What are the 'common law' wife rules in Thailand

[Chainsaw]

If a Chinese woman and English man are together for 10+ plus years and own joint property. What are the woman's rights if they split up?

 

[KhunLA]

Assuming a condo, then all things equal, I think it would be fair to do the 50/50 of total or equity after purchase, if one of, didn't buy in.

[lopburi3]

AFAIK there is no such thing.  You are married by district office registration only.

[BritManToo]

16 minutes ago, Chainsaw said:

If a Chinese woman and English man are together for 10+ plus years and own joint property. What are the woman's rights if they split up?

If her name ain't on it, she gets nothing. 

[userabcd]

The right thing to do would be to split the assets up 50/50.

[Denim]

8 minutes ago, lopburi3 said:

AFAIK there is no such thing.  You are married by district office registration only.

I think Thai law , like UK law , does recognize a common law wife/husband if people have lived together for a number of years. As such both parties have rights to any assets shared during relationship.

 

The exact rules for this I do not know but a lawyer would provide details and they are probably available online , mostly in Thai.

 

To say why this is probably so is the fact that in the past many Thai couples only had the village marriage ceremony and did not bother with registering it at the Amper.

 

Naturally enough this often caused issues and the common law wife legislation addresses these.

 

 

Edited August 9, 2022 by Denim

[lopburi3]

2 minutes ago, Denim said:

I think Thai law , like UK law , does recognize a common law wife/husband if people have lived together for a number of years. As such both parties have rights to any assets shared during relationship.

 

The exact rules for this I do not know but a lawyer would provide details and they are probably available online , mostly in Thai.

Quick Google:

Quote

In Thailand, there is neither a legal definition nor concept of civil partners. Thai law still effectively treats them as individuals with no marital rights or liabilities to each other. In conclusion, civil partners, who live together, have no legal status under Thai law.

http://www.csbc-law.com/thai-law-insights/untold-story-about-civil-partners-in-thailand.html

[transam]

2 minutes ago, Denim said:

I think Thai law , like UK law , does recognize a common law wife/husband if people have lived together for a number of years. As such both parties have rights to any assets shared during relationship.

 

The exact rules for this I do not know but a lawyer would provide details and they are probably available online , mostly in Thai.

Doubt it...????

[hotandsticky]

3 minutes ago, Denim said:

I think Thai law , like UK law , does recognize a common law wife/husband if people have lived together for a number of years. As such both parties have rights to any assets shared during relationship.

 

The exact rules for this I do not know but a lawyer would provide details and they are probably available online , mostly in Thai.

 

 

I would disagree.

 

I do know that sin somros applies to MARITAL assets.

[Denim]

3 minutes ago, lopburi3 said:

Quick Google:

http://www.csbc-law.com/thai-law-insights/untold-story-about-civil-partners-in-thailand.html

Interesting :

 

In conclusion, civil partners, who live together, have no legal status under Thai law.

 

Then follows :

 

Thai family law provides for the division of shared property acquired during legally marriage,

 

The OP's question :

 

30 minutes ago, Chainsaw said:

If a Chinese woman and English man are together for 10+ plus years and own joint property. What are the woman's rights if they split up?

[lopburi3]

1 minute ago, Denim said:

Interesting :

 

In conclusion, civil partners, who live together, have no legal status under Thai law.

 

Then follows :

 

Thai family law provides for the division of shared property acquired during legally marriage,

 

The OP's question :

 

 "legal marriage" - there was none.  But if they jointly own property (in both names) that would have nothing to do with marriage and continue regardless of their status.

[Denim]

1 minute ago, lopburi3 said:

 "legal marriage" - there was none.  But if they jointly own property (in both names) that would have nothing to do with marriage and continue regardless of their status.

Yes, that is what I understood from the link.

 

So the answer the OP's question is it looks like the Chinese woman in question will be legally entitled to her share ( assuming

the joint ownership was registered with both names )

[SAFETY FIRST]

1 hour ago, Chainsaw said:

If a Chinese woman and English man are together for 10+ plus years and own joint property. What are the woman's rights if they split up?

What a horrible post. 

 

Make an effort when asking a complicated question. 

 

1. Chinese woman, so she's not Thai?

2. Are you married, if so what country were you married?

3. Joint property, so both names are on the title? 

 

So many more questions I would like to ask but I'm not bothered to make an effort. 

 

 

Edited August 9, 2022 by SAFETY FIRST

[Sparktrader]

Man 75%

Woman 25%

 

First time ever

[KhunLA]

Reference to replies ... why I assumed condo owned.  

 

Anything else, again assuming, then marriage would be irrelevant, IF:

... both names registered on assets

... both names on 'fake or non fake company' for non condo assets

which would simply abide by company bylaws.  

