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

[fredwiggy]

7 minutes ago, colinneil said:

You are living in a dream world, prattling on, but not reading first.

I have clearly stated, i was not in the country but in the UK, and i said i only found out about the court case 9 months later.

Please keep up.

I have clearly stated, and not prattling as that isn't in my repertoire, that "Your situation must have been one where you did something wrong, like not appearing in court"? I know, by reading first, and always, that you weren't in the country, and that is why you had no defense, so your situation doesn't help any that are here, so please stop prattling on with information that has no bearing on the subject. I know you're bitter, as most of us here that have been taking advantage of by Thai women, but a court must abide by their own rules. Things cost money, like appeals, and lawsuits against the court themselves. I know what happens in corrupt courts, believe me, I was at first a victim of one moronic judge that didn't read the transcripts of my case, and having a lawyer that was another moron didn't help either. But I didn't want my children where they were originally placed, so I fought until the judge realized his mistake and changed his decision, giving me back my children so they could be in a more stable place with me. This was in the United States, where women generally get custody anyway, just like here, because the courts think the mother is the nurturer. That isn't always true, as some mothers are quite disturbed and shouldn't be allowed custody. If you don't think it's worth your time to fight for your kids, you shouldn't have any. If you do, then you fight until you get the children in a stable environment, and 1/2 visitation at the least. Thai laws states.....................................................                    Under Thai marriage and divorce laws only common property must be divided in equal shares upon termination of the marriage, non-marital (personal) assets do not have to be divided. When dividing assets between husband and wife in a divorce (or death) the first question is if an asset is a personal or common property. When the above procedure has been followed the foreigner cannot simply ask for division of the house as part of the common property as the house is registered as a personal property of the Thai spouse and therefore must not be divided (the foreign spouse has signed away his rights in the land office certify letter). Only if the official land acquisition procedure for a Thai national married to a foreigner not has been followed the land or land and house is considered a common property between husband and wife and must be divided upon termination of the marriage (unless the Thai spouse can proof the home is purchased with her personal property). In practice this situation can only be achieved if the Thai spouse has given false information to the land office officials when registering ownership over the property (not declaring the marriage with the foreigner). In such cases the Land Departments enforcement and punishment measures in land holding as an agent for a foreigner could be applied and used against the foreigner and his Thai spouse, and if found guilty they are liable for fines and even imprisonment................................... Meaning if he didn't sign away his rights to the house, it is jointly owned...........................    .https://www.samuiforsale.com/family-law/marriage-property-regime.html

[BritManToo]

14 minutes ago, fredwiggy said:

I know you're bitter, as most of us here that have been taking advantage of by Thai women, but a court must abide by their own rules.

No Thai woman has ever taken advantage of me.

Keep your money in your home country, they can't get it, no matter how good their lawyer, or how corrupt the authorities.

If you bring large chunks of your assets into Thailand, you're likely to lose them.

 

Can't understand the anger towards Thai women, their motives are completely obvious to all except the most deluded.

If she wants my money, I'm happy to drip-feed it to her .......... in exchange for something I want of course.

[Pravda]

39 minutes ago, BritManToo said:

 

If she wants my money, I'm happy to drip-feed it to her .......... in exchange for something I want of course.

 

It's a slow process, but in the end everyone gets what they want

 

 

[thaibeachlovers]

On 8/6/2020 at 11:51 AM, fredwiggy said:

But I didn't want my children where they were originally placed, so I fought until the judge realized his mistake and changed his decision, giving me back my children so they could be in a more stable place with me. This was in the United States, where women generally get custody anyway, just like here, because the courts think the mother is the nurturer. That isn't always true, as some mothers are quite disturbed and shouldn't be allowed custody. If you don't think it's worth your time to fight for your kids, you shouldn't have any.

I'm so very, very, very, very happy I didn't have kids.

