Selling land after divorce from Thai wife....

[transam]

6 minutes ago, Hummin said:

 

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. 

So what................🤐

[transam]

6 minutes ago, Martin71 said:

 

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

That bloke is always the same, it would seem a very unhappy person......🥴

[Martin71]

7 minutes ago, Celsius said:

 

How about this?

 

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

 

I am legally entitled to 50% of marital assets.....

 

Do the forum a favour and stick your head in a deep fat fryer full of boiling oil for 5 mins .. and then come back to the forum and let us know if it hurt...

[Upnotover]

11 minutes ago, Martin71 said:

 

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

That is what I did in another country, and what I would again.  9 times out of 10 her ongoing needs will be greater than your own.

[Celsius]

1 minute ago, Martin71 said:

 

I am legally entitled to 50% of marital assets.....

 

 

 

Wow, just wow.

 

Thanks for the LAUGH!

 

You are right tho....you do get 50% of the word assets.....the first 3 letters

 

 

[transam]

Just now, Celsius said:

 

Wow, just wow.

 

Thanks for the LAUGH!

 

You are right tho....you do get 50% of the word assets.....the first 3 letters

 

 

The member that knows nothing and makes himself look stupid............😂

[Martin71]

 

4 minutes ago, transam said:

The member that knows nothing and makes himself look stupid............😂

 

Member being the operative word....

[Kinnock]

Can you make the land part of her half of the settlement with an estimated value, and you take correspondingly more of the disposable assets?

[chickenslegs]

Would it be viable to let her buy your half of the land at a discounted price, or let her keep the land while you get to keep other assets (e.g.- cars, motorbikes, condo).

 

Work out the total value of your joint assets and try to come up with a deal which does not require the quick sale of the land.

 

Posted at the same time as Kinnock - saying the same thing.

[Martin71]

 

14 minutes ago, chickenslegs said:

Would it be viable to let her buy your half of the land at a discounted price, or let her keep the land while you get to keep other assets (e.g.- cars, motorbikes, condo).

 

Work out the total value of your joint assets and try to come up with a deal which does not require the quick sale of the land.

 

Posted at the same time as Kinnock - saying the same thing.

 

We rent, and the remaining marital assets M/C, furniture, electrical  items, I am not bothered about, I even bought her 3 rai of rice fields to keep her busy (cheap as chips) while I was away working .. but as I say the only thing I am interested in is the nice plot of land I bought for a house(that was never built).... I would not care how she got the money together to repay me..

[IvorBiggun2]

1 hour ago, Martin71 said:

Yes we have the Chanote...

You have the land paper but is it 'Chanote' title? Many people get confused on here thinking that land titles are 'Chanote'. Nor Sor 4 Jor. But in fact they are not. There are 6 land titled documents. Knowing which one you actually have may help you. You may need a Thai to confirm your title. It's clearly marked in the top right hand corner of your land paper.

[Gecko123]

Everything purchased during the marriage is not automatically marital property. If you use money that you acquired before marriage to buy any property - including land -then that property legally belongs to you, but you have to be able to prove that you owned the money that was used to purchase the property you are claiming is your individual property.

 

In order to understand this properly you have to carefully review the Thai Civil Code section pertaining to what is defined as marital property and what is defined as individually owned (sin sun tua) property. The reason so many foreigners think that anything purchased during the marriage is "marital" property is because the Thai code uses the very ambiguous and legally imprecise wording "dai" or "ได้" which gets translated to "gets" or "acquires".  But what exactly does "acquired" or "gets" mean?

 

The intent of the law is that everything that the couple "earns" or acquires through their mutual effort as a couple through work and if they have assets which appreciated or generated income during the marriage all that appreciation and income is indeed split 50/50. The intent of the law only becomes clear when you read BOTH the definitions of marital and individual property.

 

With that said, you are over a barrel and to a large extent at the mercy of your wife in terms of forcing a sale of any land and permanent fixtures and improvements on the land, i.e., a house. If she decides to refuse to cooperate or does a disappearing act the mechanisms for forcing her to comply are very cumbersome involving protracted court dates, potential appeals, and even if/when you get a judgement in your favor, enforcing that judgment can be an extremely frustrating process.

 

Another major obstacle is the location of the land and the house. If you built a house in say the extended family compound, few people outside the extended family are going to be interested in buying a house in someone else's family compound. Farm land is an entirely different matter, and chances are can be unloaded very quickly if the price is right. I'm sorry to say this, but in almost every case I've seen, following a divorce, the foreign guy basically walks away without extracting any funds in the process.

 

Another problem - at least out in the countryside - is that if a foreigner builds a McMansion house quite often the market value is very limited because: (1) the price is much higher than the locals can afford, and (2) often has been built to specifications which don't really lend themselves to a farm lifestyle, plus Thais have this thing about "used" homes sometimes.

 

Here is the civil code referencing the definitions of marital and individual property:

 

https://library.siam-legal.com/thai-law/civil-and-commercial-code-marriage-section-1465-1493/

 

Sections 1471 and 1472 are the two most important sections. You will quickly see that Sections 1471 and 1472 contradicts Section 1474 if you interpret "acquired" (gets) to mean everything purchased.