Although if a Thai involved, neither might end up with anything.

 

The usual limited info provided in OP to form any advice.  If not an amicable split, then at least the lawyers will be very happy.

[blackcab]

The concept of common law marriage does not exist in Thailand.

 

Moving on to the property, if both parties names are registered on the title deed then any profit from the sale should be divided equally between both parties.

[1FinickyOne]

1 hour ago, BritManToo said:

If her name ain't on it, she gets nothing. 

There but for the goodness of one's heart? 

[1FinickyOne]

22 minutes ago, Sparktrader said:

Man 75%

Woman 25%

 

First time ever

The wheels on the bus go round and round... 

[Sparktrader]

2 minutes ago, 1FinickyOne said:

The wheels on the bus go round and round... 

Huh?

[ChaiyaTH]

If both the wife and husband paid the house and can prove that by transfers, you could go to civil court with a small chance. If one of them paid all, pointless IMHO.

[1FinickyOne]

7 minutes ago, Sparktrader said:

Huh?

Yo Sparky - never had kids? 

 

The implication that 75% - 25% in favor of woman is not that unusual - - that was about my scorecard in USA. 

 

And is it true that you have never been here? If so, good luck on your first trip.. smile first, smile often and things should go well... learning some words helps too. 

[sanuk711]

2 hours ago, Denim said:

I think Thai law , like UK law , does recognize a common law wife/husband if people have lived together for a number of years. As such both parties have rights to any assets shared during relationship.

I do not think so Denmim--- of course in a country where every different location seems have a different understanding of whats black and white,

 

Anything is possible, but in general NO ---

[Sparktrader]

28 minutes ago, 1FinickyOne said:

Yo Sparky - never had kids? 

 

The implication that 75% - 25% in favor of woman is not that unusual - - that was about my scorecard in USA. 

 

And is it true that you have never been here? If so, good luck on your first trip.. smile first, smile often and things should go well... learning some words helps too. 

75% man

 

Read above

 

Been there 14 times

[Headgame]

1 hour ago, blackcab said:

The concept of common law marriage does not exist in Thailand.

 

Moving on to the property, if both parties names are registered on the title deed then any profit from the sale should be divided equally between both parties.

You are 100% correct.

[1FinickyOne]

1 hour ago, Sparktrader said:

75% man

 

Read above

 

Been there 14 times

yes, I saw 75% man - not realistic...

 

someone else mentioned you had not been here... 14x - then why all the questions abt where to go? Speaky any Thai yet? 

[Sparktrader]

2 minutes ago, 1FinickyOne said:

yes, I saw 75% man - not realistic...

 

someone else mentioned you had not been here... 14x - then why all the questions abt where to go? Speaky any Thai yet? 

Yes some troll who lives in Pattaya said that.

 

I speak better Thai than most farangs who live there.

 

I never been top isaan only lower isaan.

 

I used to go beaches a lot.

 

 

[Chainsaw]

3 hours ago, SAFETY FIRST said:

What a horrible post. 

 

Make an effort when asking a complicated question. 

 

1. Chinese woman, so she's not Thai?

2. Are you married, if so what country were you married?

3. Joint property, so both names are on the title? 

 

So many more questions I would like to ask but I'm not bothered to make an effort. 

 

 

What a horrible 'answer'

1. Chinese woman, so she's not Thai? - Brilliant deduction Sherlock.

2. Are you married, if so what country were you married? Who said it was about me?

Can't be bothered explaining any more as I doubt you would understand.

[SAFETY FIRST]

9 minutes ago, Chainsaw said:

What a horrible 'answer'

1. Chinese woman, so she's not Thai? - Brilliant deduction Sherlock.

2. Are you married, if so what country were you married? Who said it was about me?

Can't be bothered explaining any more as I doubt you would understand.

OMG, your replies are just as pathetic. 

 

Show some effort when posting.

 

You'll find a lot of knowledge here with the many members but when you can't be bothered being professional, you'll find that the members won't be bothered. 

 

BTW

1. Thailand has lots of Thai/Chinese women. 

 

2. Marriage...... I'm not asking about you, I'm asking about the person in your posting. 

 

This post and its replies really gets 0/10 for effort. 

Edited August 9, 2022 by SAFETY FIRST

[kennw]

A concise and legalistic answer seems to have been requested. It dosent matter what you "think" or "in another country" What is her status? 

[1FinickyOne]

2 hours ago, Sparktrader said:

I speak better Thai than most farangs who live there.

That's terrific - it will increase your enjoyment exponentially... 

 

One CR L poster was so excited that he asked for something in a store and people understood him... and since he was normally such a braggart, I actually thought, ok, good this loudmouth is progressing. That's good. Then 2 weeks later he was boasting about how good his Thai was, as if he was fluent.