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

[ChakaKhan]

Sad to say but Id say you learned a Life lesson in LOS .......these lessons can be repeated until learned

 

Cut ur losses and never spend what you cant afford to lose.....Ive learn many lessons myself there....

[NorthernRyland]

2 minutes ago, Peterw42 said:

To a point, yes, but foreigners cant own land so how do you split an asset that you cant own in the first place.

I thought you were forced to liquidate the property or have the wife buy you out of the 50% share.

 

Anyways that's depressing. So if I have 100k USD today and I get married tomorrow, then divorced next year, now I have 50k USD? This doesn't sound like a very appealing contract to me.

[Peterw42]

3 minutes ago, fredwiggy said:

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.

Thats enough of the research and facts, this is Thaivsa, its bar-stool wisdom, hearsay and wild speculation. "A bargirl stole my kidney" etc.

 

[fredwiggy]

Just now, genericptr said:

I thought you were forced to liquidate the property or have the wife buy you out of the 50% share.

 

Anyways that's depressing. So if I have 100k USD today and I get married tomorrow, then divorced next year, now I have 50k USD? This doesn't sound like a very appealing contract to me.

Anything you had before a marriage is yours. That's the law most everywhere. Anything accrued after the marriage is considered community property and will be divided equally. If someone gets the children primary custody, and the other gets visitation, court ordered support may be added. You can use a mediator and decide who gets what without a courts decision. If you can't decide, you go to court and let them decide, and that's not always a good idea as you might be dealing with a prejudiced judge who favors either men, women or those of his own nationality. Every court has laws they abide by, and a good lawyer knows these laws.

[hotandsticky]

4 minutes ago, genericptr said:

I thought you were forced to liquidate the property or have the wife buy you out of the 50% share.

 

Anyways that's depressing. So if I have 100k USD today and I get married tomorrow, then divorced next year, now I have 50k USD? This doesn't sound like a very appealing contract to me.

 

 

LOL........ that's marriage for you................????

[NorthernRyland]

6 minutes ago, fredwiggy said:

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.

It sounds like OP could have made a legal document regarding the house ownership stating it WAS paid for by him? Maybe then he could get his money back in some large percent. Either way he would have to move out, but I would think that would be a relief.

[ChakaKhan]

6 minutes ago, genericptr said:

I thought you were forced to liquidate the property or have the wife buy you out of the 50% share.

 

Anyways that's depressing. So if I have 100k USD today and I get married tomorrow, then divorced next year, now I have 50k USD? This doesn't sound like a very appealing contract to me.

Before Britman beats me to it...Id quote him as saying "thats why its always better to rent"....

 

My married buddies have warned me as well as Im the last bachelor amongst them.....lucky I guess...

[ChakaKhan]

6 minutes ago, Peterw42 said:

Thats enough of the research and facts, this is Thaivsa, its bar-stool wisdom, hearsay and wild speculation. "A bargirl stole my kidney" etc.

 

Your avatar is welcome to my wallet Mr P  ????

[NorthernRyland]

4 minutes ago, fredwiggy said:

Anything you had before a marriage is yours.

It's still painful to think 50% of every hour you work henceforth now belongs to the wife. This sounds like an extortion racket or something. No wonder marriage rates are plummeting.

[thaibeachlovers]

11 minutes ago, genericptr said:

I thought you were forced to liquidate the property or have the wife buy you out of the 50% share.

 

Anyways that's depressing. So if I have 100k USD today and I get married tomorrow, then divorced next year, now I have 50k USD? This doesn't sound like a very appealing contract to me.

The wife can make it difficult to sell at a decent price, or at all.

[Peterw42]

3 minutes ago, genericptr said:

It sounds like OP could have made a legal document regarding the house ownership stating it WAS paid for by him? Maybe then he could get his money back in some large percent. Either way he would have to move out, but I would think that would be a relief.

If a Thai wife acquires land etc during a marriage, the foreign husband is required to sign a document at the land office actually stating the opposite, no claims on the property etc.

Its comes down to whether divorce law trumps property law.

[steven100]

Do not believe everything a lawyer tells you. This is not the west where you have laws and concrete rules that the court must follow ......  The problem in Thailand is there is not sufficient or an appropriate mechanism that is concrete following a marriage or partner breakup. Communication between judge and lawyers and you are not clear ... even with a translator,  it's just wishy washy talk and the judge does not look outside the box ....  he will issue judgement the same as he did at last weeks farang breakup, and the week before and so on. 

The lawyer will not argue or make suggestion or do anything that will help ....  he will follow his law book back in the office same as he's done for the last 100 farang cases.

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 

 

 

 

 

Edited August 4, 2020 by steven100

[pixelaoffy]

13 minutes ago, Peterw42 said:

Thats enough of the research and facts, this is Thaivsa, its bar-stool wisdom, hearsay and wild speculation. "A bargirl stole my kidney" etc.

