To Be Evicted - Need Advice

[whatchamacallit]

I Know a nice and gentle Thai Woman who used to work in a hospital and had a nice career path ahead. While working at the hospital she met a farang and ended up coming home to live with him and be his living girl friend/nurse. 3 years have now passed and the farang in the interim bought a shop and helped her open a laundry business. The business has been opened for 6 months and is doing well. Now the farang is ready to trade in this nice Thai woman for a younger version - she did live with him in the house but recently she was asked to leave and she's been sleeping in the shop - today he told her she must now leave the shop as well. During this 3 year relationship - she never got any physical posessions from the farang - the house, the shop and everything is all under his name.

Does she has any options - she is in physical possessions of the shop at this time, and the farang has told her to move out or he will go to a lawyer and call the police.

I feel she is entitled for something as she did give up her carreer at the hospital and took care of him for the 3 years. But then what do I know.. .this is just my opinion and may have no legal authority.

Can any give her any advice? She would at least like to keep the shop even if she has to pay rent.

Your advice would be greatly appreciated - today please!!!!!!!!!!!!! As the wolf is at the door!!!!!!!!!

[innovator]

Does she have a large family from Issan? If so, she can invite everyone down to stay with her in the shop.

I doubt that the farang would have much power to evict 75 villagers out of the shop.

Then, if he did try to do something bad, they could set up a small tent village in front of his shop and play loud karaoke music at all hours of the day and night to drive customers away and eventually, make the farang go crazy and leave.

Good luck. This is like a mini-PAD demonstration idea that seems to be working in Bangkok at the moment. I guess some folks don't mind hanging out at the govt. house for 7 months and counting, so her family and village may not mind hanging out at the shop.

[foxxx]

well he's within his legal right to do it all. he's not braking any laws that I can tell, just moral ones. shitty situation but it happens.

*bump*

[basjke]

This is live isn't it?It happens all the time but I see it more time happen in the disadvantage of the foreigner then vice versa.

[joskydive]

I Know a nice and gentle Thai Woman who used to work in a hospital and had a nice career path ahead. While working at the hospital she met a farang and ended up coming home to live with him and be his living girl friend/nurse. 3 years have now passed and the farang in the interim bought a shop and helped her open a laundry business. The business has been opened for 6 months and is doing well. Now the farang is ready to trade in this nice Thai woman for a younger version - she did live with him in the house but recently she was asked to leave and she's been sleeping in the shop - today he told her she must now leave the shop as well. During this 3 year relationship - she never got any physical posessions from the farang - the house, the shop and everything is all under his name.

Does she has any options - she is in physical possessions of the shop at this time, and the farang has told her to move out or he will go to a lawyer and call the police.

I feel she is entitled for something as she did give up her carreer at the hospital and took care of him for the 3 years. But then what do I know.. .this is just my opinion and may have no legal authority.

Can any give her any advice? She would at least like to keep the shop even if she has to pay rent.

Your advice would be greatly appreciated - today please!!!!!!!!!!!!! As the wolf is at the door!!!!!!!!!

The best thing she can do is go and see a Lawyer herself, immediately and find out precisely what her legal position is and take with her any documents or receipts which confirms her story that she has lived and worked for him for the last 3 years and what recompense she has recieved to date for that service.

[jimmybkk]

I'm no expert but my understanding is that Thai law doesn't recognize a common-law wife, like some countries do. Suspect she may be <deleted>'d.

One thing though, how is the house in his name? Is it leasehold?

[joskydive]

Yes, it doesn't recognise a common law wife but after checking, there is a betrothal law. The only problem is, is that it doesn't state whether this is a written contract or not. This is why she's better going to a Lawyer herself and finding out. It would also be interesting how he owns and house and shop also.

[jfchandler]

That's what I was going to ask...

1. How can a "house" be legally owned by a individual farang?? That's not generally legally allowed, unless he's jumped through a lot of hoops to set up a company property ownership.

He could be renting a house or leasing a house, and then it would depend on whose name or names is on the rental agreement.

and 2. If he has the laundry business, wouldn't he be required to have some Thai partners, at least in name??

It's hard to understand how, given what the OP reported, he opened the laundry shop/business for her.... but she never had her name on any of the documents relating to it????

But as to the broader question, she could do what any number of other local women have been known to do in similar circumstances.... such as... tell him she's pregnant with his baby.... or... threaten to cut off his balls with scissors unless they come to some reasonable terms..... or .... have some acquaintances pay him a late night visit and send him back to the hospital again....

