Laws Regarding Ownership Of Property/possessions

[Eastender]

I will be marrying my Thai g/f in Thailand, and then at some point in the future we'll be living in England. This will either be in a property I already own now, or perhaps a larger property I will have bought in my name after we marry.

I've been prompted to ask by a concerned family member;

What would be the legal situation regarding ownership of the property (and possessions) should we seperate or divorce in the future?

Would the answer to this question be any different if we were still to own the property in the UK, but were to live in Thailand?

Thanks.

[LaoPo]

I will be marrying my Thai g/f in Thailand, and then at some point in the future we'll be living in England.  This will either be in a property I already own now, or perhaps a larger property I will have bought in my name after we marry.

I've been prompted to ask by a concerned family member;

What would be the legal situation regarding ownership of the property (and possessions) should we seperate or divorce in the future?

Would the answer to this question be any different if we were still to own the property in the UK, but were to live in Thailand?

Thanks.

<{POST_SNAPBACK}>

Notary? I would do pre-marriage documents stating what belongs to you...to be signed by both and make up a Will as well.

LaoPo

[DeDanan]

Hi Eastender,

I got the info below from another site, it may be of some use.

Have a Happy...

DeDanan

Easy and quick some say? If you married in Thailand and both parties agree to the divorce, it's as simple as going to the registrar's office where your marriage is registered and filing the divorce. You just go with your wife to any Amphur, show them your wedding papers, your passport, her ID card, and tell them that you want to divorce. They will ask you some questions, like have you children together and what have you decided for their future?... are there financial problems pending?..,They will fill a form. You both sign it then wait a few minutes, the time needed to fill the divorce certificate... the wedding certificate was in "portrait form '' the divorce certificate is "landscape form".You will have to pay 50 baht & your wife must change her name to yours BEFORE the divorce can be granted...and she can reverse to her old family name, the minute after the divorce is granted.

IF LIVING OVERSEAS WHAT TO DO:

If you are married and your spouse does not agree to a divorce in Thailand then you will need to obtain a judgement from the Court. You need to use a lawyer for these steps. You cannot remarry until this has been annulled and you must be present in the Court in Thailand yourself. However the lawyer will act as power of attorney on your behalf to do the preliminaries but you must appear at the final hearing in person. You are not permitted to have a power of attorney acting for you. Therefore "YOU MARRY IN THAILAND & Register in the local Marriage Office YOU MUST DIVORCE IN THAILAND".

We can assist you if living abroad. We will act as power of attorney and file to the Court on your behalf. You need to send us a copy of your passport, marriage certificate, Thai partner's ID copy and as much information regarding your marriage, children, address of your last homes and circumstances surrounding the breakup including dates and circumstances when the separation took place. This is important. Once we have a Court date you must appear before the Court for this final stage but we will still be acting for you. Costs: approx standard fee is 30,000 baht excluding travel expenses but depending on the complexity of the divorce costs can by higher.

If in the US each state has their own set of rules. Most states require a 6-month cooling off period (separation) before the divorce becomes final. On the other hand, Nevada only requires six weeks of living in Nevada (for non residents).

Qu: What if my Thai wife won't agree? Then you need to file to the court for an annulment on grounds. Approx time if straight forward 2 months but can be longer?

Qu: If I am a foreigner & live in Britain & my wife will not divorce me what do I do? You must file to the Thai Court in Thailand & be present (can take 2 months). Normally a Thai Lawyer will file for you and act as power of attorney until you are required to appear in Court in which case you have NO OPTION BUT TO APPEAR.

Qu: Can I get my Thai wife's parents to sign on her behalf? No

Qu: Can the Thai Embassy assist me as a foreigner? No

Qu: Can I prepare myself? No a lawyer must file to the court. However if by mutual consent you can do yourself.

Qu: If both parties agree is it straight forward? Yes you can then apply direct to the local Amphur where you were married.

Qu: How long must I be separated before I can apply for divorce? 3 year separation

Qu: Must I travel to Thailand to divorce if my wife won't sign? Yes but you can use a lawyer for the prelim's.

Qu: What if my wife leaves you in the USA? tough ----you must pay the support she will receive from the Social Welfare or whatever benefits she may receive for the rest of your life unless she goes back to Thailand..

Qu: Can 2 westerners divorce in Thailand? No? but please check with your respective embassies

Qu: If my foreign husband leaves me in Thailand what can I do if he is selling our condo? Apply to the Court under section 1483 & or 1484 for the Court seeking an order protective measures regarding the marriage property.

[Gumballl]

Eastender,

I do not know how things are in England, but to the best of my knowledge, here in the US, any properties, monies, investments, etc that are fully owned prior to the marriage, remain the sole property of the investor, and not to the spouse after the marriage.

The key phrase above is fully owned! For instance, if you own a house, but yet you have a mortgage on the house, 50% of any monies that you pay towards this house after you are married can be considered as belonging to your spouse. The same for any other properties (cars, motorcycles, boats, etc) and retirement accounts in which you are depositing money into after the marriage.

The best thing to do before getting married is to sign a prenup agreement. However, be careful that your spouse fully understands the content of such an agreement. Later on, she can always claim in a divorce court that she did not understand what she was signing (due to perhaps her lack of knowledge of the English language), and guess what... the agreement will be nullified.

If you plan to have children, then a prenup is pretty much worthless, because the courts will look to divide your assets, not so much for your spouse, but for the children. After all, they would need a house to live in!

By the way, I was married to a Thai woman. I was married in Thailand, and I was able to "amicably" divorce her at the Thai Consulate in Los Angeles. The procedure cost next to nothing, and took about 30 minutes to complete.

Since I did not have a prenup, my ex-wife could have sued me for monies in a California court, which would have dragged the procedure out to 6 months as another poster has mentioned. Fortunately, I do not pay alimony, I did not have children, and I kept all of my monies in my retirement accounts. However, with the house, I was not so lucky. I coughed up half of the profit (of US$204,000) to the ex-wife. She is now back in Thailand, working as a school teacher, and pretty much living life well... thanks to me!

Edited March 27, 2005 by Gumballl

[Dragonman]

Eastender.Pre-nups not valid in UK. Make sure you have a will however. Keep property in your name but this does not ensure she will not get a percentage of it from a Court. If you have kids she will be entitled to live there until kids are 18.

Divorce in Thailand and make her a reasonable offer. This is the way most marriages end out here. Most girls will volunteer to divorce for the costs of a good lawyer! You don' have to register your marriage in UK if you marry in Thailand.

Best of all stay happy and don't think about the possible problems.