Possiblity Of Evicting Wife

[wineman]

Anybody know for sure if it is possible for a company here to evict the Thai wife of its managing director from the company owned house in which they both live? I have been told it is a no-no.

Situation is, they both want a divorce, he wants her to sign document confirming she will move out before it's sold. He will sign a document before she goes confirming he will immediately offer the house for sale at a realistic price, and give her half the eventual selling price immediately it's sold. To further complicate the issue, she also wants half the money he has in England. That money, although in his name, is not his but his son's. However, she doesn't believe that and so is digging her heels in.

The house was bought the company way before the marriage. The husband is a farang. House would be sold for about 4M baht.

[Woofer]

Anybody know for sure if it is possible for a company here to evict the Thai wife of its managing director from the company owned house in which they both live? I have been told it is a no-no.

Situation is, they both want a divorce, he wants her to sign document confirming she will move out before it's sold. He will sign a document before she goes confirming he will immediately offer the house for sale at a realistic price, and give her half the eventual selling price immediately it's sold. To further complicate the issue, she also wants half the money he has in England. That money, although in his name, is not his but his son's. However, she doesn't believe that and so is digging her heels in.

The house was bought the company way before the marriage. The husband is a farang. House would be sold for about 4M baht.

Better see a lawyer over this one and make sure he or she is good!

[Farma]

Have to agree, see a good lawyer. It looks like he’s in for a long legal battle.

[Loosescrew]

I don't know Thai law well but I was under the impression assets outside Thai cannot be touched and furthermore any contracts not in Thai aren't recognized. Anyone know anything further on that point?

[joskydive]

The guy needs a Lawyer.

I would say that he should go back to where his company was made and ask them to contact each individual Thai shareholder so that they can confirm her presence in the house is now not required and she must leave immediately.

He will need to have, at least, one shareholder with 2% shares in his company to give him the majority vote of 51% that she should leave by a given date. This should be in written notice to her from a Law firm so that she knows he means business.

Also, if the company was formed solely for the purpose of purchasing this house he could find that each shareholder might require being paid off their share and if the yearly taxes have not been dealt with, they have to be addressed and paid off with the penalties also. Just to top it off, he would then need to close the company down. This all costs money so I wouldn't be too enthusiastic about signing any document giving her half of the proceeds from selling the house.

Not sure about the money which belongs to the son! If it's in his bank account then as far as anyone is concerned, it's his and she would be entitled to some of that unless the son can prove that the money was actually his. Also, if he moves this money back to the son now, it could be seen that he is trying to avoid paying her her share.

Anyway, the best thing to do to start is go and see a Lawyer and bear in mind they hate dealing with divorce cases here in Thailand.

[ballbreaker]

In Thailand I thought assets acquired prior to marriage are not part of any divorce settlement.

It sound like the house is owned by the company unless it was sold to the managing director.

[Farma]

From experience.

Proof of foreign assets and other foreign legal documents can be produced and accepted in a Thai court if the documents have been translated, apostilised (sp) and stamped by the Thai embassy.

The translations should be on F4 sized paper (Thai legal size).

Thai legal counsel suggested to me Thai courts have no jurisdiction over foreign assets although they will take these foreign documents into account when deciding the case.

[pluto_manibo]

If you do a search on Marriage law in the Tilleke and Gibbins website, you will find that assets acquired before the marriage are considered personal property, as well a donations, gifts and inheritances. What is acquired during the marriage becomes communal property! This is my understanding of it from the information given.

[joskydive]

If you do a search on Marriage law in the Tilleke and Gibbins website, you will find that assets acquired before the marriage are considered personal property, as well a donations, gifts and inheritances. What is acquired during the marriage becomes communal property! This is my understanding of it from the information given.

This is true but my understanding from the original post was that this guy was going to give the half share of the house on his own free will. Personally, if I were in the same position she would get 0 baht.

[Farma]

Pluto manibo that was my experience as well.

The information on foreign documents may be of interest to the OP as the person can use this to counter the wife’s claim and prove foreign assets were acquired prior to marriage.

[plasticpig]

Let her know if she does not move out. (give her the money to do this)

She will get nothing from the house sale as she has no entitlement to assets

obtained before the marriage in Thailand.

Make her an appointment with a good lawyer and pay for it

Think she will change her tune if she attends the little chat.

when she realizes she can have 2m baht for free!!!!! If shes nice.

Or he could give her F/A, if shes nasty.

Tell her to piss off over money in the uk,

that would be very hard for her to get her hands on.

Please dont tell me he has joint bank accounts in the uk!!!!!!!!!!!!!!!!!

She would probably give up after the first year of chasing after it.

BTW get some body armour, she wont be happy

Edited May 23, 2008 by plasticpig

[MisterFingers]

If logic dictates, she's either gonna have to move out of the house, or pay for the other half of it in order to keep it.

Give these two only alternatives, I'm sure she'll move out.

[dsfbrit]

I will just answer on the aspect of this messy situation I am certain of.

I am British and I am married to a Thai. We were married in an Amphur in Thailand and so have a legally binding Marriage Certificate recognised in both Thailand and the UK.

For the purposes of UK law, my wife has exactly the same legal rights that a wife would have had she been British and we married in London.

Whether she would need to go to the UK courts to exercise these rights is unknown to me? I would suspect she would have great difficulty getting the required financial information if she tried to pursue this in Thailand.

I have a pre-nup agreement that ensures only the Thai assets will be considred in any future divorce.

This pre-nup becomes null and void if we have children.

Those are the only facts I know - so I will just wish your friend good luck with this.

As a bit of personal advice from one who has been through a divorce, I would suggest your friend contacts his wife to lower the 'anger' in the situtation. I would suggest arranges to meet her somewhere pleasant and offer her some of what she wants. A hard thing to do amongst all the emotion, but if he can keep it 'friendly' and reasonable then all will benefit in the long term.

The moment Lawyers are involved it becomes a total battle gorund where the major winners are the lawyers

Edited May 24, 2008 by dsfbrit

[plasticpig]

Unless the guy wants to walkway from the house and company plus hand over half the cash..Its going to turn into a battle like it or not.

Let her know it’s full on straight away. That way you will get an indication on how far she is willing to pursue it.

The Thais are good friendly natured people, until it’s a money issue.

Then Fire breathing monsters come out to play.

Get the big stick out straight away, or walkway.

One thing he should do is move the money from his bank account ASAP

He could set up a loan agreement to a trusting friend.

Once the money is in an account other than in his name she will have years

of hassle of trying to get her hands on it. (let her know this will happen)

Trying to get money from someone who does not have it, is hard work

In any country.

Don’t let him become one more lamb to the slaughter.

How much money and assists does he have in the uk ?

Good luck, get that body armour.