Life Partnership 50/50 split

[LuckyG]

I lived with my Thai partner 11 years after a big wedding, that created a marriage which was never legally registered. 

 

The lawyers all say that we would be viewed as a "Life partners" and all assets accumulated, while together, would be split 50/50 in a Thai Court.  Would this 50% include money that i brought into Thailand, from another country, during our 11 years together?  This money is not "earned income" from Thailand, so I would expect it would NOT be viewed as money that was contributed to the relationship.  I am seeking clarity on how would this money, that is parked in a Thai bank account be viewed in the 50/50 scenario? Would she be entitled to 50%? if so, why?

 

Please only comment if you have experience or knowledge of this 50/50 matter.  PLease no assumptions, thoughts or opinions. Thanks!

[OneMoreFarang]

9 minutes ago, LuckyG said:

why?

Don't expect logic! There is no "why?" in Thailand. It just is.

 

And about legally not being married. I remember a guy who was in the same situation. Bit marriage party but no legal registration of the marriage. After a few years they split up.

It seems she was able to convince the court that she was married. She showed them lots of picture. And it seems that was good enough for the court.

That's what I heard from a normally reliable guy. I didn't see any documents and I can't be sure if it is true.

[rumak]

"accumulated, while together" .     If you can show proof that you had the money that you brought over in a bank account (in your name only)   BEFORE  you were together , and could provide that proof (bank records ) ..... AND when you brought it over it went into an account only in your name and stayed that way ....  As a fair and honest judge I would say that remains yours alone.

Once anything gets comingled with your "partner" in any way then it gets more complicated and  then the "opinion" of the judge who is deciding .....well, its up to him/her.    Not just in Thailand, but everywhere.... people (judges are people) will not all interpret the law the same.  

Note:  if you have a pension or other income that was going into the overseas account while you were with your partner ...... that could well be seen as "accumulated while together" .   Probably would be even though of course I (and you) would think that is ridiculous)  .

Edited May 4, 2023 by rumak

[Sigma6]

Interesting.

 

This is the first I've heard of the concept of 'common law wife'  in Thailand.

 

Is it a thing?

[Freddy42OZ]

38 minutes ago, Sigma6 said:

Interesting.

 

This is the first I've heard of the concept of 'common law wife'  in Thailand.

 

Is it a thing?

It should be. 
 

[crazykopite]

Hate to say it but they will give your partner what she wants your a foreigner try and come to an agreement between the two of you if you can’t just pack your bags when she’s out shopping  and move on leaving no forwarding address 

[KannikaP]

7 minutes ago, crazykopite said:

Hate to say it but they will give your partner what she wants your a foreigner try and come to an agreement between the two of you if you can’t just pack your bags when she’s out shopping  and move on leaving no forwarding address 

Do they not teach punctuation in Liverpool?   555

[Jack Cook]

It’s Thailand. You’re Farang, you’re screwed.

[khunPer]

4 hours ago, LuckyG said:

Please only comment if you have experience or knowledge of this 50/50 matter.  PLease no assumptions, thoughts or opinions. Thanks!

Legally you are not married, but Thailand has begun to view unregistered marriage as what you call "Life partners". There has been a few cases mentioned in the media, where the couple has been viewed as married.

 

In that case, everything that was not separate property before a marriage is viewed as common property – including whatever funds you have brought in from abroad, if you cannot prove they were legal savings before the village marriage – shall be divided with 50 percent to each part. However, inheritance received during a marriage is after Thai law separate property.

[OneMoreFarang]

31 minutes ago, khunPer said:

Legally you are not married, but Thailand has begun to view unregistered marriage as what you call "Life partners". There has been a few cases mentioned in the media, where the couple has been viewed as married.

 

In that case, everything that was not separate property before a marriage is viewed as common property – including whatever funds you have brought in from abroad, if you cannot prove they were legal savings before the village marriage – shall be divided with 50 percent to each part. However, inheritance received during a marriage is after Thai law separate property.

Interesting. Do you have any links to support any of that?

[AgMech Cowboy]

3 hours ago, Sigma6 said:

Interesting.