[Mobi]

I wonder what the legal situation is regarding the farang's ownership of the shop/house/business?

I would be surprised if he has dotted all the "i's" and crossed all the "t's".

In LOS that's almost impossible to do.

I strongly recommend she find a good lawyer. The farang can be put under pressure for 'illegal' activities and be obliged to reach a settlement with the lady. I doubt if the police will be sympathetic unless he has a deep pocket.

It is legendary that many girls in this country screw farangs in a similar manner, but every now and then you come across the complete opposite.

I know of several farangs who have pulled stunts like this and even worse, and it disgusts me even more than the typical Thai lady who dumps on farangs. The ladies have some excuse by way of cultural background, family pressure, deprived upbringing etc., but the farangs have none.....

[Phil Conners]

The properties could easily be held in a company name with lawyer staff as shareholders, this is very common and although on the edge, not directly illegal at this time - at least if it was there would be a lot of cheap property for sale in Pattaya.

As for the "business" he probably didn't set her up with a co. ltd., more likely he bought a couple of washing machines and put them in one of the properties. Most Thai run "companies" run like this with virtually no paperwork.

As someone always said, happens all the time, but usually it's the farang who's getting screwed.

[Chang_paarp]

This is really one for a lawyer.

How does the falang own the property, company?

Who are the thai shareholders/directors? Is she one?

How is the laundry business structured?

Falang cannot be a sole trader so for him to control it must be company. If not company she may be able to claim ownership to all the equipment.

If there is no lease and he has allowed the business to use the premises there are rights there similar to squatters rights. She may be able to negotiate a lease. Has she been paying rent? Are the business licenses in order? In who's name?

If the falang claims she is just an employee she is entitled to severance pay, the labor court is very employee friendly (falang or Thai employee BTW)

Professional advice needed, the best thing you can do to help is to offer to pay XBaht towards a good lawyer.

[Samuian]

On the Contrary - sorry to the OP what if HE is the Guy who would like to evict his ex and just wants to make sure he does the right thing?

What ever get a lawyer, they get paid for it!

[basjke]

If the lady still worked at the hospital and got sacked today,do you think she would be entitled to any compensation from the hospital?

[basjke]

This is really one for a lawyer.

How does the falang own the property, company?

Who are the thai shareholders/directors? Is she one?

How is the laundry business structured?

Falang cannot be a sole trader so for him to control it must be company. If not company she may be able to claim ownership to all the equipment.

If there is no lease and he has allowed the business to use the premises there are rights there similar to squatters rights. She may be able to negotiate a lease. Has she been paying rent? Are the business licenses in order? In who's name?

If the falang claims she is just an employee she is entitled to severance pay, the labor court is very employee friendly (falang or Thai employee BTW)

Professional advice needed, the best thing you can do to help is to offer to pay XBaht towards a good lawyer.

How would you react if you finish up with your wife/girlfriend/boyfriend and another foreigner would offer your ex partner money to get you cleaned?

[moo9]

The only revenge would be to question the legal status of the house ownership. Otherwise she would have no options. Not married, just "GF".

There are as many axxhole farangs as axxhole Thai girls. The best of the rest meets down here. But luckily there are exemptions of the rule!

Cheers

PS: How old is she and what is her phone number? *joking* :D

[Wonderboy]

I feel she is entitled for something as she did give up her carreer at the hospital and took care of him for the 3 years. But then what do I know.. .this is just my opinion and may have no legal authority.

There are always two sides to a story and a million valid reasons for someone to break up a relationship. Pretty sure the guy feels he was the one who took care of her for 3 years, and now "the bitch" wants more. That she "gave up" her career path sounds very dubiousl. Very strange if the guy pressured her to stop working in a hospital so he could buy her a shop and help set up a laundry business. Pretty sure it was her idea.

Why cant she go back to a hospital? She has been away for only 3 years and if she were so promising as you claim, she should get her job back. Anyway, to me it sounds like a guy with common sense. He would have been a moron to put things in her name and get taken to the cleaner as so many other farangs have been.

WB

[Mobi]

I feel she is entitled for something as she did give up her carreer at the hospital and took care of him for the 3 years. But then what do I know.. .this is just my opinion and may have no legal authority.

There are always two sides to a story and a million valid reasons for someone to break up a relationship. Pretty sure the guy feels he was the one who took care of her for 3 years, and now "the bitch" wants more. That she "gave up" her career path sounds very dubiousl. Very strange if the guy pressured her to stop working in a hospital so he could buy her a shop and help set up a laundry business. Pretty sure it was her idea.

