Danish man wins lawsuit against Thai wife for not sharing assets

[TallGuyJohninBKK]

1 hour ago, nickmondo said:

take care of the woman, and leave her all your assets after you have died by natural causes.

natural causes only, not accidental death

 You know, it's easy to say that as a suggestion.

 

But people here and elsewhere do legitimately die from accidents -- slip and fall in shower, hit by a car while walking or riding, traffic collision, etc etc...

 

A person is a legitimate relationship would not want to disinherit his wife just because he might happen to die from an accident.

 

[Odin Norway]

4 hours ago, khunpa said:

I will never understand these guys???????. If you absolutely have to buy a house in your partners name, then why not just pay minimum downpayment and let the rest be a bank-loan. This way, she can tell you to leave, but will be stuck with the monthly payments until the loan is paid off. (about 10 years). Should she be a scammer, then at least the loss is minimal and she is stuck with the debt.

 

If you buy a car in her name, do the same and renew the car and loan every 4-5 years. Seeing the monthly bills, will for sure reduce any scammers incentive to throw you out the house.

 

When my wife and I bought a house, we made a Thai-court legalised loan document and will, stating that she owes me THB 1.5 mill. and that I get everything in case of her death. My wife had no problems with that, as she also wants me and our kid to be financially secure, should she e.g. die before me. 

 

What the hell is wrong with people buying everything 100% in cash in other peoples names?? People really do lose their mind on arrival here.

 

Haha.Spot on my way of thinking also.The problem with loans is that you never stop paying on them and its quite high interest.Only on a car you can end up paying for the car at least 2 times or even more.Easy 8-10% on a house loan if you even get one.In the middle of nowhere no chance you can get any house loan .

[TallGuyJohninBKK]

1 hour ago, Dene16 said:

No but there is a strong probability that it will now. You obviously have little knowledge of the legal system in which case law is used extensively to make judicial decisions.

This is a landmark case, maybe, Thailand is coming of age in this department. 

 

As far as I understand it, Thai civil law doesn't involve binding precedent rulings. That's why you can get a black ruling in one case and then later a white ruling in an exactly comparable case. The judges here aren't bound to follow the past rulings of higher courts or of their peer jurists that have ruled before them.

 

Edited June 27, 2020 by TallGuyJohninBKK

[dallen52]

You are normally lucky to get out with your meat and two vegetables..

 

A shame that precedence doesn't count much in Thailand laws..

 

I have a block of land purchased when we were living together. 

 

Not married.

De facto or common law. ?

 

Usual farang thing of rebuilding the family home too.

 

She removed the land title from my legal paperwork. 

Although I have a message saying that i can have the land if i wanted it..

 

Wonder how it would go trying to get the land or value back???

(Its in Buriram district too)

Maybe need the same lawyer and judge. 

[dallen52]

9 hours ago, ramrod711 said:

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

We know how they think. 

Whether we admit it or not.

When my partner got back with me recently, her friend sent her a message. 

(Attached)

Need i say more?

[NotMyUsualid]

3 hours ago, Bob12345 said:

Or get a woman that actually earns an income, preferably one higher than yours.

That's what I did.

 

But unfortunately SHE is a lawyer also, so it might be '<deleted> boy scouts', should a split ever need legal redress / Locals all banding together to protect their 'own'.

 

But I could afford it, all the same.

[saakura]

8 hours ago, Mr Meeseeks said:

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. 

And why is it that mostly old caucasian farangs are attracted to them like flies to shet? Hardly ever heard of retired Chinese, Indians, Koreans, Japanese, Arabs, Africans etc travelling here for the singular purpose of marrying young women from the "World's oldest profession, many having 'maeng da' boyfriends" as you say?

[RICO86]

In my 22 years I've never ever heard of a Falang getting one satang! Congratulations! ????

[ramrod711]

9 hours ago, Susco said:

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

 

Run Forrest, RUN

I still have 7 years left on the lease for the house and my vehicle is in my name. My wife owns her motorbike and the house which, of course, I paid for. When I thought about building a house I calculated my monthly rent, figured I could more than pay for the house with the rent money I would save in 20 years. I actually asked the lawyer to shorten the standard 30 year lease to 20 years. I wanted her to have the house, she is 18 years younger than I, so good luck to her, I hope she continues to enjoy it after I'm gone.

[Susco]

59 minutes ago, dallen52 said:

You are normally lucky to get out with your meat and two vegetables..

 

A shame that precedence doesn't count much in Thailand laws..

 

I have a block of land purchased when we were living together. 

 

Not married.

De facto or common law. ?

 

Usual farang thing of rebuilding the family home too.

 

She removed the land title from my legal paperwork. 

Although I have a message saying that i can have the land if i wanted it..

 

Wonder how it would go trying to get the land or value back???

(Its in Buriram district too)

Maybe need the same lawyer and judge. 

 

She seems to know something nobody on here knew, which is that a foreigner can own a land title

[Derek B]

10 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.

 

 

Seems the Thai courts now recognised common law marriages. 

[Dominion]

Happy days. Now go eat your Danish pastry and enjoy!

[James26]

How can I find out who he used as his attorney?

