

Aye col...but your a "cranky old <deleted>" :cheesy:

 

apologies Colin just feeling a bit "giddy" this morning...no offence intended pal...:thumbsup:

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1 minute ago, colinneil said:

I find this story absolutely amazing, the same court gave my ex house, car, motorbikes.

I was left with nothing, not even my clothes that were in the house.

I'm amazed too. I've been in Thailand for ten years now and I've never heard of a single even-handed legal decision like this come down when a defacto relationship was being adjudicated on.

 

I would think this will heartened a lot of folks in a similar situation.

 

 

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7 hours ago, ezzra said:

An important lesson to be learned here to all those who still believe and trust local spouses...

I am in a similar situation with a house in my TGF name plus car and motorcycle in mine...but the big plus for me is the fact that I freely entered into these purchases and if necessary can afford to walk away from if the muck ever hits the fan :thumbsup:

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1 minute ago, petermik said:

I am in a similar situation with a house in my TGF name plus car and motorcycle in mine...but the big plus for me is the fact that I freely entered into these purchases and if necessary can afford to walk away from if the muck ever hits the fan :thumbsup:

Yep, only way to do it

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' I love you long time '

 

This phrase seems to be entirely subjective.

 

At least he got something back after his long time ran out.

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This is not a legal precedent, as there have been many cases in the past, in which the court has found that the person who invested the money to purchase the assets while in a relationship, retains the right to use the asset or to liquidate them and retrieve the money.

 

Sadly, it also takes an honest and competent lawyer to do this!  This is where the problem starts as the woman will often cut a deal with your lawyer to mess up your case so she wins. 

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Coincidentally, very many years ago my old Swedish friend was talking to a Dane at Bangkok Airport, just before boarding the Copenhagen flight. The Dane had packed his bags in a hurry & left his Thai wife after the latest demands for a new motorbike/vehicle for an (extended)-family member. The Dane said that if he didn't leave he'd either go 'round the bend' and do something silly!

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49 minutes ago, ramrod711 said:

The system obviously failed, the Thai woman should get everything, my wife told me so.

Time to get rid of the wife while you still can.

 

Run Forrest, RUN

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14 minutes ago, Susco said:

Time to get rid of the wife while you still can.

 

Run Forrest, RUN

Hear that, whisssh.....that was the sound of sarcasm whizzing over your head.

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1 hour ago, rooster59 said:

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.

I'll stick to the belief that this can still and will happen, regardless of this court ruling, thanks.

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1 hour ago, ezzra said:

An important lesson to be learned here to all those who still believe and trust local spouses...

Many are from the World's oldest profession and many have 'maeng da' boyfriends.

 

And yes, the Thais can immediately tell your wife or gf was a gas cooker. 

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32 minutes ago, Cali farong said:

Don’t put anything in ANY woman’s name that you can’t afford to lose.

Life is full of surprises 

There are Thai laws about nominees, might muddy the waters somewhat?!

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1 hour ago, colinneil said:

I find this story absolutely amazing, the same court gave my ex house, car, motorbikes.

I was left with nothing, not even my clothes that were in the house.

why you did not register car and motorbike in your name.

I am farang, not married to a Thai, bought a new car and registered in my name. Easy.

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36 minutes ago, AlfHuy said:

why you did not register car and motorbike in your name.

I am farang, not married to a Thai, bought a new car and registered in my name. Easy.

Because its even easier to do so in GF's name. I did so with the car I got the car.. oh I got the house too. No lawyer just an honest Thai ex. Motorbike was on my name but mainly as i used it the most. 

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2 hours ago, NumbNut said:

I'm amazed too. I've been in Thailand for ten years now and I've never heard of a single even-handed legal decision like this come down when a defacto relationship was being adjudicated on.

 

I would think this will heartened a lot of folks in a similar situation.

It's unusual for the farang to contest as he wasn't even married to the lady. But still I see it as the merit in personal loan situation.

