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When there is a legal disagreement, do the courts treat foreigners fairly when compared to Thai citizens?


JosephH

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Dear fellow members,

 

I would like to share with you a story of a foreigner who has been married in Thailand for 13 years and is facing a difficult situation. He has been sending money to his wife to buy a house, which they got after being married for 8 years. However, when he returned to Thailand late in 2019, his wife started to make up problems for non-sense reasons. He then found out that she filed a case against him accusing him of abusing her and wanting a divorce and full custody of their son, and she denies the house is marriage property, saying it's a gift from her mom.

 

The member hired a lawyer who found out that the wife bought the house under her mom's name for one month, then transferred it to her name to make it look like a gift from her mom. During the court process, he hasn't seen his son for two years now. The first family court judged her with full custody but no divorce, which is weird because custody cannot be judged without divorce. And because there's no divorce, there's no marriage property splitting or mention of it.

 

The wife wasn't satisfied with this and wants to kick the member out of the house. She filed a new case but in the civil court, which the judge there was sarcastic on her and her lawyer because they should go to family court since they are officially married, and the member is not a renting person. However, the wife didn't get enough and cut the water from the house since it's in her name, which is against Thai law.

 

The member has read the Thai law, which says it’s a marriage property even by default. However, he even has all the evidence to prove it, and yet the court is refusing his request to contact the water authority to reconnect the water without her permission, even though this is against the law. The court is clearly taking her side and intransigent. The member is frustrated because it's so clear in the Thai law, yet he can't see his son or have water, and he can't tell how suffering it is.

 

The member is asking for help and advice from anyone who has been in a similar situation. He wants to know what he can do to protect his rights and see his son. He has already hired a lawyer, but it seems like the court is not following the law. Any help or advice would be appreciated.

 

Thank you.

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7 minutes ago, simon43 said:

Is there a clear bank record of the payments made by the husband to his wife's bank account?  If not, then it's all just heresay....

there's a transaction invoices and bank statement shows the money flow the wife's bank account 

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4 minutes ago, rose33 said:

No, foreigners are not treated equally or fairly in Thai courts.

 

Every inch of Thailand belongs to those who are of Thai blood. Solved.

 

so anyone can be a fraud and steal without punishment ? 

 

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How much did he send in total to buy the house? How much is it currently worth to fire sell? If it's in the same village as the alleged conspirators then the net worth to your friend may be close to zero when you factor in the financial cost, time, and stress of a prolonged legal battle across multiple courts unless it's a very expensive plot/house. 

 

Are you sure the land/house titles haven't already been used as collateral for usual vices? If it's a principle thing, then perhaps he can take relief that they'll probably lose the lot one way or another eventually if there is gambling involved. I'd focus on the custody and walk run away from the house, let them focus on that battle - pretending to be fighting it, whilst focusing efforts on securing long term custody

Edited by Snugs08
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8 minutes ago, Snugs08 said:

How much did he send in total to buy the house? How much is it currently worth to fire sell? If it's in the same village as the alleged conspirators then the net worth to your friend may be close to zero when you factor in the financial cost, time, and stress of a prolonged legal battle across multiple courts unless it's a very expensive plot/house. 

 

Are you sure the land/house titles haven't already been used as collateral for usual vices? If it's a principle thing, then perhaps he can take relief that they'll probably lose the lot one way or another eventually if there is gambling involved. I'd focus on the custody and walk run away from the house, let them focus on that battle - pretending to be fighting it, whilst focusing efforts on securing long term custody

around 5 millions baht in time of buying
The custody is a good point though .. and that's what his lawyer is going for.
 

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So we supposed therefore caution the new victims to avoid falling into this trap, to avoid getting married, to understand the repercussions, and to be aware that no matter how much evidence they have, they will never be able to take their rights, cause that is clearly a crime of fraud!!!

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Sad to say but your friend has been done and its all planned so you will have difficulty getting anything back. For his own health he is better off just moving on and forgetting about it.

 

Ive lost millions of baht to Thai women and once they have it they arent letting go. I was even threatened by other people and told to leave Thailand etc or ill be shot....It got quite nasty.

 

Even to get a judge to listen to your case will cost you $around 5k and then there is no guarantee he will even hear the case.

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6 minutes ago, ed strong said:

Any Thai women putting a new car or house in their mothers name is a major hint that there something wrong.

 

They do it to avoid the connection between farnag / thai gf, should they end up in court at later date

Wouldn't the conspirators have to pay 2% transfer fee as well? Seems well planned out if the case, as that's 100k out the door before other fees.

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17 minutes ago, JosephH said:

around 5 millions baht in time of buying
The custody is a good point though .. and that's what his lawyer is going for.
 

I think that In many areas of the law, Thai courts tend to be relatively impartial and do not necessarily favor Thais over foreigners.

 

Child custody is, however, not one of these areas. For a foreign father to get custody of a child from a Thai mother would likely require the father to prove the mother to be unfit, and that would be a high bar. 

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Everything can be solved just fine here and judges are (often) quite rationalistic, at least please don't think they will go for peanuts. However this person should put really big deal to find reliable lawyer. Here we go: most are just to get money, not much experiences and trustworthy. 

Also, Lawyer Consul at Ratchadamnoen Ave (near Khao Sarn rd) is the good place to start looking for the right one. Not some shops with scales on window but real counsul. I went there.

Bribes and gifts? Why? did he kill anybody? drugs? if no crime at all than no gifts from him, as he is the victim.

Also, get all protocols translated from thai, read carefully and keep them.

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14 minutes ago, rose33 said:

Thailand belongs to the Thai. Like it or leave. There are many flights leaving every day. 

Yeah actually he wish to do so, but his son is belong to him and his money is belong to him unless only criminal fraud would disagree with that
i'm sure no one would like to stay in unfair place with no rights that so stupid

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