In the event of divorce in Thailand does the wife have rights to 50% of my bank balance?

[charliechoc]

On 7/31/2021 at 11:55 PM, HeijoshinCool said:

.

 

A good quality, very heavy safe is relatively inexpensive, and a, well, safe place to keep cash/gold. 

 

(Unless you are married to a trans Olympic weight lifter.)

Or just pay 4000 a year for a cash box at the local bank. I think this is a lot more secure

[lanng khao]

20 hours ago, EricTh said:

You're lucky your ex-wife didn't poison you to make it look like an accident so that she can inherit all your money.

 

It looks like she married you for your money and not love.

 

Kwarm rak gin Mai dai....you know the score Eric..

[HeijoshinCool]

7 hours ago, charliechoc said:

Or just pay 4000 a year for a cash box at the local bank. I think this is a lot more secure

. 

 I am thrilled you trust banks so much with your hard-earned cash ????

 

 

[niksadon]

On 8/2/2021 at 7:38 AM, charliechoc said:

ETF's are hard to sell in a market crash.

 

The perth mint guarantee to buy back your gold if there's no other buyers in the market (ie if there are liquidity issues). Its a solid organization backed by the WA govt. Sold my gold and they transferred all money to my thai bank account. Cant go wrong...

If your wife finds out about your savings, the cryptocurrency will also be divided by 50%. My advice to you: don't tell anyone about your savings for now. It is better to leave it as an inheritance to your children.

[nauseus]

On 7/29/2021 at 11:58 PM, impulse said:

Crypto's great as long as you don't mind that the value of your balance can go up and down by 50% in a few days' time.

 

A bit like a marriage then?

[nauseus]

On 7/31/2021 at 11:55 PM, HeijoshinCool said:

.

 

A good quality, very heavy safe is relatively inexpensive, and a, well, safe place to keep cash/gold. 

 

(Unless you are married to a trans Olympic weight lifter.)

plenty of them down our soi....

[nauseus]

On 7/30/2021 at 4:53 PM, SCOTT FITZGERSLD said:

this is true for any country. question is: who wants a court case dragged for many years?

The lawyer. ????

[nauseus]

On 7/30/2021 at 1:10 PM, charliechoc said:

the money is over there doing nothing but being eaten away by inflation. I previously had it in gold at the perth mint but sold it after a 40% return. Now I dont know what to do with it

Buy silver.

[mvdf]

On 7/29/2021 at 11:16 PM, charliechoc said:

could it result in me losing 50% of my savings in the bank?

100% of it, before you even divorce. She'll make sure of that.

[wwest5829]

On 7/30/2021 at 1:01 PM, Joe Medina said:

This is depending on the situation. However, in case both of you have no pre-nuptial agreement, the money in general can be a conjugal property subject for assessment. 

Before our recent marriage, I had a new Will drawn up naming wife as sole beneficiary for what I hold in Thailand (I have a separate US Will). I also had a Prenup drawn up. When registering the Marrage Certificate the office registering the marriage said no to the Prenup as it was in conflict with Thai marriage law … so much for planning. My understanding was that a Penup needs to be recorded at the same time as the Marriage Certificate. TIT

[nitehawk42]

Chances are she will get 100%. You must have an attorney with an inside tract to the court or you are doomed.

[sawadee1947]

On 7/29/2021 at 11:33 PM, gargamon said:

why would she need to know

Question: 

Why you married?

No honesty? 

No trust? 

No true character? 

Or you think Asians are on a ower level?

They ain't need to know about financial things at all? 

Because they are somehow too stupid to understand or too greedy? 

Mate, I think you're not mature for marriage ????

 

[hotchilli]

On 7/29/2021 at 8:46 PM, charliechoc said:

Any advice is appreciated

Only have in Thailand what you can afford to lose... keep the rest out.

[khunPer]

On 7/30/2021 at 12:22 AM, Damrongsak said:

I'm out of the discussion as we had virtually nothing when we got married 42 years ago.  So it would be 50/50.  But now I'm about to double our net worth due to an inheritance.  I wonder how that works.  Not that I really give a <deleted>, just curious. 

According to the book Thai Law for Foreigners, inheritance for a Thai wife during a marriage is separate property; unfortunately I didn't see anything in the book if a foreign husband's inheritance is also considered separate property.

[Mywayboy]

If walk away with your shirt on your back be thankful for that.

You will neve win in a Thai court against a Thai lady

[Isaan sailor]

In Massachusetts where I lived in America my lawyer told me 95% of divorces are filed by the woman.  I wonder if those percentages hold over here.

I agree you should only bring over the money you need.  If all Hell breaks loose here (and it well might), at least you can get on the next available flight outta here.

Ironically, all Hell broke loose for me in Massachusetts—so I came here.

[Jack Hammer]

On 8/1/2021 at 1:48 PM, jaideedave said:

buy gold again? I recently inherited a tidy sum and bought mostlt Thai gold in bars..why not?