[Bender Rodriguez]

On 8/6/2020 at 7:12 AM, BritManToo said:

No Thai woman has ever taken advantage of me.

well, if you pay by the hour, you got your money's worth

[Bender Rodriguez]

On 8/6/2020 at 6:51 AM, fredwiggy said:

I have clearly stated, and not prattling as that isn't in my repertoire, that "Your situation must have been one where you did something wrong, like not appearing in court"? I know, by reading first, and always, that you weren't in the country, and that is why you had no defense, so your situation doesn't help any that are here, so please stop prattling on with information that has no bearing on the subject. I know you're bitter, as most of us here that have been taking advantage of by Thai women, but a court must abide by their own rules. Things cost money, like appeals, and lawsuits against the court themselves. I know what happens in corrupt courts, believe me, I was at first a victim of one moronic judge that didn't read the transcripts of my case, and having a lawyer that was another moron didn't help either. But I didn't want my children where they were originally placed, so I fought until the judge realized his mistake and changed his decision, giving me back my children so they could be in a more stable place with me. This was in the United States, where women generally get custody anyway, just like here, because the courts think the mother is the nurturer. That isn't always true, as some mothers are quite disturbed and shouldn't be allowed custody. If you don't think it's worth your time to fight for your kids, you shouldn't have any. If you do, then you fight until you get the children in a stable environment, and 1/2 visitation at the least. Thai laws states.....................................................                    Under Thai marriage and divorce laws only common property must be divided in equal shares upon termination of the marriage, non-marital (personal) assets do not have to be divided. When dividing assets between husband and wife in a divorce (or death) the first question is if an asset is a personal or common property. When the above procedure has been followed the foreigner cannot simply ask for division of the house as part of the common property as the house is registered as a personal property of the Thai spouse and therefore must not be divided (the foreign spouse has signed away his rights in the land office certify letter). Only if the official land acquisition procedure for a Thai national married to a foreigner not has been followed the land or land and house is considered a common property between husband and wife and must be divided upon termination of the marriage (unless the Thai spouse can proof the home is purchased with her personal property). In practice this situation can only be achieved if the Thai spouse has given false information to the land office officials when registering ownership over the property (not declaring the marriage with the foreigner). In such cases the Land Departments enforcement and punishment measures in land holding as an agent for a foreigner could be applied and used against the foreigner and his Thai spouse, and if found guilty they are liable for fines and even imprisonment................................... Meaning if he didn't sign away his rights to the house, it is jointly owned...........................    .https://www.samuiforsale.com/family-law/marriage-property-regime.html

 

 

my ex was more cunning... I never had to go to the land department and found out why... she had put it under the name .... of her father, that gifted it away to her sister and after a few years, to her.... just in case there would have been a divorce and I could have claimed nothing, but my ex could have claimed half of my savings...

 

my @...@ lawyer did not even bother to go to the land department before court date and that is why I had a real S.@@Y. LAWYER and had to find out myself many months later...

 

[steven100]

On 8/5/2020 at 1:36 AM, Know not me said:

O was in this exact situation a few months back. When I returned from a  trip my wife had stents my expensive watch. I called the police, they said prove it. Who are they going ho believe you or a thwoman. We then got into am argument  about the watch, bad mistake on my part. She called the police and I was told if I did not leave the house I would be committed.  I retained a lawyer but since the virus the courts have been closed. I think you better off writing the whole thing off as a bad experience and move on

 

exactly correct .....  they play a long game to get financial gain. It may take 1 yr or 5 yrs but it will happen.  Then the police saga always comes into play, they will lie to the police just to try and win. They will lie in the court to the judge but they don't care one bit about the lies. The judge will make out you are the winner but in reality the defendant walks out laughing.

Thai's are cheats and liars .  imo

 

 

 

[steven100]

On 8/6/2020 at 6:51 AM, fredwiggy said:

