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Posted

how long is a piece of string question this is. circumstances? children? where are you at the moment (in thailand or OS?) length of marriage? where were you married? 

based on the OP somewhere between 20 Baht and xxxxxx Baht. 

sorry... we need a bit more info to give you a 'rough' idea.....

beware of PM's though, they will come, fishing for business.

most important is, where are you now?

the rest i asked is near as important too.

 

  • Haha 1
Posted
9 hours ago, jastheace said:

how long is a piece of string question this is. circumstances? children? where are you at the moment (in thailand or OS?) length of marriage? where were you married? 

based on the OP somewhere between 20 Baht and xxxxxx Baht. 

sorry... we need a bit more info to give you a 'rough' idea.....

beware of PM's though, they will come, fishing for business.

most important is, where are you now?

the rest i asked is near as important too.

 

I'm in Thailand, 2 kids daughter 12 living with me son 3 living with her. Married for 15 years, got married in Thailand. I'm in the house which is in her name but I paid for and would like to stay in.

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Posted
2 hours ago, nicelee808 said:

I'm in Thailand, 2 kids daughter 12 living with me son 3 living with her. Married for 15 years, got married in Thailand. I'm in the house which is in her name but I paid for and would like to stay in.

you could try for a 50/50 split of the house

 

how might be hard to sell

 

the land is her, as farang, blabla...

 

depends how bad the relationship is now with the soon to be ex-wife

 

can you go for another extension first ?

 

my biaaatch left the house a month before my extension, immigration don't give a rats ass... they did not want to help at all, no exception, etc... told me to go home country

 

 

 

  • Like 1
Posted
12 minutes ago, LarryLEB said:

Would it be possible? (I'm not an expert) ... Could you offer her a cash settlement to relinquish her 50% share of the house?  On the condition, of course, that the house be legally transferred to your daughter before ex-wife receives her cash.  Included would be a legally-binding usufruct allowing you to stay in the house.

 

That way, you avoid trying to "distress sell" a property in a depressed market.  

 

(This assumes that she cannot be "bought off" for less than a 50/50 share of the house.") 

the land is still hers anyway

 

if family is involved and they smell to get a share of the loot, a lot of low lives prepare to do bad stuff for little money in this country

 

to reply to the dude about 1 day:  not when property & children are involved

 

it can be done in 1 day in court, if you divorce with a mutual agreement

 

the court will FORCE you to try 2x to get it resolved in a civil matter

 

 

I was dumb to believe my @.....@ lawyer not to go for 50/50 of house in exchange (I had no written proof that I gave my ex-wife money in cash, monthly, to pay for everything) for a right to be able to live and RAISE my child till age of 20, but it was a worthless piece of paper my ex knew she did not have to follow with ZERO consequences for her !!!

 

watch out for [email protected] lawyers that promise you xyz but are worth [email protected] and in this country, your own lawyer sometimes will be bribed by your ex-lawyer for a part of the loot

 

thai rak thai

  • Like 2
Posted
9 minutes ago, Delight said:

I would,initially ,see how much it would cost if you simply used the local Amphur.

That cost is zero.

 

You can only divorce at an Amphur if you both agree on the finances and child custody/access (if any).  If you have made an agreement you should print it and take it along with you - it will then be written into the divorce document.  However, I am not so sure that such an agreement is legally binding.

Posted
3 hours ago, Bender Rodriguez said:

to reply to the dude about 1 day:  not when property & children are involved

I think the Dude already said that on the 2nd line Bender....................................:coffee1:

Posted

Be aware your wife could sell the house or put the house in a family me.bers name before the court date.  Them there is nothing left to collect on. Your 50 % is gone like the wind. This happened to me. I took my wife to court to try and reach a mutual settlement and a divorce. By the time the case got to court she sold the house house to a relative and hid the assests. She had nothing left to split 50 -50

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Posted
On 8/18/2020 at 8:16 PM, Know not me said:

Be aware your wife could sell the house or put the house in a family me.bers name before the court date.  Them there is nothing left to collect on. Your 50 % is gone like the wind. This happened to me. I took my wife to court to try and reach a mutual settlement and a divorce. By the time the case got to court she sold the house house to a relative and hid the assests. She had nothing left to split 50 -50

this is legally impossible

 

as when you or her lawyer, go to court, to start the divorce, all assets are up for a 50/50 split

 

if she did put the name in a family member's name, she is "supposed" to pay you the part you lost

 

she might have added members to the chanote as owners at 1 percent of the value of the land

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Posted

Court fees are cheap EXCEPT, each party must pay 2% of the value for any property you claim. This can get expensive if parties are claiming their half of the value of any property. Attorney's fees vary. If contested you can figure anywhere between 40K for a quick settlement up to 100's of thousands if highly contested. Best to sort it our and settle. The longer you go the more costly, and worse, the more agonizing.

Posted

Sort out property and the money side first, don't go to court, you will lose. Take both copies of your marriage certificates to the Ampure and the divorce is done in an instant. The biggest amount it cost was the taxi to the Ampure!

Posted
11 minutes ago, rocketdave said:

Sort out property and the money side first, don't go to court, you will lose. Take both copies of your marriage certificates to the Ampure and the divorce is done in an instant. The biggest amount it cost was the taxi to the Ampure!

Agree - I got married last year in a Bangkok amphur.

 

The desk next to us divorced 3 couples in the time it took to marry us.

 

I asked the wife why the other desk was quick and ours was slow - 'divorce easy'.

 

Best route if no one is contesting anything.

 

 

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Posted
On 8/18/2020 at 12:48 PM, craigieboy1973 said:

Land house in daughters name with a 99 year lease of house

There is no such thing as "99 year lease" in Thailand, 30 year lease is maximum.

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Posted
Just now, khunPer said:

There is no such thing as "99 year lease" in Thailand, 30 year lease is maximum.

and

Having a lease with 99 years written on it generally makes the whole lease invalid in court.

Posted
1 minute ago, BritManToo said:

and

Having a lease with 99 years written on it generally makes the whole lease invalid in court.

Yes, I've seen numerous posts about it, but not to what I read from expert lawyers, they say that the lease will be reduced to 30 years from first lease date...

Quote

The term of the lease agreement cannot exceed 30 years

The term of a real estate lease in Thailand may be fixed or periodic. The maximum lease term in Thailand is 30 years (section 540). Any lease of immovable property for a longer period than 30 years in Thailand may only be made by renewal of the lease contract upon its expiration. Based on supreme court judgments it is possible to say that a valid and enforceable renewal can only be made within a period of 3 years prior to the expiration of the first lease term (not 30 years prior to expiration). If for example the lessor and lessee have executed 2 or more consecutive 30-year lease agreements it shall by law be deemed as 1 lease and reduced to 30 years.

Source: SamuiForSale "Thai Real Estate Lease Leasehold and Rent laws"

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Posted

I heard about a guy that gave 10000thb to his wife and told her to take family on vacation. Suddenly his house burnt down by an accident. heard his wife tried to get it all after divorce......... Just something i heard

Posted

Back in 88 I paid B50,000 to take my wife to court in BKK, that included lawyers fee.

If you institute a Court case you have to pay for the hire of court.

A friend in CM has started cases and cost has been B20-B30K for court costs.

 

john

  • 4 weeks later...
Posted
On 8/24/2020 at 3:16 PM, rocketdave said:

Sort out property and the money side first, don't go to court, you will lose. Take both copies of your marriage certificates to the Ampure and the divorce is done in an instant. The biggest amount it cost was the taxi to the Ampure!

Both parties have to be present at the amphur.

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