You bought Thai gold, take it to a metallurgist to have it assessed. I would not trust 

[Tony125]

On 7/30/2021 at 5:22 AM, Damrongsak said:

I'm out of the discussion as we had virtually nothing when we got married 42 years ago.  So it would be 50/50.  But now I'm about to double our net worth due to an inheritance.  I wonder how that works.  Not that I really give a <deleted>, just curious. 

Any property  or money  either you or her aquire by inheritance or gift is Sin Suan Tua  personal not marital property and does not have to be split.

Personal property in a Thai marriage

Thai family and marriage laws specify that property belonging to either spouse before the marriage remains his or her personal property after the marriage. If during the marriage personal property has been exchanged to other property this remains a personal property.

 

Section 1471 (Civil and Commercial Code): 'Personal property (Sin Suan Tua) consists of: (1) property belonging to either spouse before marriage, (2) property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse, (3) property acquired by either spouse during marriage through a will or gift'.
Section 1472: 'As regards to Sin Suan Tua (personal property), if it has been exchanged to other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall be Sin Suan Tua. Where the Sin Suan Tua has been totally or partly destroyed but replaced by other property or the money, such other property shall be Sin Suan Tua'.

That info from a Samui web site

You could also contact  Siam Legal below or check out their web site

https://www.siam-legal.com/legal_services/Marital-Property-for-Thailand-Divorce.php

 

Edited August 8, 2021 by Tony125

[Tony125]

5 hours ago, khunPer said:

According to the book Thai Law for Foreigners, inheritance for a Thai wife during a marriage is separate property; unfortunately I didn't see anything in the book if a foreign husband's inheritance is also considered separate property.

Must of not looked hard ,here is the section : Section 1471 (Civil and Commercial Code): 'Personal property (Sin Suan Tua) consists of: (1) property belonging to either spouse before marriage, (2) property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse, (3) property acquired by either spouse during marriage through a will or gift'.

[sead]

On 7/29/2021 at 10:04 PM, XtraFly said:

Here's my 2 cents.

regardless if things are amazing now or you see red flags, as someone replied women always surprise you with divorce papers (speaking from experience)

 

your best bet is crypto of course, but the other thing always have a safe deposit box in the motherland in a bank branch that you don't usually visit much for example if the motherland is the USA and you bank with Wells Fargo, your safe deposit box should be with Chase or Bank of America or even better idea. if you have PayPal make sure it's based of your motherland (address and other info) and keep some money there and have the PayPal debit card MasterCard on you, that way only you really knows how much is in this debit card from PayPal and it's still a virtual institution.

 

Always divide your money

-Paypal debit card

-Crypto (Coinbase and uphold, or at least 2 different wallets)

-Safe deposit box in the mother land

 

that way even if there's an over reach or a judgement or the wifey put 2 and 2 at most she can find out about about only one of the above and you minimized damages.

 

I also keep money in watches that appreciates over time and easy to transport from one location to another ????

 

Wise has account where you can store money in different currencies. 

[gargamon]

12 hours ago, sawadee1947 said:

Mate, I think you're not mature for marriage

Yes, I agree. I'm not mature enough for the type of marriage you allude to. I like my definition of marriage much better: New Day, New Wife!

 

I also have a different definition for the word "mature" than you. Mature is a synonym for stupid, at least in this case.

[soi3eddie]

There's an easy way to avoid the OP's potential losses. Too late now for the OP but it very definitely won't be happening to me for a second time. 

 

[Autonuaq]

With all respect to you and all the other people here too . To be very honest to say is that most people never prepared to look into the things they should know. I am not sure why you ever think about this because first of all you not did prepare the marriage at the first stage and then secondly you stepped into a mariage that fall under the law system you not all looked at how things worked. you probably moved to a country and never have looked at the systems that are in place. Regardless what ever answer is written down here any suggestion or recommendation the frist thing that has to be cleared is the choice of rights on the marriage that applies to the mariage and therefore on the rest that is involved.

Nearly all people are not aware that when you move from one country to another country and you not register the choice of rights that apply to marriage after a set period of 10 years the law of the country of residence do apply.

so you marry under Thai law. Then later move to for example to Germany. Do live happy together for 12 years and then you move back to Thailand and start to enjoy. after 3 years you decide to divorce.  and then the Thai law not apply to the divorce as you expected but the German Law. All could have bee prevented by simply register every time when you move in to a new country and register the choice of rights that apply to the marriage. this secures all is as you think it is.

 

Beside one should have had before the marriage registered the prenuptial agreements that apply on the marriage. before the marriage so people wil not challenge it when you change it during the marriage, like you future ex wife will certainly do when this is changed and you will file de divorce.

 

it you are married in Thailand and want to go for a divorce then visit a decent lawyer who can advise you.

 

on the other hand she is entitled to have half of all that falls under the marriage. Simply because she made it possible that you could focus and you got what you needed, the care, the sex, the fun and all the other things. she made possible that you have this on the bank and all the assets you have now.

[DBath]

The handwriting is on the wall, and if I were a betting man….
 

