Car On The Same Name

[johnyb]

Hey all,

I read the topic about in what name is the best solution if get a new car.

Now i like to now what happend when you divorced with the car.

The car is on my family name (my wive has my fam,name to.in her pasport and id card.

The only thing is all the car papers starting with her first name (for instance susan)and than our famely name. How get the car? she or me (i paying the montley bill)

thanks for answer

[ScubaBuddha]

Unlike the states and probably other places, cars and motorbikes can only be in one persons name in Thailand. Based on what I have read here, I don't think there is anything you can do if she wants to take the car and keep making the payments herself. You are not alone, this is a common occurrence in the LOS.

[katabeachbum]

having same familyname doesnt help. Its registered in her thai id number and not your passportnumber, so it belongs to her until you have proven otherwise.

[soundman]

In the case of a divorce, marital assets accumulated after marriage date (excluding any land purchases) are generally divided 50/50, if a mutual agreement cannot be made. It does not matter whose car the name is in, or who paid for it, if you divorce, and cannot agree on terms, a court will order the car disposed of and allocate the proceeds 50/50.

Of course, IRL things are not always this black & white....

[katabeachbum]

In the case of a divorce, marital assets accumulated after marriage date (excluding any land purchases) are generally divided 50/50, if a mutual agreement cannot be made. It does not matter whose car the name is in, or who paid for it, if you divorce, and cannot agree on terms, a court will order the car disposed of and allocate the proceeds 50/50.

Of course, IRL things are not always this black & white....

Thats when you have reached a divorce and settled in court. Until then, if she goes missing or whatever with the car, you dont have access to it. like a couple of years.

[ScubaBuddha]

In the case of a divorce, marital assets accumulated after marriage date (excluding any land purchases) are generally divided 50/50, if a mutual agreement cannot be made. It does not matter whose car the name is in, or who paid for it, if you divorce, and cannot agree on terms, a court will order the car disposed of and allocate the proceeds 50/50.

Of course, IRL things are not always this black & white....

This would mean Thailand is a "no fault" country when it comes to divorces. Is that true?

[aussiebebe]

In the case of a divorce, marital assets accumulated after marriage date (excluding any land purchases) are generally divided 50/50, if a mutual agreement cannot be made. It does not matter whose car the name is in, or who paid for it, if you divorce, and cannot agree on terms, a court will order the car disposed of and allocate the proceeds 50/50.

Of course, IRL things are not always this black & white....

I agree with that; I read the OPs post carefully and it seems that the car belongs to his wife; they should decide between them what to do.

Out of interest, what would happen to a foreigner's condo if he/she divorced from their Thai spouse? If it was bought after the marriage date would it have to be sold or how would it be divided?

[soundman]

In the case of a divorce, marital assets accumulated after marriage date (excluding any land purchases) are generally divided 50/50, if a mutual agreement cannot be made. It does not matter whose car the name is in, or who paid for it, if you divorce, and cannot agree on terms, a court will order the car disposed of and allocate the proceeds 50/50.

Of course, IRL things are not always this black & white....

This would mean Thailand is a "no fault" country when it comes to divorces. Is that true?

I used the word generally, however;

Not necessarily, if certain "reasons" for divorce exist, such as a cheating partner, or one partner being made destitute by the other asking for the divorce. The law is quite specific that neither gender is favoured, so if a wife asks for a divorce that will make her husband destitute, the wife will be ordered by a court to make maintenance payments. An interesting provision within the law is a divorce based on the other partner being in an adulterous affair. The third party may actually be sued for compensation for loss, both material and other. So be careful that your "mia or peua noi's" are not too wealthy!

Here are some online guides & I am sure I have read the actual divorce code somewhere on this foruum.

http://www.thailand-lawyer.com/divorce.html

http://www.divorcethailand.com/