[yellowboat]

Pid pro quo actually does exist after all in Thailand.  I am happily proven wrong.  The country may very well have a future one day.

[bristolgeoff]

A friend told me, his friend got a court judgement in his favour.the thai person was not happy.did not matter as she transferred everything to a relative before  the court decision  started.he got nothing

   Also I know a german who lives in cm for years,had restaurants over the years,but he never brought a property or land.had kids of course.does not matter how long together he has heard to many stories about this like many and refuse to buy land or house.we all know stories like that in thailand

Edited June 27, 2020 by bristolgeoff

[mran66]

11 hours 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 

 

....don't put anything in ANY woman's name unless it is a gift (or you treat it in your mind as if it would be a gift to a one-night stand)...pessimist won't get disappointed later in case one of the life's surprises would happen to hit you...

Edited June 27, 2020 by mran66

[Dene16]

2 hours ago, TallGuyJohninBKK said:

As far as I understand it, Thai civil law doesn't involve binding precedent rulings.

You are totally correct unless previously made in the supreme court and then some credence will be given to the ruling but still not binding.

Thailand has a civil law system but influenced by common law, apparently?

Unfortunately this is not the supreme court, however, this must still give us all hope that the 'tide is changing' as they say

 

 

[kg1947]

11 hours ago, Denim said:

' I love you long time '

This phrase seems to be entirely subjective.

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

LONG TIME =   10:00pm - 06:00am   ??

[mran66]

3 hours ago, pacovl46 said:

When will foreigners finally learn to not buy houses or cars in Thai people’s names? Buy a condo in your own name, if he or she doesn’t like that, well, take it or leave it! Same goes for cars!

 

Amazing Thailand it is - this really is one of things that regardless of trying, really can not comprehend with my farang brain (of seemingly limited capacity)...What is the thing that makes farang men to buy houses, land, condos and cars for the women and their family beyond what they could treat as a gift (relative to their wealth so that loosing them would have no real financial impact to them and not to need even to think of asking back as a gift as there is no such thing as asking back a given gift) even if they must have read how that industry (as I would call it) works.

 

If a woman really wants to live with you long term, she should not care who owns the earthly items at their disposal, especially if they have any reason to speculate that they could one day inherit them. If she cares, by definition she is a prostitute that goes away for the next customer once she has got her payment for the current one (like happened in the OP case); being so better just pay-as-you go until you (not her) want to stop using her services...

 

Sigh; anyway, to each of their own

 

 

 

.

[Lee4Life]

12 hours ago, ramrod711 said:

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

My wife often tells me, "What's mine is mine, and what's yours is mine"

[Destiny1990]

So he invested 5M bht for the house and 1,7M Bht for the car.

Now he might get back just the car that is Only worth nowadays 900,000 bht.

Yeah a real winner !

[Odisan]

12 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.

I sat on the veranda the other day and noticed a slight wind shift. Put it down to the ruby the night before, myself, but ya never knows...

[Derek B]

13 hours ago, Badbanker said:

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. 

Agree to the first paragraph............................in Chiang Mai anyway.

An honest & competent lawyer will be required though.

[ericthai]

12 hours ago, owl sees all said:

A bar-girl friend has just told me that this a terrible ruling for her profession. She is reconsidering her position.

Maybe she should consider a good "entry" level position! 

[ericthai]

11 hours 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---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.

 

.

 

 

Ex-wife waiting around for you to die to get the house?? dont think I would want to be that guy!!!

[bander]

14 hours ago, rooster59 said:

she declared in tears that if the Dane would not come back and live with her

Why would any man want to live with a woman who have no intention to share anything he have given her after believing she was an honest person.

Another lesson to foreigners entering Thailand and leave their brain at the airport! 

[oznomad]

Why do guys even contemplate buying a house in a gf or (newish) wife's name?

Rent for a few years. If the location and the wife (not a gf) still appeal, then contemplate for a few years.

What's the rush?

 

 

[tonysilly]

wow!! who was the Danish guy lawyer?? and the judge?? thank you krap!! this was a win win for all the Farang who have been ripped off by lovely issan girls and for future guys who will be ripped off.  thank you judge  ????

Edited June 27, 2020 by tonysilly

[andux]

1 hour ago, oznomad said:

Why do guys even contemplate buying a house in a gf or (newish) wife's name?

Rent for a few years. If the location and the wife (not a gf) still appeal, then contemplate for a few years.

What's the rush?

 

 

 

A high percentage of farangs can't even tell the difference between a bar girl and a college-educated one. Do you really expect them to take wise, long-term financial decisions?

[waders123]

When first visiting in this part of the world, "RENT IT! RENT IT! and RENT IT! regardless of what it is, don't throw your hard earn money out the door until you're up to speed how it all works. For some, that may take a wee bit longer time than it does for others.   People need to slow their roll when they first come here as like many posters here have said, "Men are thirsty for love and confuse kindness and/or affection for love".  If I was a betting man, I'd say the majority of thaivisa members on here have been taken one way or another, whether it be big or small, in the pursuit of a little piece of happiness; I know I have.  Not complaining; just saying.  Life's lessons!