You are about to become just another statistic in a long line of poorly thought out, miserably executed then failed relationships. Ultimately you will then be put through the wringer at the hands of a self-proclaimed poor and disgruntled Thai woman. 

[TallGuyJohninBKK]

On 7/30/2021 at 6:34 AM, SCOTT FITZGERSLD said:

split 50-50 as well

 

No, I don't believe that's correct.  Inheritances, whether to the foreign national or the Thai national, remain their separate assets, regardless of when the inheritance occurs.

 

[Tony125]

On 8/1/2021 at 3:22 PM, sanuk711 said:

Are you quoting Thai law bkk6060 ?...... who is the family law circle?...haven't actually heard of them --In Thailand ?

 

My understanding is that  all inheritance is " SIN SOMROS"  therefor she or he would indeed get half of any inheritance left , while they are  married.

 

SIN SOMROS – considered as marital property are as follow:

• Property acquired during marriage;
• Property acquired by either spouse during marriage through a will or gift;.
• Fruits of the Sin Suan Tua (fruits of the separate property);

 

Wrong :  Section 1471 (Civil and Commercial Code): 'Personal property (Sin Suan Tua) consists of: (1) property belonging to either spouse before marriage, (2) property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse, (3) property acquired by either spouse during marriage through a will or gift'.

[Tony125]

On 7/30/2021 at 6:34 AM, SCOTT FITZGERSLD said:

split 50-50 as well

Wrong:   Section 1471 (Civil and Commercial Code): 'Personal property (Sin Suan Tua) consists of: (1) property belonging to either spouse before marriage, (2) property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse, (3) property acquired by either spouse during marriage through a will or gift'.

[sanuk711]

24 minutes ago, Tony125 said:

Wrong:   Section 1471 (Civil and Commercial Code): 'Personal property (Sin Suan Tua) consists of: (1) property belonging to either spouse before marriage, (2) property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse, (3) property acquired by either spouse during marriage through a will or gift'.

Hi Tony125

Yes the way they have printed this does lead to some confusion--- however if you read 147 Completely you will see what I alluded to.

I have had 2 friends who had to go down this road---Their 2 ladies did contest it-- and final answer to both of them was--when there is  Doubt the bottom line takes affect.

 

However the OP has not received any monies yet, Quote--"Divorce is not on the cards yet as such but Im just thinking in advance".. so anything received after the divorce will be 100% his.

 

SIN SUAN TUA - considered as separate property to a marriage are the following:

• Property belonging to either spouse before marriage;
• Property for personal use, clothes or ornaments;
• Property acquired by either spouse during marriage by will or gift;
• Khongman (dowry).

SIN SOMROS – considered as marital property are as follow:

• Property acquired during marriage;
• Property acquired by either spouse during marriage through a will or gift;
• Fruits of the Sin Suan Tua (fruits of the separate property);

In case of doubt as to whether a property is Sin Somros or not, it shall be presumed to be Sin Somros..

[sawadee1947]

9 hours ago, gargamon said:

Yes, I agree. I'm not mature enough for the type of marriage you allude to. I like my definition of marriage much better: New Day, New Wife!

 

I also have a different definition for the word "mature" than you. Mature is a synonym for stupid, at least in this case.

Mature has nothing to do with stupidity but with character. 

But anyway some will never grown up. 

Good luck to you, poor mate 

[Tony125]

1 hour ago, sanuk711 said:

Hi Tony125

Yes the way they have printed this does lead to some confusion--- however if you read 147 Completely you will see what I alluded to.

I have had 2 friends who had to go down this road---Their 2 ladies did contest it-- and final answer to both of them was--when there is  Doubt the bottom line takes affect.

 

However the OP has not received any monies yet, Quote--"Divorce is not on the cards yet as such but Im just thinking in advance".. so anything received after the divorce will be 100% his.

 

SIN SUAN TUA - considered as separate property to a marriage are the following:

• Property belonging to either spouse before marriage;
• Property for personal use, clothes or ornaments;
• Property acquired by either spouse during marriage by will or gift;
• Khongman (dowry).

SIN SOMROS – considered as marital property are as follow:

• Property acquired during marriage;
• Property acquired by either spouse during marriage through a will or gift;
• Fruits of the Sin Suan Tua (fruits of the separate property);

In case of doubt as to whether a property is Sin Somros or not, it shall be presumed to be Sin Somros..

The OP did not post the article your answring to---Damrongsak posted it.   Yes he is not thinking about a diviorce now but is about to recieve an inheritance that will double his wealth and he wondered if she was intitled to half of that  "if"  they diviorced. Siam Legal confusinly posted which you quoted and underlined. Said the same thing for SinSuanTua and Sin Somros----can't be the same. The inheritance can be Sin Somros if the spouse was not specifiaclly named as intitled to the property or not. Then if there is confusion court can decide . He best does not mingle the asset (Inheritance) puting the funds in a seperate account and showing documentation thaat it was a gift or inheritance.