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

[fredwiggy]

What I've stated is coming from a lawyer here with 13 years of experience in family matters.

[hotandsticky]

2 minutes ago, fredwiggy said:

What I've stated is coming from a lawyer here with 13 years of experience in family matters.

 

 

Good luck if you have to rely on that. 

 

The law is certainly 'fair' but the application of the law not always so. The courts whilst usually fair in that application have been known to make 'biased/influenced' decisions. Practical reality is what matters and I have seen a Farang receive his full entitlement from a court instructed sale of a house on a housing estate in a city. If the house is built in the village, or on family land, the reality is invariably somewhat different.

[steven100]

11 hours ago, lee b said:

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

this is correct .... if she turns nasty and cunning which most male & female thai's do when assets or money is to their benefit, she may plant drugs in the home and call the police, she may hire someone, she may do anything unsuspecting at any time to rid you of being around.  imo

[fredwiggy]

Just now, hotandsticky said:

 

 

Good luck if you have to rely on that. 

 

The law is certainly 'fair' but the application of the law not always so. The courts whilst usually fair in that application have been known to make 'biased/influenced' decisions. Practical reality is what matters and I have seen a Farang receive his full entitlement from a court instructed sale of a house on a housing estate in a city. If the house is built in the village, or on family land, the reality is invariably somewhat different.

You do have to rely on that because without a knowledgeable lawyer, you will have to rely on the courts decision without guidance, and they could make a decision that isn't fair to you. All courts make bad and good decisions.

[tonray]

10 hours ago, nicelee808 said:

Can't remember if was before or after, was about 16 years ago

A critical piece of info. If after marriage...you have possibility of some % in divorce. And if wife were to pass before you, you get house and 1 year to sell it. Before...shaky ground...generally all hers.

[Orton Rd]

9 hours ago, holy cow cm said:

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. 

I remember having to sign a form at the land office stating none of the cash was coming from me when our house was bought

[steven100]

8 minutes ago, fredwiggy said:

You do have to rely on that because without a knowledgeable lawyer, you will have to rely on the courts decision without guidance, and they could make a decision that isn't fair to you. All courts make bad and good decisions.

The problem with lawyers in Thailand is that they are reluctant to disagree with the judge and ask for a different or more justifiable outcome for their client .... they tend to not want to argue with the judge and that means the judge will disclose his decision with minimal resistance which is wrong.  imo 

[thaibeachlovers]

11 hours ago, lee b said:

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

I was going to post that, but you beat me to it.

 

The legal rights are meaningless when faced with a dangerous woman that hates one. They have ways. In my final days in the house I slept with my door bolted.

 

Too late for the OP, but I hope every farang reads this or the many similar and does not buy/ build their beloved a house. I made every mistake in the book in my relationship, but I never bought/ built a house for her, even though she wanted me to. Small mercies, but a mercy nonetheless.

[Peterw42]

11 hours ago, Rookiescot said:

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.

Yellow book doesnt give any rights to live somewhere. Yellow book lists foreigners who live at a property but doesnt give any ongoing rights or tenure to the property. A lease or a userfruct gives ongoing tenure 

[fredwiggy]

Just now, thaibeachlovers said:

Are the courts going to appoint security for him to be safe in the house he paid for? No, they are not. He is not safe.

That's why you be civil and negotiate. There is a child involved, which makes it more important. I know what goes on here, sometimes. Protecting yourself isn't an option.

[colinneil]

1 hour ago, fredwiggy said:

 

If he paid for the house, he can live in it, what a clueless comment.

I paid for the house, left to go work in the UK, Buriram court gave my ex the house i paid for.

I was divorced, lost my house, car, motorbike and only found out 9 months later.

So that makes your comments nonsense.

[thaibeachlovers]

Just now, fredwiggy said:

That's why you be civil and negotiate. There is a child involved, which makes it more important. I know what goes on here, sometimes. Protecting yourself isn't an option.

You appear to be lacking in awareness of what can happen to him, and has happened to others. If she was "civil" it wouldn't be a topic on here. My ex would never ever negotiate on anything.

[thaibeachlovers]

2 minutes ago, colinneil said:

If he paid for the house, he can live in it, what a clueless comment.

I paid for the house, left to go work in the UK, Buriram court gave my ex the house i paid for.

I was divorced, lost my house, car, motorbike and only found out 9 months later.

So that makes your comments nonsense.

Some posters have no clue about a side of LOS that they have apparently never experienced. They post as though they were living in wherever they came from.

[thaibeachlovers]

5 minutes ago, Peterw42 said:

Yellow book doesnt give any rights to live somewhere. Yellow book lists foreigners who live at a property but doesnt give any ongoing rights or tenure to the property. A lease or a userfruct gives ongoing tenure 

Agreed, but one can only live in the house at the sufferance of the ex. Real life trumps legality.

[fredwiggy]

Just now, colinneil said:

If he paid for the house, he can live in it, what a clueless comment.

