What are my rights if wife tries to get me out of the house

[nicelee808]

Hi all.

Me and wife have split up. I'm in the home which I paid for but in her name. I'm living there with my daughter, she's 12 and wants to stay with me. Can my wife have me kicked out by the police or would she have to divorce me first.

[Rookiescot]

Do you have a "yellow book"?

If so its harder for her to kick you out of the home but it depends on whatever lies she is prepared to tell the local police, immigration and village headman.

You are basically in a very exposed position. 

Sorry mate. Its the way thing work over here. I do hope things work out OK for you.

[blackcab]

Do you have a usufruct, a lease or any other real or contractual right to be in the property? Did you build the house before or after you married?

 

If you do not have any written rights then you are on shaky ground while your wife is on very firm ground. If you built the house after you are married you can argue that the house and perhaps the land is common property and that you have a right to be there until the divorce is finalised.

 

The problem with your position is that your wife can wait until you leave the property, close the gates and change the locks. If you try and force your way back in you will be fighting a losing battle.

 

It would be much worse if your wife was smart and she leased the property to a third party. If you forced your way back into their leased property matters could get extremely serious.

 

Up to you how hard you push, but personally I wouldn't stay where I wasn't wanted. Save your energy for the fight in Court.

 

If the Court grants you the right for your daughter to live with you then you will probably also get the right to remain in the house with your daughter until she reaches the age of 20.

[lee b]

I would want to leave anyway. Sticking around under the same roof as your Ex can only be dangerous.

[blackcab]

A troll post and a sensible reply to it have been removed.

 

Keep the comments civil and constructive or you will be enjoying a posting holiday. The OP is a longtime forum member. He is in a difficult situation and has asked for help, not snide comments.

[nicelee808]

11 minutes ago, blackcab said:

Do you have a usufruct, a lease or any other real or contractual right to be in the property? Did you build the house before or after you married?

 

If you do not have any written rights then you are on shaky ground while your wife is on very firm ground. If you built the house after you are married you can argue that the house and perhaps the land is common property and that you have a right to be there until the divorce is finalised.

 

The problem with your position is that your wife can wait until you leave the property, close the gates and change the locks. If you try and force your way back in you will be fighting a losing battle.

 

It would be much worse if your wife was smart and she leased the property to a third party. If you forced your way back into their leased property matters could get extremely serious. Remember that people can be licensed to possess a firearm at their property to protect their life and property.

 

Up to you how hard you push, but personally I wouldn't stay where I wasn't wanted. Save your energy for the fight in Court.

 

If the Court grants you the right for your daughter to live with you then you will probably also get the right to remain in the house with your daughter until she reaches the age of 20.

I don't have anything for the house in my name or any agreement. My wife is at her mum's. The house was built around the same time as we got married. Can't remember if was before or after, was about 16 years ago

[nicelee808]

Just now, nicelee808 said:

I don't have anything for the house in my name or any agreement. My wife is at her mum's. The house was built around the same time as we got married. Can't remember if was before or after, was about 16 years ago

I think I would win my daughter in court as I have a salary and wife doesn't, and she hates her mum

[blackcab]

When was the land purchased?

[nicelee808]

11 minutes ago, blackcab said:

When was the land purchased?

The land was bought before we were married. But just checked the house book. Her name has always been my name so house book was made after we married. I'm on the house book as father of kids

[Keyser Soze666]

Good luck mate. Just another nightmare over here with these Thai women..

 

Somehow I'm still with my one (just) she's stole money from me 3 or 4 times (and I'm not talking tiny piddly amounts like 20k baht either) even stole watches to pawn them, hanging in there for the kids, plus very restricted as to where one can go now of course now that the world has ended..

 

Worse day of my life was meeting her. I'm gutted how it's turned out, but it is what it is, as they say these days.

Edited August 3, 2020 by Keyser Soze666

[nicelee808]

5 minutes ago, Keyser Soze666 said:

Good luck mate. Just another nightmare over here with these Thai women..

 

Somehow I'm still with my one (just) she's stole money from me 3 or 4 times (and I'm not talking tiny piddly amounts like 20k baht either) even stole watches to pawn them, hanging in there for the kids, plus very restricted as to where one can go now of course.

 

Worse day of my life was meeting her. I'm gutted how it's turned out, but it is what it is, as they say these days.

