Selling land after divorce from Thai wife....

[Martin71]

Good Morning All...

 

I know when divorcing Thai wife all properties / land and stuff obtained jointly after marriage are divided equally...

 

But I bought some land a good few years ago... I know if we divorce this land to be sold off and the proceeds split between me and wife..

 

But what if when it comes to selling the land my wife says "nobody buying  the land" .. my point is what is to stop her saying " nobody buy land"  every time I ask her for the next 20 years and she just waits till I die..

 

 Can I stipulate a time limit, or force her to sell the land to a bank or re-mortgage it..so I can get my half of the money..?

 

If anyone knows anything about this, I would be grateful for a few pointers...

 

Thanks,

Martin71

[OneMoreFarang]

3 minutes ago, Martin71 said:

But I bought some land a good few years ago...

In Thailand?

And did you buy that land in your name?

No.

Case closed. 

[IvorBiggun2]

Give power to your lawyer and let him sell your half of the assets.

[Martin71]

19 minutes ago, IvorBiggun2 said:

Give power to your lawyer and let him sell your half of the assets.

 

No lawyers involved at the moment ( I am hoping to keep it that way), it's all fairly amicable...

 I just need to know if I can legally force her to sell... if I have to bring in lawyers then I will....

 

[IvorBiggun2]

50 minutes ago, Martin71 said:

No lawyers involved at the moment ( I am hoping to keep it that way), it's all fairly amicable...

 I just need to know if I can legally force her to sell... if I have to bring in lawyers then I will....

Get a lawyer now. She's amicable now but.................Can you legally force her to sell? I doubt it hence why to get a lawyer now. Good chances are she'll know something of the law and will use that to her advantage.

[Martin71]

She does not much (if anything) about the law... the only advice she will be taking is from her alcoholic divorced bitter friends in the village... part of our problems stem from the wife listening to them, and crap she reads on farcebook...

[transam]

She will soon sit up if a professional becomes involved...🤗

[IvorBiggun2]

14 minutes ago, Martin71 said:

She does not much (if anything) about the law.

But her alcoholic advisors will.  

[Martin71]

15 minutes ago, IvorBiggun2 said:

But her alcoholic advisors will.  

 

That's the thing .... they all think they are a lao kow infused version of  Perry Mason...

[Martin71]

28 minutes ago, transam said:

She will soon sit up if a professional becomes involved...🤗

 

That's why I am asking for advice now... to try and keep it amicable and get all my ducks in a row.. until I pull the divorce trigger...

[Hummin]

Is it worth the Hassel? How much we talking about, and location, standard?

[IvorBiggun2]

Can foreigners receive land in Thailand as a part of divorce settlement or divorce judgment in Thailand?

According to a 1999 Ministry of Interior regulation, foreigners cannot own land in Thailand. Even if a foreigner marries a Thai national, he or she cannot have ownership over the land in Thailand. If you bought the land during the marriage, the Thailand Land Department requires the foreigner to sign a legal document to specify that this land is a non-marital property having a separate legal personality, therefore, only the Thai spouse will solely have ownership over the land. However, in the divorce proceeding, the foreigner spouse can provide evidence to the court proving that such land was also bought by his or her funds and the land should be considered being the marital property. Once the land is the marital property, then the land should be sold and the proceeds of the sale should be equally shared between the spouses.

[Martin71]

9 minutes ago, Hummin said:

Is it worth the Hassel? How much we talking about, and location, standard?

 

There is a bit of principle involved... it is not a huge amount of cash...

 

It's actually great land... well away from any neighbours has it's own little lake...

[Robert Paulson]

I think if you go to court you get screwed, because you’ll tend to get a very low price to half between you too. And if you hold onto it you get screwed too. Basically, just bend over and spread cheeks 

[Hummin]

1 minute ago, Martin71 said:

 

There is a bit of principle involved... it is not a huge amount of cash...

 

It's actually great land... well away from any neighbours has it's own little lake...

Village farm land with or without chanote?

 

The problem selling farm land locally is price. I seen same land for sale for years, and not sold before dumped the price. 

 

[Martin71]

1 minute ago, Robert Paulson said:

I think if you go to court you get screwed, because you’ll tend to get a very low price to half between you too. And if you hold onto it you get screwed too. Basically, just bend over and spread cheeks 

 

Also prepared for that eventuality.... huge tube of KY and a bag full of Valium...

[Hummin]

17 minutes ago, Martin71 said:

 

Also prepared for that eventuality.... huge tube of KY and a bag full of Valium...