I paid for the house, left to go work in the UK, Buriram court gave my ex the house i paid for.

I was divorced, lost my house, car, motorbike and only found out 9 months later.

So that makes your comments nonsense.

Again, I'm stating what a lawyer related to me. You left the house, went to go to work in another country. Your ties here aren't as strong as those that actually live here full time. That makes your comments invalid. Read the OP's post. He lives in the house with his daughter. They aren't likely to remove him from that stability. Your case wasn't stability. You, like some others here, leave to work elsewhere, and aren't retired or working in this country. If you would have stayed here, hired a lawyer and fought, your outcome might have been more favorable. When you aren't here, it looks like your priorities are elsewhere.

[colinneil]

Just now, fredwiggy said:

Again, I'm stating what a lawyer related to me. You left the house, went to go to work in another country. Your ties here aren't as strong as those that actually live here full time. That makes your comments invalid. Read the OP's post. He lives in the house with his daughter. They aren't likely to remove him from that stability. Your case wasn't stability. You, like some others here, leave to work elsewhere, and aren't retired or working in this country. If you would have stayed here, hired a lawyer and fought, your outcome might have been more favorable. When you aren't here, it looks like your priorities are elsewhere.

Please stop, it is clear you have no idea what goes on here.

All you are doing by keep prattling on is making yourself look pathetic.

[BritManToo]

Just now, thaibeachlovers said:

Some posters have no clue about a side of LOS that they have apparently never experienced. They post as though they were living in wherever they came from.

The only way to get me to back down is to shoot me.

Overpowering me has never really been an option.

In Thailand the police generally won't shoot an unarmed person.

I'm betting I've experienced a much harder and tougher side of Thailand than most.

Most of the Thai guys I know carry a gun.

 

Gonna stand my ground, and I won't back down.

[thaibeachlovers]

1 minute ago, fredwiggy said:

Again, I'm stating what a lawyer related to me. You left the house, went to go to work in another country. Your ties here aren't as strong as those that actually live here full time. That makes your comments invalid. Read the OP's post. He lives in the house with his daughter. They aren't likely to remove him from that stability. Your case wasn't stability. You, like some others here, leave to work elsewhere, and aren't retired or working in this country. If you would have stayed here, hired a lawyer and fought, your outcome might have been more favorable. When you aren't here, it looks like your priorities are elsewhere.

Have you been divorced and been through the court system in LOS? Have you lived in a house when your ex wants you out? Have you ever been in fear of your life because your wife wanted you gone?

 

Lawyers will tell you anything if they think they can make a buck out of you. I never had dealings with a lawyer that worked for my benefit.

 

As for your comments re his "ties"- you know nothing about him to say that, and frankly you apparently have a strange idea of reality in LOS, in my opinion.

[thaibeachlovers]

5 minutes ago, colinneil said:

Please stop, it is clear you have no idea what goes on here.

All you are doing by keep prattling on is making yourself look pathetic.

[fredwiggy]

51 minutes ago, hotandsticky said:

 

I told him to retain a lawyer, like others. That's his best defense. Thai courts aren't much different than any other country. It's 50/50 here also, anything that was purchased after the marriage. This, again, was related to me by 3 lawyers I've talked with. Some have horror stories yes, but we don't know the details and you are only assuming because they were not treated "fairly'. if you weren't involved, you don't know what happened in their cases. Does Thailand use prejudice against foreigners as far as marital assets are concerned? It's in their law books what is decided. Any judge can make a rash decision and act in a prejudiced manner. that doesn't mean they all do and all the time. A couple here have obviously been taken advantage of. Did they cheat on their wives or abuse them> Did their wives contribute to the house being built?Do they live in the house when their wife left it? Does the child still stay in that house? Can a woman that left get a house when she isn't making enough money to support that child in that house? there are many variables and thinking this one size fits all doesn't work. What happened to you or a few others isn't what happens to everyone. Going back to the Op's original statement, I think he has a good chance of staying in that house,and this is what I stated that a lawyer here told me. In any country, you can be taken to the cleaners, not just this one. That's why you retain a lawyer that's familiar with the local courts and has a good success rate.

[ChipButty]

She might be planning to move you out in a wooden box, it has been known

[OneMoreFarang]

10 hours ago, nicelee808 said:

Thought we were fine for years. But then started showing her true self

It seems you were at least 16 years together.

 

Did she really hide her "true self" for 15 years? Or did she change over time and you changed over time and now you are not compatible anymore?

 

We all change over time. And if we are lucky and are willing to compromise then we change in a similar direction together with our partner. But maybe not. That's life!

I don't think many people hide their "true self" for many years for whatever reason. I think it's more likely that others only like to see one part of a personality and ignore other parts - until it is too late.

 

I hope you work think out and I hope all goes well with your daughter.

And maybe at some point you can look at the past as a good time were you were happy together. And then you developed in different directions and it didn't work out anymore. Not all partnerships are for life because life is a long time.