I have clearly stated, and not prattling as that isn't in my repertoire, that "Your situation must have been one where you did something wrong, like not appearing in court"? I know, by reading first, and always, that you weren't in the country, and that is why you had no defense, so your situation doesn't help any that are here, so please stop prattling on with information that has no bearing on the subject. I know you're bitter, as most of us here that have been taking advantage of by Thai women, but a court must abide by their own rules. Things cost money, like appeals, and lawsuits against the court themselves. I know what happens in corrupt courts, believe me, I was at first a victim of one moronic judge that didn't read the transcripts of my case, and having a lawyer that was another moron didn't help either. But I didn't want my children where they were originally placed, so I fought until the judge realized his mistake and changed his decision, giving me back my children so they could be in a more stable place with me. This was in the United States, where women generally get custody anyway, just like here, because the courts think the mother is the nurturer. That isn't always true, as some mothers are quite disturbed and shouldn't be allowed custody. If you don't think it's worth your time to fight for your kids, you shouldn't have any. If you do, then you fight until you get the children in a stable environment, and 1/2 visitation at the least. Thai laws states.....................................................                    Under Thai marriage and divorce laws only common property must be divided in equal shares upon termination of the marriage, non-marital (personal) assets do not have to be divided. When dividing assets between husband and wife in a divorce (or death) the first question is if an asset is a personal or common property. When the above procedure has been followed the foreigner cannot simply ask for division of the house as part of the common property as the house is registered as a personal property of the Thai spouse and therefore must not be divided (the foreign spouse has signed away his rights in the land office certify letter). Only if the official land acquisition procedure for a Thai national married to a foreigner not has been followed the land or land and house is considered a common property between husband and wife and must be divided upon termination of the marriage (unless the Thai spouse can proof the home is purchased with her personal property). In practice this situation can only be achieved if the Thai spouse has given false information to the land office officials when registering ownership over the property (not declaring the marriage with the foreigner). In such cases the Land Departments enforcement and punishment measures in land holding as an agent for a foreigner could be applied and used against the foreigner and his Thai spouse, and if found guilty they are liable for fines and even imprisonment................................... Meaning if he didn't sign away his rights to the house, it is jointly owned...........................    .https://www.samuiforsale.com/family-law/marriage-property-regime.html

and all the while the wife is transferring every damn asset into the brothers name behind your back

so you end up with zero.

[JustAnotherHun]

It won't help the OP and I'm sorry to read a story that I heared in hundreds of variations over the years.

 

If you want to buy land/home/anything in your wife's/GF's/family's name see it as a gift.

If you cannot afford to loose your "investment", let it be.

Do not fight for your "right", even if there's a contract/housebook. No home is worth to risk your mental and physical health, especially in rural aeras, where it can become quite dangerous.

 

Enjoy your home/wife as long as it lasts and when it comes to the break and things turn ugly, just smile and walk away.

If you have kids and want keep them, try first to come to an agreement with their mother. It can be much easier as expected. Money helps not only in Thailand.

Good luck to the OP

[BritManToo]

3 hours ago, steven100 said:

exactly correct .....  they play a long game to get financial gain. It may take 1 yr or 5 yrs but it will happen. 

I anticipated the long game.

She bought a house on a 27 year mortgage (SCB) ....... in the unlikely event I make it to 84, she'll have got a free house.

Happy to leave any time she wants, but while I live there I make the repayments.

[thaibeachlovers]

On 8/19/2020 at 1:14 AM, BritManToo said:

I anticipated the long game.

She bought a house on a 27 year mortgage (SCB) ....... in the unlikely event I make it to 84, she'll have got a free house.

Happy to leave any time she wants, but while I live there I make the repayments.

You did it the right way. One has to make it worth their while NOT to dump one.

[anto]

On 8/3/2020 at 4:26 PM, Keyser Soze666 said:

Yep, same.

....and same here.Mine kept up the acting of the dutiful wife for 10 years.A good point made by somebody before is dont get into arguments and get emotional .Use your head instead.Been there done that.

[Andy from Kent]

On 8/4/2020 at 2:41 PM, Bender Rodriguez said:

ex went to police many times, for things she started, they never came

 

on day, my ex came with 5 police, her lawyer bribed, to threaten me with arrest, if I did not let my child , against her will, go with psycho ex for the day

 

my lawyer was "busy" that time for an hour when they were here

 

mhhhhhhh

 

You should have gotten a new lawyer the next day.

 

[Bender Rodriguez]

On 8/18/2020 at 8:14 PM, BritManToo said:

I anticipated the long game.

She bought a house on a 27 year mortgage (SCB) ....... in the unlikely event I make it to 84, she'll have got a free house.

Happy to leave any time she wants, but while I live there I make the repayments.

without life insurance, in case well, if you die early ? or mortgage is 100 percent her name ?

[BritManToo]

8 minutes ago, Bender Rodriguez said:

without life insurance, in case well, if you die early ? or mortgage is 100 percent her name ?

The life insurance is on her, it's her mortgage.

If she dies, I get a free house.