Yeah it's nuts. Thought we were fine for years. But then started showing her true self

[teacherclaire]

It's very sad to read some posts and people making fun of them should immediately lose the right to post.

 

   Considering the courts, they might decide to split 50/50, so that can take time and having a 12 year old daughter who wants to stay with you is worth gold.

 

It's clear that the money for all came from you, if they decide the 50/50 deal, then the house could be sealed and sold.

 

Sad is that you seldom find a good lawyer, but perhaps somebody knows a good one.  

 

   Best of luck. Just don't get angry and fight for your rights.

 

 

 

  

[geriatrickid]

41 minutes ago, nicelee808 said:

I think I would win my daughter in court as I have a salary and wife doesn't, and she hates her mum

What you think is often not what happens.

You are asking on a general forum about specific legal rights. The only person qualified to respond is someone who has experience in Thai family law. Every case is different. Different circumstances, different judge interpretation of the law and facts and different  participants.

 

Your having a salary is more likely to result in your shouldering support costs.

Young girls at their age often detest their mothers. It is normal. It's part of growing up as  kids find themselves and question authority.  The emotion you see as hate is most likely not. Barring  serious abuse and neglect, children do not  "hate" their parents at that age.  All this is to say, is that you need to put your emotional perspective aside and consider only the facts.

 

Save yourself some headaches and do the following;

1. Retain legal counsel.

2. Don't get emotional. As hard as it is, just deal with he facts. Getting upset will only make you sick and will achieve nothing.

3. Don't fight with the ex. Smile and back away. That is not giving in, but conflict will only make it worse.

4. Document everything. Every call, every meeting every  bill paid. look for the original purchase documents. They are vital.

 

Don't cut corners. lawyer up now before you get into a pickle.

 

[Keyser Soze666]

4 minutes ago, nicelee808 said:

Yeah it's nuts. Thought we were fine for years. But then started showing her true self

Yep, same.

[teacherclaire]

2 minutes ago, geriatrickid said:

What you think is often not what happens.

You are asking on a general forum about specific legal rights. The only person qualified to respond is someone who has experience in Thai family law. Every case is different. Different circumstances, different judge interpretation of the law and facts and different  participants.

 

Your having a salary is more likely to result in your shouldering support costs.

Young girls at their age often detest their mothers. It is normal. It's part of growing up as  kids find themselves and question authority.  The emotion you see as hate is most likely not. Barring  serious abuse and neglect, children do not  "hate" their parents at that age.  All this is to say, is that you need to put your emotional perspective aside and consider only the facts.

 

Save yourself some headaches and do the following;

1. Retain legal counsel.

2. Don't get emotional. As hard as it is, just deal with he facts. Getting upset will only make you sick and will achieve nothing.

3. Don't fight with the ex. Smile and back away. That is not giving in, but conflict will only make it worse.

4. Document everything. Every call, every meeting every  bill paid. look for the original purchase documents. They are vital.

 

Don't cut corners. lawyer up now before you get into a pickle.

 

OP, that's sound advice you should follow.

 

   Never get into an argument with her, you'd never win this war.

 

I've seen that a couple of times and such things can get pretty nasty. Stay calm and use your common sense.

 

I know it sounds so easy, but it's more than difficult. 

Good luck! 

[holy cow cm]

Can you prove the money to buy the house came from you and your financing? Step 1. Get a consultation with a lawyer if you have the cash. Preferably a good lawyer. People on TV can guide you to a reputable one if you ask. Good luck. 12 year old daughter is usually daddy's best friend. 

[blackcab]

2 hours ago, nicelee808 said:

The land was bought before we were married. But just checked the house book. Her name has always been my name so house book was made after we married. I'm on the house book as father of kids

 

The law is pretty clear on this part. The land is hers 100 per cent. If the house was built after you were married you may well get half the assessed value of the house, less your legal costs.

 

If your daughter chose to live with you then you could also get the right to stay in the house until your daughter reaches the age of 20.

 

Long term though, unless the house has great value, you won't be walking away with much. The depreciation on the house will knock a significant sum off of the assessed value of the house, especially if it is several years old.

[RichardColeman]

4 hours ago, lee b said:

I would want to leave anyway. Sticking around under the same roof as your Ex can only be dangerous.

100 fold if you have a good insurance policy and a will

[Scott]

Troll post removed.  

