Rights of ownership

[DUNROAMIN]

Hi to all, maybe a tricky subject to discuss, has anybody heard of or been involved in a dispute over ownership of land and house in Thailand. I am not asking about myself, this is for my wife's daughter. Her daughter has a Thai husband and legally married. They have a newborn baby 3 months. 

Problem: The husband is a wife beater and will often slap and kick her and on one occasion she ended up at the bottom of the stairs after a beating.

The daughter is the legal owner of the house, her name or I should say the banks name is on the Chanote. 

Question:  Has she the right to sell the house without the husbands permission. If she leaves the husband and walks away from the house will the bank be chasing her or the husband still living in the house.

Maybe someone else has some other courses of action.

Any feed back would be appreciated, please, no smart a@se replies.

Cheers

 

[FritsSikkink]

If she is the owner she can sell the house / land. She will have to pay the bank loan though.

Walking away from a house doesn't clear you bank loan, after so many missed payments the bank will take the property, sell it and if their is still money owned, they would like that too. As they are married, they would go after the husband for the remaining money as well. 

[cnx1204]

Thailand has community property laws.  Are they legally married?  Did they buy the house after they got married?   

[DUNROAMIN]

2 hours ago, FritsSikkink said:

If she is the owner she can sell the house / land. She will have to pay the bank loan though.

Walking away from a house doesn't clear you bank loan, after so many missed payments the bank will take the property, sell it and if their is still money owned, they would like that too. As they are married, they would go after the husband for the remaining money as well. 

Thanks for input.

[hanuman2543]

Here is some basic information about the property of husband and wife in Thailand:

 

https://www.samuiforsale.com/family-law/marriage-property-regime.html

[LivinLOS]

3 hours ago, cnx1204 said:

Thailand has community property laws.  Are they legally married?  Did they buy the house after they got married?   

These are the questions which determine the majority of the outcome.. Whose house is it, when was it obtained, will it be communal property etc. 

[Lacessit]

If the daughter owned the property prior to getting married, she can do whatever she wants. If it was acquired after marriage, any proceeds are split 50:50 between husband and wife. After the bank is paid out.

Time she left scum such as that, the worst form of coward.

[DUNROAMIN]

5 hours ago, hanuman2543 said:

Here is some basic information about the property of husband and wife in Thailand:

 

https://www.samuiforsale.com/family-law/marriage-property-regime.html

Excellent, thanks for the the info, this has to be the best info I have seen on the web regarding real estate ownership. Thank you.

[DUNROAMIN]

7 hours ago, cnx1204 said:

Thailand has community property laws.  Are they legally married?  Did they buy the house after they got married?   

Yes legally married and I think purchased before marriage, will have to check on that. Thanks