What Should Cheating Spouse Get

[mikethevigoman]

I know this will cause a lot of arguments but i want to know.

In your opinion when a divorce is caused by a cheating spouse how should the assets be split up ??

This specific situation has to do with my mother in law. Her husband moved his mia noi into the same house they were living in. When she moved in my mother in law moved out. In my opinion she should have went to a judge instead of moving out but that was her decision and it was 9 years ago. Now he has gone to a judge to file for divorce so he can marry the mia noi and he wants to keep everything that they obtained together. His reasoning is that my mother in law has obtained new land and a new house on her own in the last 9 years.

Legally this is all confusing because all of the land was acquired while they were still married. The land that he has was obtained while they were still living together and was improved mostly by her but has been taken care of the last 9 years by his mia noi.

In my opinion ALL of the new land that she worked on her own should be retained by my mother in law and at least 50% of the old land should be given to her. I also advised her that she should sue the mia noi for having sex with her husband since compesation is provided for in thai law. Since I am very harsh to spouses that cheat i would say that all of the old land should go to her also since that is what the penalty should be for cheating.

By the way what she is asking for is for the old land and house to be put in the children's name so that the new wife can get her hands on it. She is not asking for any of it for herself.

My opinion on other situations based on thai law that whatever you bring into the marriage is your and what was acquired during the marriage is communal property.

1. Where all assets were acquired together. The cheating spouse should pack their clothes and be on their way.

2. Non cheating spouse provided all of the assets. The cheating spouse should pack their clothes and be on their way.

3. The cheating spouse provided all of the assets. 50% should go to the non cheating spouse.

Interested to hear opinions. My guess is the cheaters will be very against what I have written.

A black eye and a suitcase !

[wolfmanjack]

Before you do all these transfers to the family, I hope your wife has the good sense to make sure that all the kids will understand that it is still the MIL's. Perhaps an underlying agreement? No family is perfect and the more kids there are, the more likely one of them will be a greedy turd.

Yes the kids were all told that the land still belongs to her. She has been holding out on the divorce because she wants the land that they have together to be placed in the name of at least one of the two children they have together. She suggested the boy and i suggested both the boy and the girl. The boy has a questionable background and his wife's parents asked for a pretty high amount for sinsod. I don't trust either of them so putting the land in both of the children's name they have together would be better. The main idea that she wants is to make sure that the mia noi and her children from a previous marriage do not get their hands on any of the land that should go to the children they have together.

The fact that they have been separated and it is legally recognized makes it no longer necessary for her to transfer the remainder of her land to any of the children.

[wilko]

Cheating spouse - could very likely get an STD.

[Orion76]

I'm not a lawyer but I know from a legal case a friend was involved in that there is a Thai law against sleeping with a married woman and that a man who does this can get into legal trouble for doing so.

Don't know if this works the other way round though, probably not if the law was drafted by Thai men with mia noi's.

[wolfmanjack]

Cheating spouse - could very likely get an STD.

And the cheating spouse can give the STD to the non cheating spouse

[TAWP]

50% of it?

[wilko]

Duh...yes!

[wolfmanjack]

I think with compounded interest they will both end up with 100%

[JimmyCA]

the belief that cheating spouses should not get the standard 50% is sophomoric. What about spouses who aren't emotionally stable? What about spouses who snore too loud? What about spouses who don't take care of their body? What about spouses who treat you poorly, etc. Cheating hurts our ego more so, but creating laws that punish certain faults is unrealistic and silly.

Cheating is just part of thai culture, does not deserve a special category .. i.e a non event ... like snoring as you say, maybe he can get some service from the mia noi while the mia yai snores away ZZZZZZZZZZZZZZZZ