 

[colinneil]

8 hours ago, nicelee808 said:

The land was bought before we were married. But just checked the house book. Her name has always been my name so house book was made after we married. I'm on the house book as father of kids.

Forget the fact you are in the house book as father of kids.

Wife wants you out, she will win, if she gives the local police chief money, your gone.

She will do anything, even have you killed, and dont laugh, it has happened before.

Money talks here with the police, events will be made up to get you jailed, police will say/ do anything she wants, if she hands over enough money.

[BritManToo]

10 hours ago, nicelee808 said:

Can my wife have me kicked out by the police or would she have to divorce me first.

She'd need to divorce you first.

Until the settlement everything is assumed to be joint owned and the police won't touch 'domestics'.

You don't need to prove anything to anyone until then, just show the police your marriage certificate if they show up.

Whether it's a good idea to stay there is a different matter mainly depending on if it's a rural village surrounded by her relatives, or a big city surrounded by strangers.

 

Sorry to hear of your predicament.

Surprised at all the wrong advice.

I'd just take my kid (house book, birth cert, marriage cert, copy of wife's ID card) and move somewhere else, no forwarding address.

Edited August 4, 2020 by BritManToo

[colinneil]

1 minute ago, BritManToo said:

She'd need to divorce you first.

Until the settlement everything is joint owned and the police won't touch 'domestics'.

You don't need to prove anything to anyone until then, just show the police your marriage certificate if they show up.

What nonsense, police wont touch domestics, utter rubbish.

[Pravda]

In Thailand more than anywhere else it really depends on what kind of person you married. 

 

If she is from a bad family and determined to kick you out she will do it regardless of what rights you have (or in your case don't have). No advice on this forum will change that. 

 

 

[colinneil]

Just now, fredwiggy said:

He's right on that, as far as it's a civil matter, and the police can't get involved. Others have recommended a lawyer. I recommend Isaan lawyers. They're English and Thais working together. I wouldn't cut and run, as that's parental kidnapping, and although not a crime here, is damaging to the child and considered child abuse. Best to negotiate. She can't make you leave,nor can anyone else. If  the house is built by your money and you can prove it, you can stay, and are more likely to get the house, seeing you're the breadwinner and the child needs stability, which is what the courts here look at. Everything is usually 50/50 here, with the exception being what was yours before the marriage is yours, and the same for her.

He is not right, i am speaking from personal experience.

[Yinn]

9 hours ago, Keyser Soze666 said:

Good luck mate. Just another nightmare over here with these Thai women..

 

Somehow I'm still with my one (just) she's stole money from me 3 or 4 times (and I'm not talking tiny piddly amounts like 20k baht either) even stole watches to pawn them

Lovely

 

9 hours ago, Keyser Soze666 said:

 

Worse day of my life was meeting her. 

Where/how you meeting her?

[Henryford]

You gave her the house.

[fredwiggy]

Just now, colinneil said:

He is not right, i am speaking from personal experience.

The police can only get involved when there is a threat of violence. A civil standby. They have no power to tell you to leave the house. The court makes the final decision. If you are being harassed, contact your embassy, and have them make note of everything that is happening, including making police reports on any threats. You said you're speaking of personal experience. What happened?

[fredwiggy]

Just now, Henryford said:

You gave her the house.

If it's stated as a gift, you can still rescind that gift in the event of a divorce. If you didn't sign it over from the start, it will be considered community property.

[colinneil]

Just now, fredwiggy said:

If it's stated as a gift, you can still rescind that gift in the event of a divorce. If you didn't sign it over from the start, it will be considered community property.

You clearly have no experience of what goes on here, you keep going on about things you know nothing about.

[hotandsticky]

3 minutes ago, fredwiggy said:

The police can only get involved when there is a threat of violence. A civil standby. They have no power to tell you to leave the house. The court makes the final decision. If you are being harassed, contact your embassy, and have them make note of everything that is happening, including making police reports on any threats. You said you're speaking of personal experience. What happened?

 

Another situation... wife tried to kick out the Farang husband/partner (cannot remember if they were married) husband called the police. The husband had a Usufruct and the police told the wife that if anyone had to leave the house it would be her. The police also told the Farang that whilst they had helped him on this occasion, they would not do so again.  The reality.... he stayed until the first time he took another woman back to the house..... at that point 6 members of the wife's family turned up and scared off the woman..... the husband left the house a few days later.