Conjugal Rights

[Abrak]

I have fairly substantial assets in Thailand and abroad (certainly worth in excess of Bt100m). The vast majority of this is physically located in Thailand in the form of properties, cash and stocks and shares. Now I have been with the same girl for the past three years and she is gradually moving in. My question is fairly simple - by letting her move in, am I exposing myself to having to grant her some financial settlement in the event we eventually break up? She obviously gets to keep the pressies - the jewellry and the car but does she have any claim on any of my assets. I obviously have no intention of actually marrying her...

[chinthee]

I have fairly substantial assets in Thailand and abroad (certainly worth in excess of Bt100m). The vast majority of this is physically located in Thailand in the form of properties, cash and stocks and shares. Now I have been with the same girl for the past three years and she is gradually moving in. My question is fairly simple - by letting her move in, am I exposing myself to having to grant her some financial settlement in the event we eventually break up? She obviously gets to keep the pressies - the jewellry and the car but does she have any claim on any of my assets. I obviously have no intention of actually marrying her...

You're asking a good question about whether there is a community property law in Thailand granting rights to property where there is no formal marriage. With that amount of assets, you should be able to hire a top notch lawyer to advise you. Why are you asking here? Why don't you hire the lawyer, get the advice and advise everyone back here? That would be useful for a lot of people to know.

[A_Traveller]

1. Might be an idea to get a mod to change the title to Cohabitation Rights.
   
2. I'm not an expert and I agree you should go and get one, but I do recall, that there was a 'common law wife' provision in Thai Law, but I don't know if it is still current. In fact weddings were more the exception than the rule here for most people in Thailand until relatively recently.
   

Regards

[tijnebijn]

I have fairly substantial assets in Thailand and abroad (certainly worth in excess of Bt100m). The vast majority of this is physically located in Thailand in the form of properties, cash and stocks and shares. Now I have been with the same girl for the past three years and she is gradually moving in. My question is fairly simple - by letting her move in, am I exposing myself to having to grant her some financial settlement in the event we eventually break up? She obviously gets to keep the pressies - the jewellry and the car but does she have any claim on any of my assets. I obviously have no intention of actually marrying her...

You're asking a good question about whether there is a community property law in Thailand granting rights to property where there is no formal marriage. With that amount of assets, you should be able to hire a top notch lawyer to advise you. Why are you asking here? Why don't you hire the lawyer, get the advice and advise everyone back here? That would be useful for a lot of people to know.

I totally agree with chintee . Would be very informative to learn from .

Does not mean nobody on this forum is able to give the Op his answer though.

[bangkoksingapore]

I would be surprised if such laws exist in male dominated Thailand.

[Abrak]

Perhaps I havent phrased myself at all well. I have lived in Thailand for 14 years. It is my understanding that there is no cohabitation rights without formal marriage. I would certainly be interested though if people on TV had a different experience - especially as laws can and very often are pretty vague on such matters. Personal experience would, I feel, be just as useful as any formal legal opinion. Still I havent asked for one as yet and maybe I should.

[jamesc2000]

Oh you mean that conjugal rights!!

I thought you meant the other kind!

[A_Traveller]

Just to return to this, comments from 1999

Women's Anti-Discrimination Committee - 8 - Press Release WOM/1090 417th Meeting (AM) 29 January 1999 .... The cohabitation for persons of the same sex and of different sex was not recognized in Thailand, and there was no legal protection for cohabitants to claim their rights regarding financial provision, both during cohabitation and at termination, including death. ...

However, the same document, which is quoted in one way or another, in many locations on the net, also identifies matters which have changed, so it in and of itself is not helpful.

Further, when in traditional environments a 'common law' marriage existed, then at death, for example, both families would ensure a measure of equanimity, {Not as in the western approach and most assuredly biased by 'might is right'} though not under the auspices of the law.

Regards

PS Oddly enough though the DoL does at least recognise the situation, see section 3.1 in link as example.