[petermik]

7 hours ago, thaibeachlovers said:

 

 

Too late for the OP, but I hope every farang reads this or the many similar and does not buy/ build their beloved a house. I made every mistake in the book in my relationship, but I never bought/ built a house for her, even though she wanted me to. Small mercies, but a mercy nonetheless.

I had a house built for my girlfriend and myself 5 years ago...something for her when my toes curl up...we rent a condo in Pattaya and go down to the house each month (940 kms away in Trang) It was my thoughts and without any pressure from her to do this but as we all know sh*t happens sometimes...my simple philosophy is do not spend any more money here that you cannot afford to walk away from if need be....us farangs have little if no rights here....if at any time I felt not wanted by her I would simply walk and rent in the future.....

[NorthernRyland]

Is Thailand like the US where the court demands you split all assets acquired after the marriage?

[fredwiggy]

10 minutes ago, thaibeachlovers said:

Have you been divorced and been through the court system in LOS? Have you lived in a house when your ex wants you out? Have you ever been in fear of your life because your wife wanted you gone?

 

Lawyers will tell you anything if they think they can make a buck out of you. I never had dealings with a lawyer that worked for my benefit.

 

As for your comments re his "ties"- you know nothing about him to say that, and frankly you apparently have a strange idea of reality in LOS, in my opinion.

I haven't been divorced here. I am living in the house. I treat my wife extremely well but as others know, that's not everything here. I'm not in fear of my life because I treat my wife well, and she has never had any reason to want me gone. Maybe others are commenting on what happened to them because they mistreated their wives? Besides mental illness, there isn't a reason otherwise a wife would want you "gone". Is there? Money can be negotiated, as most anything can. if you act civil to them, the outcome can be in favor of everyone. Divorce hurts everyone, but it doesn't have to destroy the lives of everyone. A few here are posting obviously from their own experiences, and we have no idea how their relationship went. Thinking you are helping by telling them to just leave, or take the kid and run, isn't going to win favor with either the court or your wife, or child for that matter. I live here, and know full well what goes on here, and know that some foreigners treat their wives as slaves and cheat on them or abuse them, or come home drunk every night. That doesn't make them want to be civil with you. Again, I suggested he contact Isaan lawyers, as I've talked with them and they seem very keen on what goes on here. Getting a divorce without a lawyer  isn't smart. You have no idea of the legal system here, can't understand what is going on (unless you're fluent in Thai) and if you don't know how to defend what is yours, you can lose it. Simple advice.

Edited August 4, 2020 by fredwiggy

[NorthernRyland]

25 minutes ago, colinneil said:

I paid for the house, left to go work in the UK, Buriram court gave my ex the house i paid for.

Is this a statement of fact on Thai law or a corrupt court in action?

[petermik]

7 hours ago, genericptr said:

Is Thailand like the US where the court demands you split all assets acquired after the marriage?

Noooooooooo......we have little or no rights

[Peterw42]

2 minutes ago, genericptr said:

Is Thailand like the US where the court demands you split all assets acquired after the marriage?

To a point, yes, but foreigners cant own land so how do you split an asset that you cant own in the first place. It ends up being a battle between property ownership laws and divorce laws

[petermik]

7 hours ago, genericptr said:

Is this a statement of fact on Thai law or a corrupt court in action?

Neither...it,s just how things are here

[fredwiggy]

Just now, genericptr said:

Is Thailand like the US where the court demands you split all assets acquired after the marriage?

 

Division of marital property and keeping personal property in a divorce

Marriage in Thailand creates jointly owned marital property (property of husband and wife). Upon divorce all property of husband and wife (jointly owned marital assets and debts) shall be divided equally between man and woman (section 1533). Division of marital assets in a divorce is often a subject of disagreement and who gets what often comes down to negotiation and who can prove what he or she has brought into the marriage as personal property (do you have a prenuptial agreement). The law specifies that in case of doubt, whether a property or debt is personal or marital, it will be considered marital (section 1474) and therefore subject to an equal division. Without any evidence of an asset being personal (in Thai referred to as 'Sin Suan Tua' and described in section 1471) any assets acquired during the marriage will be considered property of husband and wife (called 'sim somros' in Thai and described in section 1474) and subject to an equitable distribution.

Prenuptial agreement

To prevent disputes over assets and improve your legal position in a divorce it is recommended to have a prenuptial agreement and keep a registration of personal assets. Personal assets are separate assets and are not divided during divorce.

Gifts and contracts between husband and wife

When you made an agreement with your spouse (a gift is also considered a contract under Thai law) concerning personal or marital assets then such agreement can be voided during marriage or within one year from the day of dissolution of marriage (section 1469). During a divorce, looking at property of husband and wife, any contract, like a loan or gift, can be voided and the return of the money shall be governed by the provisions on Undue Enrichment (406 - 419 civil and commercial code).             Guess I did some research before I posted, and didn't respond out of anger or personal experiences where others may have done their partners wrong.