 

But I have rattled on for far to many posts about the Thai Civil court--- & IMHO how fair it is, (Unlike the criminal Court)  because I have been in the past/ and am involved in a dispute now (none marital. ) in 22 years -I Have had 5 friends do the divorce / house split.......one threw his hands up and walked away blaming Thailand before it was even got started--the others got a settlement. 2 took a settlement of living in the property until death (Issan) ---1 had to wait 3 months until the bank gave the ex a mortgage to get his money (Pattaya) . Last one was paid out by the new boyfriend. (Nakom nowhere)

The Civil court tries to save on the expense---by not having it tried in court,-

 

Thai courts, their culture being grounded in that of the wider Thai culture, strongly encourage the practice of the resolution of disputes by peaceful and non-adversarial means wherever practicable. Judges will commonly order the parties to a dispute to attempt to reach an amicable settlement before any formal and detailed hearing of the issues in dispute is begun. The court is empowered by the Thai Civil Procedure Code to order court annexed mediation in civil matters where it deems it appropriate.

 

With one of the Issan ones I spoke to his lawyer (as he was doing some work for me---he related) They had broken up a few years ago--she had gone back to her job down south--(where he had met her) he had settled in the village had a lady come in 3 times a week for cleaning & etc...he had his dogs, happy staying there, fishing. At mediation the adjudicator (a woman ) had said to the wife----Your a lot younger than him, why not leave him in there, just go back to work, because if this goes ahead to court--- In My opinion he must get something from it---this way in time you get all of it, the house and the value of it has gone up. 

They can not make you accept Mediation --you can go on to the full court----but usually the adjudicator is close to being right.

 

.

 

 

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Quite a surprise that the judge came up with a very equitable judgement considering all the cash was paid to the gf before buying the assets. Sadly it doesn't set a precedent as the settlement was negotiated.

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6 minutes ago, sanuk711 said:

It's unusual for the farang to contest as he wasn't even married to the lady. But still I see it as the merit in personal loan situation.

 

But I have rattled on for far to many posts about the Thai Civil court--- & IMHO how fair it is, (Unlike the criminal Court)  because I have been in the past/ and am involved in a dispute now (none marital. ) in 22 years -I Have had 5 friends do the divorce / house split.......one threw his hands up and walked away blaming Thailand before it was even got started--the others got a settlement. 2 took a settlement of living in the property until death (Issan) ---1 had to wait 3 months until the bank gave the ex a mortgage to get his money (Pattaya) . Last one was paid out by the new boyfriend. (Nakom nowhere)

The Civil court tries to save on the expense---but not having it tried in court,-

 

Thai courts, their culture being grounded in that of the wider Thai culture, strongly encourage the practice of the resolution of disputes by peaceful and non-adversarial means wherever practicable. Judges will commonly order the parties to a dispute to attempt to reach an amicable settlement before any formal and detailed hearing of the issues in dispute is begun. The court is empowered by the Thai Civil Procedure Code to order court annexed mediation in civil matters where it deems it appropriate.

 

With one of the Issan ones I spoke to his lawyer (as he was doing some work for me---he related) They had broken up a few years ago--she had gone back to her job down south--(where he had met her) he had settled in the village had a lady come in 3 times a week for cleaning & etc...he had his dogs, happy staying there, fishing. At mediation the adjudicator (a woman ) had said to the wife----Your a lot younger than him, why not leave him in there, just go back to work, because if this goes ahead to court--- In My opinion he must get something from it---this way in time you get all of it, the house and the value of it has gone up. 

They can not make you accept Mediation --you can go on to the full court----but usually the adjudicator is close to being right.

 

 

Thanks for your post, great to hear some positive outcomes in this area

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6 minutes ago, JusticeGB said:

Sadly it doesn't set a precedent as the settlement was negotiated

Most of the Thai cases are settled that way justiceGB...... and anyway , I don't a Buriram court ruling would have made a precedent that the whole country would follow.

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2 minutes ago, RichardColeman said:

Winning it and getting it are two different things

Not in his case.....he rode away with it ..............

 

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32 minutes ago, JusticeGB said:

Quite a surprise that the judge came up with a very equitable judgement considering all the cash was paid to the gf before buying the assets. Sadly it doesn't set a precedent as the settlement was negotiated.

I just read the full report from the Nordic news----so you could be right ........:coffee1:

 

 

Winning that case could set a significant precedence for similar cases where the judge accepts that the intention of the paying foreigner was to live together as husband and wife with the Thai person and therefore could reasonably claim to have been cheated into buying the shared assets and register them in the name of the Thai national.--Nordic News

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2 hours ago, ezzra said:

An important lesson to be learned here to all those who still believe and trust local spouses...

If you do not trust your local spouse, whay the deleted do you live with her in the first place. I could not live with someone I did not trust, but I believe if I <deleted> her off enough, im out, and she keeps everything thats in here name. So simple and esay it is said.  

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