DoL

/edit typo +PS//

Edited August 12, 2007 by A_Traveller

[Creeper]

I have fairly substantial assets in Thailand and abroad (certainly worth in excess of Bt100m). The vast majority of this is physically located in Thailand in the form of properties, cash and stocks and shares. Now I have been with the same girl for the past three years and she is gradually moving in. My question is fairly simple - by letting her move in, am I exposing myself to having to grant her some financial settlement in the event we eventually break up? She obviously gets to keep the pressies - the jewellry and the car but does she have any claim on any of my assets. I obviously have no intention of actually marrying her...

Don't worry about it too much, she'll probably have you whacked and get the lot anyway.

If I had assets worth in excess of 100 Million Baht, I'd keep it to myself.

[chinthee]

I have fairly substantial assets in Thailand and abroad (certainly worth in excess of Bt100m). The vast majority of this is physically located in Thailand in the form of properties, cash and stocks and shares. Now I have been with the same girl for the past three years and she is gradually moving in. My question is fairly simple - by letting her move in, am I exposing myself to having to grant her some financial settlement in the event we eventually break up? She obviously gets to keep the pressies - the jewellry and the car but does she have any claim on any of my assets. I obviously have no intention of actually marrying her...

Don't worry about it too much, she'll probably have you whacked and get the lot anyway.

If I had assets worth in excess of 100 Million Baht, I'd keep it to myself.

Actually,..you're right. Real people with real money tend not to advertise that fact on public or any other fora. But, this is an interesting issue, and I hope the OP does get legal advice and tell us all the result.

[a2396]

With your money I am sure you can hire a top notch lawyer. I have heard that the children produced as a result of a Buddhist marriage, ie not registered, are recognized as the responsibility of the said husband. Make sure you don't give her access to your accounts, etc, etc. She may take off with all the posessions in your apartment one day, if things go awry. One did exactly that to me - cleaned out the whole place one morning while I was away.

[pop_corn]

just dont try. keep it outside your house. look, i dont really think there are any law that makes u pay anything to a girlfriend, u r not going to sign a contract when she moves. BUT, if u are not even planning to marrying her in the future, then, for what?

stay cool ;-)

[rychrde]

With your money I am sure you can hire a top notch lawyer. I have heard that the children produced as a result of a Buddhist marriage, ie not registered, are recognized as the responsibility of the said husband. Make sure you don't give her access to your accounts, etc, etc. She may take off with all the posessions in your apartment one day, if things go awry. One did exactly that to me - cleaned out the whole place one morning while I was away.

Interesting, I thought Thai tradition meant the child stayed with the parent of the opposite gender... unless the other parent had more money!!

rych

[jetjock]

You are not talking about that much money that it is worth losing a nights sleep over. If things don't work out and by some quirk in the law you have to give her up to half (Bt50m), it would be hardly be enough money to buy a nice house in NYC or London or small palace in Bangkok so just consider it as a nice parting of the ways gift and a charitable contribution to the Thai economy. From reading the TV forum, it is apparent that many before you have either willingly or unwillingly also made significant contributions to the Thai economy.

On the other hand, if you a one of those TV members that think that just because it is your money that you should be entitled to keep it then I suggest seeing an attorney as to the in's and out's of Thai law. I seriously doubt that LOS has many laws regarding things relating to palimony issues but think it better to check it out with a lawyer rather than find out the hard way

Edited August 12, 2007 by jetjock

[sceadugenga]

My understand is that under Thai law, a "mia noi" has no legal rights if the relationship ends but any children of that relationship do.

[englishoak]

I would be surprised if such laws exist in male dominated Thailand.

So would I

[Farma]

My understanding is defacto relationships are not recognized in Thailand.

However if the person is still married or seperated, there is Sin Somros (sp) where a separated person can claim against a boyfriend/girlfriend who has entered into a relationship with their still married partner.

[naka]

Regardless of the legal aspects you should keep your financial affairs well

hidden. As an example get a bank safety deposit box she knows nothing about

rather than a safe at home.

Naka.