Getting divorced in Thailand.

[indyo]

24 minutes ago, madler said:

BTW, the house is mine and I have the Yellow ownership documents to prove that. What needs to happen is the land that it sit on need to be put into my kids name. Then I will have control over it as a manager or caretaker. I can sell it if I want, but I will keep it. And for the one that said it will be be worthless, you have no idea what your talking about.

as I know your kids need to be 20+ to own a land, your home has been built when already married so in case of divorce will be split

[DrJoy]

5 hours ago, madler said:

I want to hear from people who have had experience with the law when it comes to divorce

1. You both visit the District Office where you married

 

2.  Inform them its a mutual divorce

 

3. Surrender the 2 original Thai marriage certificates

 

4. District Office chief interviews you

 

5. Get divorce certificate printed and handed to you both

 

In and out under 1 hour

 

YMMV

[transam]

1 minute ago, indyo said:

as I know your kids need to be 20+ to own a land, your home has been built when already married so in case of divorce will be split

And how will that be done, they built the house on another's land, there is nothing to sell.....?

[patman30]

1 hour ago, madler said:

I can sell it if I want

even if it is in your childs name, you cannot sell it without a court order.

why even bother thinking about any of this if the in laws are so great
why would you want to take anythiong from them?

Edited March 27, 2023 by patman30

[Liverpool Lou]

6 hours ago, transam said:

6 hours ago, madler said:

It will be my daughters name, she has thai citizenship. 

Thai can't own a property until 21 y.o.

There's no limit on the age of landowners by law.

[Liverpool Lou]

6 hours ago, madler said:

What needs to happen is the land that it sit on need to be put into my kids name. Then I will have control over it as a manager or caretaker. I can sell it if I want

If the land is in a minor's name it can only be sold with the permission of the court.

[NorthernRyland]

12 hours ago, madler said:

The land ownership is not in question here, I want to hear from people who have had experience with the law when it comes to divorce. I have lived and worked in Thailand for many years. If you haven't any experience in this area keep your comments to yourself. 

If you leave on amicable terms she may be willing to sell to you her portion (50% or whatever you agree on) and then you can transfer it to your daughter. It depends on how honest she is and having children will really help here.

 

As for the law I think they're supposed to liquidate the assets upon divorce and you could transfer it your daughter that way right? I know people told me in reality this never happens but that's technically the law I think.

[kwonitoy]

14 hours ago, DILLIGAD said:

Good idea. I have been through what you and others here mention.

In my case, it turned out the land was security (decades ago) for illegal loan sharks of a 'certain' nationality. No kids, so I decided to walk away and start my life again in a different area. I stripped the house, leaving one bedroom set only and have never returned as half of the village are all interbred family.

Was a hard pill to swallow for me but I got over it!!! 

This is the best way,

I moved out of the village after the wife went to the monkey house.

I then systematically stripped the house/shop of anything that could be sold 

All the good furniture came with me to a house in town, that was then given to my housekeeper for services rendered.

When I closed the door for the last time it was a shell.

She got a letter on the kitchen counter, my son and I got a flight out, never to return.

Life, for us anyway, goes on.

[ignore it]

Your a lucky man.

With two kids and a wife who your have a good relationship with, you've already recouped your investment.

 

 

[crazykopite]

Why bother getting divorced just carry on living your life from what I’ve learned from experience a lot of Thai woman who have a husband also have a boyfriend . Maybe you should mention divorce to your in laws and see what expression is on there faces there is a very famous saying and that is

“ Blood is thicker than water “ I think there attitude towards you could well change !

[crazykopite]

19 hours ago, DrJoy said:

1. You both visit the District Office where you married

 

2.  Inform them its a mutual divorce

 

3. Surrender the 2 original Thai marriage certificates

 

4. District Office chief interviews you

 

5. Get divorce certificate printed and handed to you both

 

In and out under 1 hour

 

YMMV

You forgot to mention the financial agreement between both parties yes all the rest is simple but let’s be honest Thais especially woman are well known for changing there minds at the very last minute and making new demands 

Edited March 28, 2023 by crazykopite

[DILLIGAD]

19 hours ago, DrJoy said:

1. You both visit the District Office where you married

 

2.  Inform them its a mutual divorce

 

3. Surrender the 2 original Thai marriage certificates

 

4. District Office chief interviews you

 

5. Get divorce certificate printed and handed to you both

 

In and out under 1 hour

 

YMMV

I got divorced in a different province, to where I got married.

[DILLIGAD]

On 3/27/2023 at 8:03 AM, OneMoreFarang said:

Are there also legal loan sharks?

And are loan sharks of a 'certain' nationality worse than just loan sharks?

No idea but all I know is the ones in question, were ruthless.