 

As a first step in the reasoning/negotiating process with your wife, you might want to enlist the support of the Puu Yai and the Amphoe District manager, possibly with the help of an attorney, but I would endeavor to avoid getting into an all out battle because, as I said, with the property registered in her name, she is going to be in the driver's seat throughout the process.

 

Edit: Your wife also has the potential power to manipulate the market demand for this property. She can collude with potential buyers to low-ball the offering price and work behind the scenes to undermine interest in potential buyers [Hummin's post above about property sitting on the market forever and a day reminded me of this] @Hummin

[Martin71]

9 minutes ago, IvorBiggun2 said:

You have the land paper but is it 'Chanote' title? Many people get confused on here thinking that land titles are 'Chanote'. Nor Sor 4 Jor. But in fact they are not. There are 6 land titled documents. Knowing which one you actually have may help you. You may need a Thai to confirm your title. It's clearly marked in the top right hand corner of your land paper.

 

Yep.. I have previously googled and looked into the legality and types of paperwork that I have and what it means for me .. I have all the relevant documents... and proof I paid for the land with only my money earned before we were together

[IvorBiggun2]

1 minute ago, Martin71 said:

I have all the relevant documents...

I'll say no more.

[save the frogs]

1 hour ago, Celsius said:

 

I don't think you can.

 

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

 

Your life didn't work out in Thailand, so now you want to take everyone else down with you?

 

Take it easy, cowboy.

 

[Celsius]

18 minutes ago, save the frogs said:

 

Your life didn't work out in Thailand, so now you want to take everyone else down with you?

 

Take it easy, cowboy.

 

 

I am in Thailand doing great.

 

This you must be unhappy schtick is getting old 

[save the frogs]

3 minutes ago, Celsius said:

 

I am in Thailand doing great.

 

This you must be unhappy schtick is getting old 

So you left Canada? Too cold?

I thought you just said Thailand was a 3rd world sh*thole. But you're doing great?

You don't sound happy to me. 

 

[Hummin]

1 hour ago, transam said:

So what................🤐

Clever and helpful as always 😉

 

Have a good sunday eve 

[transam]

4 minutes ago, Hummin said:

Clever and helpful as always 😉

 

Have a good sunday eve 

No answer then..........

[Hummin]

9 minutes ago, transam said:

No answer then..........

Oh, so what was a question now 🤓

 

Clever boy

[transam]

Just now, Hummin said:

Oh, so what was a question now 🤓

 

Clever boy

Go read your post, and then, so what...........🙄

[0ffshore360]

3 hours 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...

There are a few legal businesses that offer a degree of free legal advice. Some of which present as friendly to expat interests in such matters. Insofar as you are entitled to a 50% share of property  you can identify as purchased during marriage that does not preclude you being paid out without selling altogether. Perhaps in order to serve to principle you could offer to have an exclusive lifetime binding  lease in lieu of payment?

 

[Martin71]

Offshore360 ...I see where you are coming from.. but to be honest I would prefer cold hard cash in the bank... but a decent idea none the less... 

[stoner]

have you tried what we talked about the other day. the whole covering yourself in shhhhh.

[Martin71]

16 minutes ago, stoner said:

have you tried what we talked about the other day. the whole covering yourself in shhhhh.

 

Did not work... land office threw me out and the police threatened to beat the granny out of me....

[stoner]

11 minutes ago, Martin71 said:

 

Did not work... land office threw me out and the police threatened to beat the granny out of me....

 

go have one last shower on the land and call it a day then. 

[Martin71]

Nope.. I am following the IRA on this one... I'm going "on the blanket"...

[thainet]

4 hours 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..

Martin the Land (whatever type of Chanute you have) is obviously in her name, so there is really nothing you can do if she doesn't want to sell. If you had a 'goodwill' agreement between the 2 of you, and it is not documented, then sadly there is nothing you can do.. you just DO NOT own anything. And going the Court/Lawyer route is going to be a long drawn out process, with perhaps costs more than the land is worth.

[0ffshore360]

15 minutes ago, thainet said:

Martin the Land (whatever type of Chanute you have) is obviously in her name, so there is really nothing you can do if she doesn't want to sell. If you had a 'goodwill' agreement between the 2 of you, and it is not documented, then sadly there is nothing you can do.. you just DO NOT own anything. And going the Court/Lawyer route is going to be a long drawn out process, with perhaps costs more than the land is worth.

Defeatism encourages scammers! Divorce Court rulings do have genuine applicable meaning  even for foreigner's so walking away is a poor ideology. Persisting  may not be to any  financial advantage eventually but "principle" versus "face"  may be a  battle worth the input?

It is not so exclusively a "farang" issue because similar  happens to Thai as well on both  sides of gender.

[Liverpool Lou]

2 hours ago, 0ffshore360 said:

you could offer to have an exclusive lifetime binding  lease

You think that there is such a thing in Thailand?