Divorce

[baco]

I'm married to a thai lady, we are going to divorce.

the following is going on while I went back home to work for 6 months she met another guy and had an affair she admitted that to me, I don't have proof only what she told me.(no witness)

We met in 2003, in jan 2005 we bought our house/bussines,it is in her name, in nov 2005 we got married, no pre nup in the marriage papers it says we cohibited for 2 yrs.

During the marriage my parents borrowed us 2 million baht.

My question is is there a legal basis that i can claim something?

don't know if this is in the right forum

[orchis]

My question is is there a legal basis that i can claim something?

Maybe there is a legal basis to claim ignorance.

[G54]

To be honest? If there is a slim chance of you getting anything back it will be a long drawn out affair that will cost you time, money and maybe some of your sanity.

As it is in her name, do you really expect to receive anything back? Think about it.

Consult a lawyer if you must, but be prepared to find a good, honest one. If you want the number of an honest lawyer for an honest opinion, PM me and I will give you his number, but he speaks Thai.

[NanLaew]

Isn't there the same caveat in Thai law as in UK law where either party is liable for 50% of the debts at time of divorce?

I think in your case you should consider your personal investments a write-off. However, I would seek legal counsel to make sure the financial side of things are all kosher (you mention a joint business venture?) so that after you walk away from this personal train wreck, you aren't tagged by any creditors if the business is/has folded or being/been dissolved.

[dale8]

Hello, sorry for the marital problems. If you can not work out your problems and get back together, you should get a good attorney and maybe a private investigator. Let them know all the information you can, and see what they say. Cheers.

[dbrenn]

I'm married to a thai lady, we are going to divorce.

the following is going on while I went back home to work for 6 months she met another guy and had an affair she admitted that to me, I don't have proof only what she told me.(no witness)

We met in 2003, in jan 2005 we bought our house/bussines,it is in her name, in nov 2005 we got married, no pre nup in the marriage papers it says we cohibited for 2 yrs.

During the marriage my parents borrowed us 2 million baht.

My question is is there a legal basis that i can claim something?

don't know if this is in the right forum

Yes, you can claim something. You are legally entitled to half of all assets accrued since your marriage, regardless of whose name they are in. Provisions will have to be made for children, if there are any.

Don't assume that you have lost everything like most people in your situation do. If you can't come to an agreement with her, get a reputable lawyer and go to court.

Assets that belonged to you before you married remain yours, as do her assets reamain hers. The Thai Civil and Commercial Code defines two kinds of assets in a marriage:

1) Sin suan dua - assets accrued during the marriage that are shared 50/50 upon divorce

2) Sin sot - assets that belonged to each party before they married and are not shared and are retained by the original owner after divorce

[Thaddeus]

We met in 2003, in jan 2005 we bought our house/bussines,it is in her name, in nov 2005 we got married

Yes, you can claim something. You are legally entitled to half of all assets accrued since your marriage

House and business purchased before marriage......... walk away, or waste money on expensive legal fees and still probably end up getting nothing.

[elektrified]

I'm married to a thai lady, we are going to divorce.

the following is going on while I went back home to work for 6 months she met another guy and had an affair she admitted that to me, I don't have proof only what she told me.(no witness)

We met in 2003, in jan 2005 we bought our house/bussines,it is in her name, in nov 2005 we got married, no pre nup in the marriage papers it says we cohibited for 2 yrs.

During the marriage my parents borrowed us 2 million baht.

My question is is there a legal basis that i can claim something?

don't know if this is in the right forum

Sorry to hear about your problems. Why on earth would you put a house and/or business in a girlfriend/wife's name??? What were you thinking? A shyster will only take from you whatever you have left. They prey upon people who are going through difficult times in their life. Walk away and consider it a costly lesson in your life.

[dbrenn]

We met in 2003, in jan 2005 we bought our house/bussines,it is in her name, in nov 2005 we got married

Yes, you can claim something. You are legally entitled to half of all assets accrued since your marriage

House and business purchased before marriage......... walk away, or waste money on expensive legal fees and still probably end up getting nothing.

I just noticed the dates, and you are right. In this case, with the house and business in the name of the OP's wife before the marriage date, they would likely be considered sin sot, not sin suan dua.

The moral of the story is don't set your wife up with all your wordly goods before you marry.

[caf]

We met in 2003, in jan 2005 we bought our house/bussines,it is in her name, in nov 2005 we got married

Yes, you can claim something. You are legally entitled to half of all assets accrued since your marriage

House and business purchased before marriage......... walk away, or waste money on expensive legal fees and still probably end up getting nothing.

With the exception of land and certain gifts, all assets and liabilities acquired since marriage are joint

Getting 50% back in practice is not so easy.

If she bought a car after marriage you are entitled to half the value

If you bought a car she is entitled to half the value.

If you bought it in her name she will probably claim it was a gift.

[IanForbes]

And yet people here STILL argue against farang men who insist on remaining single with no financial ties to anyone.

[Harcourt]

Just a slightly different tack, strategy-wise: Your parents loaned you 2 million. Whilst remaining the man on the ground actually doing everything, get a lawyer to act in your parent's name to claim the borrowed money back. This takes that particular amount out of the matrimonial claims. If the claim is lodged before any matrimonial property claim, it should have first dibs.

[caf]

Just a slightly different tack, strategy-wise: Your parents loaned you 2 million. Whilst remaining the man on the ground actually doing everything, get a lawyer to act in your parent's name to claim the borrowed money back. This takes that particular amount out of the matrimonial claims. If the claim is lodged before any matrimonial property claim, it should have first dibs.

that's good thinking

[sammysung]

troll alert.

noone could be this dopey! 2 m baht to poor folk

[brianinbangkok]

If your soon to be ex gets the house and the business make sure you have any bank loans/mortgages that you co signed or signed as garantee taken off your name so you do not end up losing the house but still being responsible for paying the loan when she can not pay for it anymore BEFORE you sign the divorce papers...

If your ex or the bank refuses to co-operate you could tell them that using a foreigners money to buy land is illegal and you will report this to the land department that will then have to take back the land deed.

Kinda use the Thai laws against them.... but ask a lawyer first

Get a lawyer... and good luck.

[baco]

thanx for the replies.

up till now my soon to be ex is cooperating about the money.

And if I don't get the money I'will just leave thailand without signing any papers and go home, how the bank then wants to get their money I don't know.