 

Barstool post there 

[Peterw42]

16 minutes ago, genericptr said:

I thought you were forced to liquidate the property or have the wife buy you out of the 50% share.

 

Anyways that's depressing. So if I have 100k USD today and I get married tomorrow, then divorced next year, now I have 50k USD? This doesn't sound like a very appealing contract to me.

Land acquired during marriage has its own set of rules, not always the usual 50% share.

[thaibeachlovers]

30 minutes ago, OneMoreFarang said:

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.

My wife was lovely, and everything I wanted, for a year. then we moved to live with the family and they worked on her to get rid of me because I wouldn't give them any money. She told me they wanted her to divorce me. I said she could have one but she said she didn't so we stayed together. Unfortunately it got so bad I had to ask for a divorce.

I think she was a lovely person driven crazy by being conflicted between myself and her family.

 

That's why I always say never go to live near the family.

[pixelaoffy]

3 minutes ago, steven100 said:

Do not believe everything a lawyer tells you. This is not the west where you have laws and concrete rules that the court must follow ......  The problem in Thailand is there is not sufficient or an appropriate mechanism that is concrete following a marriage or partner breakup. Communication between judge and lawyers is not clear ... even with a translator,  it's just wishy washy talk and the judge does not look outside the box ....  he will instruct the same request as he did at last weeks farang breakup, and the week before and so on. 

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 

Perfect summation ! If you are naive enough to marry a Thai in Thailand and not prepared to lose all you have and access to children then don't do it!

[bert bloggs]

I read about some guys nightmare stories all the time and thank goodness i have such a good and nice wife ,also the house is in our sons name and he would never throw me out????

[baansgr]

It's her house, she can sell it beneath your feet, borrow on it or have you evicted...hard but that's how it is...

[blackcab]

Off topic posts and replies to them have been removed.

[hotandsticky]

2 minutes ago, baansgr said:

It's her house, she can sell it beneath your feet, borrow on it or have you evicted...hard but that's how it is...

 

 

Unless your name is on the chanote (as with a Usufruct or lease) then she is free to do what she wants.

[baansgr]

15 minutes ago, steven100 said:

Do not believe everything a lawyer tells you. This is not the west where you have laws and concrete rules that the court must follow ......  The problem in Thailand is there is not sufficient or an appropriate mechanism that is concrete following a marriage or partner breakup. Communication between judge and lawyers and you are not clear ... even with a translator,  it's just wishy washy talk and the judge does not look outside the box ....  he will issue judgement the same as he did at last weeks farang breakup, and the week before and so on. 

The lawyer will not argue or make suggestion or do anything that will help ....  he will follow his law book back in the office same as he's done for the last 100 farang cases.

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 

 

 

 

 

Lawyers tell you want you want to hear, for a retainer if 50k, 100k, 150k.....even legal contracts, divorce agreements are hard to enforce....time consuming, expensive and bad for health...

[colinneil]

29 minutes ago, fredwiggy said:

 

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.

You sure are living in fantasy land, division of marital property, yes in a perfect world maybe, but maybe you have not noticed, we dont live in a perfect world.

What should happen, and what actually happens is not the same thing.

[robblok]

27 minutes ago, thaibeachlovers said:

My wife was lovely, and everything I wanted, for a year. then we moved to live with the family and they worked on her to get rid of me because I wouldn't give them any money. She told me they wanted her to divorce me. I said she could have one but she said she didn't so we stayed together. Unfortunately it got so bad I had to ask for a divorce.

I think she was a lovely person driven crazy by being conflicted between myself and her family.

 

That's why I always say never go to live near the family.

Seen that before that wives are pressured by family. My ex was pressured never caved in. I am still living in the house that i bought with her (she paid too so i paid her back for that part). We divorced over the fact that she wanted kids and i did not. All went perfectly nice and we are friends until this day. Actually been on friendly terms with most of my ex g/f or wives. Its all about finding the right ones and treating them nice.

 

Plenty of good woman around you just have to be selective and stay within your range the younger and prettier the woman and the older and less social adapt the guy the more chance its about money.

[bolt]

I believe the families see most expats as interest free loans, with an option of NOT paying it back, they are way too optimistic with business ideas, and if it goes bust it wasn’t their money that got burnt.

Always remember that whatever you invest in the country, be prepared to walk away with ZERO

[bkk6060]

12 minutes ago, bolt said:

I believe the families see most expats as interest free loans, with an option of NOT paying it back, they are way too optimistic with business ideas, and if it goes bust it wasn’t their money that got burnt.

Always remember that whatever you invest in the country, be prepared to walk away with ZERO

Foreigner buying or building a house is number one on their list.  But, I have heard so many stories on how after the excitement of the house is complete, things change.

 

 

 

[NorthernRyland]

1 hour ago, thaibeachlovers said:

 

That's why I always say never go to live near the family.