Why cant she go back to a hospital? She has been away for only 3 years and if she were so promising as you claim, she should get her job back. Anyway, to me it sounds like a guy with common sense. He would have been a moron to put things in her name and get taken to the cleaner as so many other farangs have been.

WB

Yes, there are always two sides to every story but your speculation and distortion of the facts as presented to us by the OP is just amazing.

How on earth can you be pretty sure that everything he has told us is wrong? (Unless you have some inside personal knowledge of this business)

The OP has told us of the facts as he sees them, and asks us for advice based on that scenario. IMHO we have no choice but to take the OP at face value and offer advice based on those set of facts

To do otherwise, and be PRETTY SURE that he is completely wrong in his assessment of the case is just bordering on the absurd.

It may indeed transpire that the OP has been misled, but that is entirely another matter, and we will probably never know.

[pluto_manibo]

1. Do not get involved!

2. You only have one side of the argument

3. Do not become the "White Knight in shining armor" for ulterior motives

4. Even if you have both sides of the story, it is none of your business....if there is domestic abuse, police is available. If it is a property issue, she can consult a lawyer.

[torrenova]

He can own the business but cannot work in it. No problem there.

She was an adult who made her decision to live with him. Now he wants to end the relationship. So what ? Nothing wrong there. Why should she get anything, she contributed nothing.

[whatchamacallit]

On the Contrary - sorry to the OP what if HE is the Guy who would like to evict his ex and just wants to make sure he does the right thing?

What ever get a lawyer, they get paid for it!

I think you've been reading too much JFK's Conspiracy theory

[whatchamacallit]

Yes, there are always two sides to every story but your speculation and distortion of the facts as presented to us by the OP is just amazing.

How on earth can you be pretty sure that everything he has told us is wrong? (Unless you have some inside personal knowledge of this business)

The OP has told us of the facts as he sees them, and asks us for advice based on that scenario. IMHO we have no choice but to take the OP at face value and offer advice based on those set of facts

To do otherwise, and be PRETTY SURE that he is completely wrong in his assessment of the case is just bordering on the absurd.

It may indeed transpire that the OP has been misled, but that is entirely another matter, and we will probably never know.

Hi guys, thank you for all your response - and Mobi thank you for coming to my defense.

It is true that there are two sides to every story and yes I've told you the side that I know without adding anything sensational. I know this lady to be a decent, honest and hardworking woman. The facts are very plain and simple:

1. The lady's ex boyfiend owns condos - so he can own them in his own name.

2. The shop is also a condo on the lobby level - and it is too in his name.

She got nothing in her name whatsoever. She is even willing to rent the shop from him if he lets her!

BTW we have a gentleman from this forum who is going to go out of his way to try and help. Wish us luck guys!!

[whatchamacallit]

He can own the business but cannot work in it. No problem there.

She was an adult who made her decision to live with him. Now he wants to end the relationship. So what ? Nothing wrong there. Why should she get anything, she contributed nothing.

You're absolutely correct - she was an adult when she entered the relationship and she is an adult now that they they're breaking up. What makes you assume that she contributed "nothing"??? she was not a bar-girl but a nurse at the hospital. For the last 3 years she has been taking care of this man in a medical capacity and has also been working 12 hour day since the laundry opened. If indeed she has contributed nothing at all to this relationship but had been legally married, she would be entitled to half of what he owns. She is not asking for much out of this, just to be able to continue her laundry business... even if she has to pay rent to her ex.

[jts-khorat]

If indeed she has contributed nothing at all to this relationship but had been legally married, she would be entitled to half of what he owns.

... and this is why marriage is insanity, the more so in this country where owning anything is already so difficult.

[Chang_paarp]

This is really one for a lawyer.

How does the falang own the property, company?

Who are the thai shareholders/directors? Is she one?

How is the laundry business structured?

Falang cannot be a sole trader so for him to control it must be company. If not company she may be able to claim ownership to all the equipment.

If there is no lease and he has allowed the business to use the premises there are rights there similar to squatters rights. She may be able to negotiate a lease. Has she been paying rent? Are the business licenses in order? In who's name?

If the falang claims she is just an employee she is entitled to severance pay, the labor court is very employee friendly (falang or Thai employee BTW)

Professional advice needed, the best thing you can do to help is to offer to pay XBaht towards a good lawyer.

How would you react if you finish up with your wife/girlfriend/boyfriend and another foreigner would offer your ex partner money to get you cleaned?

I'll introduce you to my Ex-wife and her friends in the feminist support group, sorry, I mean legal aid one day. I know a lot about it.