Sometimes it is just better to leave things behind.

 

I decided whatever happens, If Im leaving my wife, I pack up my truck and my motorbike and leave, and never look back. What I invested in her, is hers.

 

Of course it would had been different if we lived more central, higher value on land and houses. I havent invested more than I can leave behind with no regret.

 

Principle and revenge just waste of energy and time.

[Martin71]

1 minute ago, Hummin said:

Sometimes it is just better to leave things behind.

 

I decided whatever happens, If Im leaving my wife, I pack up my truck and my motorbike and leave, and never look back. What I invested in her, is hers.

 

Of course it would had been different if we lived more central, higher value on land and houses. I havent invested more than I can leave behind with no regret.

 

Principle and revenge just waste of energy and time.

 

Yep... if it is too much grief, I could just walk away...but that's why I was asking originally, if she had to sell the land once divorced or could she keep fobbing me off with excuses...and wait till I could not be bothered or die...which ever comes first..

[jts-khorat]

What I read out of the response from IvorBiggun2 above is, that you will need that land registered as belonging (also) to you well before the divorce, as else you will have automatically no entitlement to it.

 

You might ask a lawyer to do that -- of course assuming, you actually have proof that the land was bought with your assets, eg funds were used coming from abroad specially marked as beign for buying the land.

 

Also mentioned was, if the land has a Chanote, this would make it freely sellable. Where my wife lives, no land has such a title, so in practice it would be quite impossible to sell (or only to a very limited number of people).

[Martin71]

Yes.. I can prove I paid for it with funds I bought into the country...

Yes we have the Chanote...

When we sorted the paperwork out at the land office I made sure my name was also put onto the paperwork...

 

I am sure (legally) I am entitled to 50% of the money when the land is sold... but my question has always been... can the wife just keep putting off selling it till I can't be bothered or die.. or can I stipulate a time frame... for example can I say OK, if the land is note sold within 1 year can I legally get her to pay me my half by re mortgaging or selling the land to the land bank or getting a loan using the land as collateral and she pays me out of that... 

[tomazbodner]

You could lease the land for free to the village for the garbage dump for a few years...

[Martin71]

Nah.. they would not use it as a garbage dump... they are all too busy stealing the fish out of the small lake...

[Celsius]

oh gee....what happened to that great mantra of "invest" in Thailand only what you are prepared to lose.

 

I guess it works great on internet forums where you try to convince everyone about your great investment. Until your "wife" actually kicks you out.....amicably, of course.

[Robert Paulson]

1 hour ago, Martin71 said:

 

Also prepared for that eventuality.... huge tube of KY and a bag full of Valium...

I like when you said they all get together and get their lawyer caps on. It’s so hilarious really 

[Martin71]

1 minute ago, Celsius said:

oh gee....what happened to that great mantra of "invest" in Thailand only what you are prepared to lose.

 

I guess it works great on internet forums where you try to convince everyone about your great investment. Until your "wife" actually kicks you out.....amicably, of course.

 

It is amicable .. and I can afford to walk away... 

[Celsius]

Just now, Martin71 said:

 

It is amicable .. and I can afford to walk away... 

 

I don't think you can.

 

You're crying about some chit land you bought in a 3rd world country.

[Hummin]

46 minutes ago, Martin71 said:

 

Yep... if it is too much grief, I could just walk away...but that's why I was asking originally, if she had to sell the land once divorced or could she keep fobbing me off with excuses...and wait till I could not be bothered or die...which ever comes first..

 

I know one resort owner who have waited two years for his x wife to sell! 

 

We talking about 12 million investment, sale price 20, now 12, and still not sold. Always a buyer, and almost sold, and not happening, and he is stuck there waiting for his payday. And I guess it is all his savings he invested. 

[Martin71]

Just now, Celsius said:

 

I don't think you can.

 

You're crying about some chit land you bought in a 3rd world country.

 

If you ain't got anything worth posting....why bother...

[Celsius]

1 minute ago, Martin71 said:

 

If you ain't got anything worth posting....why bother...

 

How about this?

 

How can you force someone to sell something that doesn't belong to you?

[transam]

10 minutes ago, Celsius said:

oh gee....what happened to that great mantra of "invest" in Thailand only what you are prepared to lose.

 

I guess it works great on internet forums where you try to convince everyone about your great investment. Until your "wife" actually kicks you out.....amicably, of course.

I think you are on the wrong thread, try reading it before you make your usual stupid comment..........🤔