My girlfriends mom and brother died, she hates her sister and her dad is 75 and not long for this world. That leaves basically nobody. Just the way I like it. ????

[robblok]

1 hour ago, bolt said:

I believe the families see most expats as interest free loans, with an option of NOT paying it back, they are way too optimistic with business ideas, and if it goes bust it wasn’t their money that got burnt.

Always remember that whatever you invest in the country, be prepared to walk away with ZERO

You would be suprised how much of this also goes on within the family. Its not an anti farang thing. But yes best is just not to pay.

 

But its sometimes really hard for the wive being pressured at two sides and being in the middle. Not a nice place to be. Divided loyalties and all peer pressure. Some can handle it some cannot. 

[rumak]

13 hours ago, nicelee808 said:

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

Thailand .   Number 1 again !  (how long can a woman last before her true self emerges)

 

The thing with relationships is :  the percentage that exist which have a formula ( 2 personalities,

2 hearts,  2 sexual appetites and preferences,  character i.e honesty and ethics ,  lifestyle preferences, etc etc etc).......... well, the percentage that will remain compatible and happy to stay in an exclusive

partnership for YEARS is  IMO   much lower than even the so-called 50% divorce rate.   

How many of you reading this are at this moment questioning just what the heck you got yourself into?

If your "partner" is not nearby...... raise your hand      ????

 

 

 

[rumak]

2 hours ago, baansgr said:

Lawyers tell you want you want to hear, for a retainer if 50k, 100k, 150k.....even legal contracts, divorce agreements are hard to enforce....time consuming, expensive and bad for health...

the big problem with lawyers........  is that they can't be trusted.   then you have to get another lawyer

to fight the first lawyer.   turns out they're related     555

 

[fredwiggy]

2 hours ago, colinneil said:

You sure are living in fantasy land, division of marital property, yes in a perfect world maybe, but maybe you have not noticed, we dont live in a perfect world.

What should happen, and what actually happens is not the same thing.

No, I live here, and here, as in all countries that have laws on the book, they have to abide by those laws. A "good" lawyer is hired to fight for you, to know the laws of the country he is living in, and to make sure the court abides by them. Again, you can't go by what happened to you and a few others personally, because we don't know you're particular situation. Maybe you cheated, abused or hurt the wife in some way, and that was held against you when you went to court. Not appearing in court makes you look like you don't care of the outcome, and they will judge accordingly.  A court makes their decision based on facts, not assumptions. If you look at their own laws, as I posted, you will see that this is something that is on their books, and something they are legally bound to. If the court makes a stupid decision, you can appeal it, and expose them for wrongdoing, just as in other countries. Don't assume what happened to you will happen to anyone else. Your circle might include a few others that have told you what happened to them in court. Most people won't tell you the full truth because they don't want to be embarrassed. The laws here state what I posted. Anything you had before marriage is yours. Same for her. Anything you accrue after the divorce is community property, and subject to a 50/50 split. If you paid for everything in the house and can prove it by bills, statements and money coming in, that's your house also, and if the court decides that you have to sell it, which could take years or forever, you can stay in it She can also. If there are kids involved, that's when you need to fight, because the stability of the kids is most important in their eyes. If they see you as the provider, who paid for everything, while the wife sits back and does nothing but complain, she is entitled to half anyway, but you can stay in the house if they believe you are the more stable of the two, and the kids need a place to live, and bouncing around from one place to another isn't stability. Taking the kids out of their home, schools, and a source of income isn't in their best interests. getting a mediator first, which is what courts do here, is a way to work out an arrangement that works for everyone involved. If you can't agree, you take it to court and let them decide, which isn't always what you want but again, what the kids need. A judge can't break the countries own laws. I would like to see where a foreigner that was good to his wife and provided everything lost everything. I don't think it will happen unless there were underlying issues. If a house was paid for by the wife, or half, she can get the house, and the rest of the accrued property will be divided accordingly That's the case most everywhere else. A father (legal) will always get visitation, or custody, unless he hurt the children in some way. The woman usually gets primary custody here because they haven't understood that it's in the best interests of the children to find out where the best place is, and not a gender thing. I got custody of all four of my children in America because I was the only stable parent they had, and my wife tried to lie, which they didn't buy because they're way past that kind of nonsense there. I bought the house a week before we were legally married, and she tried to get it. No dice. All she got was 1/2 of what we accrued during our marriage. The same happens here. If you have a good lawyer, he's hired to win for you, not go through the motions. If you don't pressure him to do his job, he might just go along and get paid. He has to do what you ask him, as long as it abides by the laws here. the judge also has to abide by the laws, or he can be removed. Make a deal with your wife. They like money, and a lot don't care for the responsibility of their kids past age 5. If she'll agree ,then you'll both be happy. If not, hire a lawyer, a good one.

Edited August 4, 2020 by fredwiggy