This is the first I've heard of the concept of 'common law wife'  in Thailand.

Is it a thing?

Yes

Edited May 4, 2023 by AgMech Cowboy

[AgMech Cowboy]

1 hour ago, Jack Cook said:

It’s Thailand. You’re Farang, you’re screwed.

You are NOT correct. He has rights. Also, he asked that opinions not be posted.  

Edited May 4, 2023 by AgMech Cowboy

[tomazbodner]

I have a question on that split. If 2 people marry, and one of them bought a property on loan, which hasn't yet been paid off on the day of marriage, does that property also get included in 50:50 split? Example: one of them bought a house on say 10 year loan, it is say 8 years paid off already, 20% left (for the figure), when the couple gets married. If they later divorce - what happens to the house? Is the other partner entitled to half of 20% or half of the whole house?

 

Have a friend who married a German guy and borrowed from others to pay off the condo loan before wedding to avoid him getting 50% in case they divorced. I was wondering if that was necessary.

Edited May 4, 2023 by tomazbodner

[rumak]

10 minutes ago, tomazbodner said:

Have a friend who married a German guy and borrowed from others to pay off the condo loan before wedding to avoid him getting 50% in case they divorced. I was wondering if that was necessary.

I would file that under the "better safe than sorry"  category .    Many times not doing something results in getting a nasty surprise later on .... and hearing the customary " i thought nothing like that would happen" .    (applicable to soooo many situations involving relationships)

[AustinRacing]

What was the money brought from abroad used for? If it was used for marital purposes, eg buying a home, appliances etc, in my opinion, it’s fair that she shares in the proceeds. The woman has sacrificed 11 years of her life with the guy and he’s doing his best to minimize her entitlements.  

[khunPer]

22 hours ago, OneMoreFarang said:

Interesting. Do you have any links to support any of that?

It's been in the news here on ASEAN NOW, so you can try to search it; I don't store links of everything I read, I still got a pretty fair memory installed...????

[Lacessit]

On 5/4/2023 at 4:29 PM, Freddy42OZ said:

It should be. 
 

I think you'll find there are many Western men who appreciate Thai law is a lot fairer than legal systems that extract their wallets via their genitals, irrespective of how much they supported their female partner, or how long the relationship lasted.

[Reginald Prewster]

Many Posts i read here are the typical "Farang has no rights" BS comments.

 

You have a good lawyer and the story could end badly for the ex wife. 

 

Our story was Family wanted to sell us land and ripped us off.

Even my wife wanted to give up and then I showed her that you need nothing else than a good and professional lawyer who thinks per case, speaks the law and not against Farang.

Darn, that guy was the calmest fury I ever met, who even shut down the opposite lawyer in minutes with a friendly but permanent brain battering.

 

Later we heard that he did return a few assets like cars and houses back to farangs, after the wifes wanted to take off. 

 

I would not try it alone as then the story of "Farang lost all" might add another chapter... 

 

[Paul Catton]

On 5/4/2023 at 3:35 PM, LuckyG said:

I lived with my Thai partner 11 years after a big wedding, that created a marriage which was never legally registered. 

 

The lawyers all say that we would be viewed as a "Life partners" and all assets accumulated, while together, would be split 50/50 in a Thai Court. 

Introduction of funds from overseas that have been remitted to Thailand within your union would be subject to a 50% split unless expressly deposited into your sole account as required by Thai Immigration.

Albeit,  "Monies Earned in Thailand" as opposed to "Introduced Funds from Overseas" placed into the relationship dynamic would be classed similarly.

 

I would try to remove Lawyers out the equation (both hers and yours if able) and negotiate directly

    

Edited May 5, 2023 by Paul Catton

[OneMoreFarang]

21 hours ago, AustinRacing said:

The woman has sacrificed 11 years of her life

Let me guess, you are a woman... 

[AustinRacing]

2 hours ago, OneMoreFarang said:

Let me guess, you are a woman... 

I’m not but it has nothing to do with it, right?

[OneMoreFarang]

8 minutes ago, AustinRacing said:

I’m not but it has nothing to do with it, right?

You wrote: "The woman has sacrificed 11 years of her life"

Why do you think that?