[Mad mick]

I've been there done that while we're together 19+ years we did have legal will  "if she passed first " would go to me to live in even though property was in her name , just in case family members decided in trying to claim ! under thai law at that time ! l would  have to sell property and house for memory as foreigner l could not own land house no issue ! We did divorce my fault not hers , never bothered about house was all part of our divorce settlement agreement  was very ammicable " I contested Zero nor did she her land originally from her mother, After land split between siblings years prior to mom death land title was in her family name & transferred later to her married  name  All land was gifted from mother to her , way l looked at it was her land anyway not mine ! family land to keep, House yes we built the house improved property considerably & once divorce , l moved on we had no children if we did have 99% she would of without hesitation place property in kids names .. You could ask your soon to be ex " IF Willing to place  house in both your kids names ? Next property I bought went via: lawyer advice started a  company & purchased land , motor bikes etc, all through company must have 3 x Thais 1 or 2% can't really remember correct % amount  but could never be voted out or off land we did have have quarterly company meetings informally ! no big deal land could not be taken off me via % thai low in company by thai law ! no choice must have legal % of Thais involved " Sorry for long story no issues once l sold land later on , or you can set up leasing contract 30 + years land & house !, Considering you have kids together it's roof over your kids heads " before yours ! No difference in west lose up to 75% + in family law courts  of everything you own prior or during marriage especially with kids involved ! my opinion let it go & move on ..

Edited March 28, 2023 by Mad mick

[Madgee]

1 hour ago, Mad mick said:

I've been there done that while we're together 19+ years we did have legal will  "if she passed first " would go to me to live in even though property was in her name , just in case family members decided in trying to claim ! under thai law at that time ! l would  have to sell property and house for memory as foreigner l could not own land house no issue ! We did divorce my fault not hers , never bothered about house was all part of our divorce settlement agreement  was very ammicable " I contested Zero nor did she her land originally from her mother, After land split between siblings years prior to mom death land title was in her family name & transferred later to her married  name  All land was gifted from mother to her , way l looked at it was her land anyway not mine ! family land to keep, House yes we built the house improved property considerably & once divorce , l moved on we had no children if we did have 99% she would of without hesitation place property in kids names .. You could ask your soon to be ex " IF Willing to place  house in both your kids names ? Next property I bought went via: lawyer advice started a  company & purchased land , motor bikes etc, all through company must have 3 x Thais 1 or 2% can't really remember correct % amount  but could never be voted out or off land we did have have quarterly company meetings informally ! no big deal land could not be taken off me via % thai low in company by thai law ! no choice must have legal % of Thais involved " Sorry for long story no issues once l sold land later on , or you can set up leasing contract 30 + years land & house !, Considering you have kids together it's roof over your kids heads " before yours ! No difference in west lose up to 75% + in family law courts  of everything you own prior or during marriage especially with kids involved ! my opinion let it go & move on ..

Don't worry folks ........
I've sent it to Bletchley Park, they're working flat out on it now!   

[transam]

44 minutes ago, Madgee said:

Don't worry folks ........
I've sent it to Bletchley Park, they're working flat out on it now!   

That place is now a mental institution........................????

[heybuz]

On 3/27/2023 at 10:23 AM, madler said:

The land ownership is not in question here, I want to hear from people who have had experience with the law when it comes to divorce. I have lived and worked in Thailand for many years. If you haven't any experience in this area keep your comments to yourself. 

I sued my ex and won, the maximum I could sue for was a million bht, lawyer said over that was getting into a different area. I had record of all payments made to builder developer , besides ex not turning up to court a few times and judge threatening her with jail all went well.I never see recovered all but something was better than nothing.

[heybuz]

Just now, heybuz said:

I sued my ex and won, the maximum I could sue for was a million bht, lawyer said over that was getting into a different area. I had record of all payments made to builder developer , besides ex not turning up to court a few times and judge threatening her with jail all went well.I never  recovered all but something was better than nothing.

 

[JimTripper]

Live in separate rooms.

[fceligoj]

Since a foreigner cannot own land in Thailand, having built a house on the Thai family property, you have no rights to the land other than you might have recourse if your spouse dies (have to sell within 6 months though after her death.)  To have any separate claim to the house, you should have a formal, legally executed document giving you right to the house.  If not, I am pretty sure that it belongs to whomever has the "Blue Book" to that address.  If you had executed a lease arrangement (in your name) for the house, then at least you would have the right to live there for the period of the lease.

 

You did not indicate that you ha a pre-nuptial agreement defining the rights of each party to their "share" of the combined assets.

[kingkenny]

On 3/27/2023 at 7:33 AM, OneMoreFarang said:

 

I think you know why you didn't write: I own a house in Thailand.

Maybe you built it, maybe you paid for it, but legally you don't own it if you are no Thai citizen.

Good luck! You need it.

 

You can own a house, you can't own the land it sits on.

[OneMoreFarang]

Just now, kingkenny said:

You can own a house, you can't own the land it sits on.

Correct. And that makes it kind of complicated...