Maybe those were the best 11 years of her life. Or maybe only 10 great years and then one bad year.

Maybe he sacrificed many years of his life.

Or maybe they were just not compatible after some time. 

 

[AustinRacing]

29 minutes ago, OneMoreFarang said:

You wrote: "The woman has sacrificed 11 years of her life"

Why do you think that?

Maybe those were the best 11 years of her life. Or maybe only 10 great years and then one bad year.

Maybe he sacrificed many years of his life.

Or maybe they were just not compatible after some time. 

 

I know what I wrote. The value of women in Thailand decreases with age, as I’m sure you’re well aware”. This alone constitutes sacrifice. Other stuff you mentioned are possibilities too. He’s the one who’s trying to rip his wife off therefore his sacrifices are immaterial fot this argument. 

[Sigma6]

8 minutes ago, AustinRacing said:

I know what I wrote. The value of women in Thailand decreases with age, as I’m sure you’re well aware”. This alone constitutes sacrifice. Other stuff you mentioned are possibilities too. He’s the one who’s trying to rip his wife off therefore his sacrifices are immaterial fot this argument. 

She will be entitled to 50% of the assets they accumulated as a couple - how is he trying to 'rip his wife off'??

Some strange opinions on here - implies that for a women to be in a relationship it's a sacrifice...
It's a gamble for both side to commit - why should she be able to cash out too if it fails?? 
 

They had a relationship; it didnt work out - why should she have any claim on wealth he accumulated before she was on the scene?

 

 

 

[OneMoreFarang]

20 minutes ago, AustinRacing said:

The value of women in Thailand decreases with age

That's obvious, and not only in Thailand.

That is why young women can sell themselves for lots of money (hourly pay of marrying a rich guy or whatever) to the highest bidder. 

[AustinRacing]

33 minutes ago, Sigma6 said:

She will be entitled to 50% of the assets they accumulated as a couple - how is he trying to 'rip his wife off'??

Some strange opinions on here - implies that for a women to be in a relationship it's a sacrifice...
It's a gamble for both side to commit - why should she be able to cash out too if it fails?? 
 

They had a relationship; it didnt work out - why should she have any claim on wealth he accumulated before she was on the scene?

 

 

 

You’re going around circles a bit. He brought in cash into a relationship. It is fair to assume that both used the things his brought cash paid for. For example he buys a car with the money he transferred from os. . It is used as family car for 5 years.  Now things are not going well, so he wants to claim the car 100%? Gimme a break!!!

[LuckyG]

Austin Racing.......Now things are not going well, so he wants to claim the car 100%? Gimme a break!!!

 

Sorry folks, pitiful i know, but I do not know how to copy the thread and make it highlighted to respond to a comment on this forum ????  Suggestions?

 

Austin, you are creating a lot of story from my post. You are concluding things that i never posted. You might want to examine this behavior, as it may be causing a lot of frustration in your life.  To set the record straight, I paid every one of her expenses for 11 years, plus i paid for everything that we did together.  She had a Fat job, making Fat money. She spent all of the money she earned and some on a business that i loaned her alot of money over 4 years, to create and build, so she could quit her job. The business is doing very well. Bottom line, She brought another man onto the scene and told me to go.  She is threatening me legally, so I am just trying to assert where i stand on money that is in my thai account, that she has never had any part of.  Im not trying to rip her off!!!  Austin, I do believe your accusations of me are actually "fair" because those type of scenarios do occur a lot in Thailand but if you knew us, you would understand that they could not be farther from the reality of our time together.  I bent over backwards to support her and She used me like a bar of soap.

enough already.... This post was made to learn how money in a personal account from overseas would be treated in a court of law!

Edited May 6, 2023 by LuckyG

[Reginald Prewster]

On 5/6/2023 at 9:35 AM, LuckyG said:

You are concluding things that i never posted.

There are always people who reading words and not understand the story. Beside there are always smacktalkers hiding behind their screens and try to hurt and put shame on. These people never die and lovce what they do online, the only way they can show power without getting beaten up. 

 

Just read what smart and helpful people post for you, they are the ones caring to give a constructive answer.