chippy1941 Posted June 23, 2010 Share Posted June 23, 2010 Advice needed by anyone in same situation or been there? Short version, Married 2004 to Thai Lady, retired 2006 & moved here, built house, purchased land & then the violence started & she made my life a misery so I left 2 years ago. I purchased a new car from Toyota , paid 215,000 depsit & rest over 4 years,met with my wife some months after I left & she agreed to let me have the car when paid for because it was in her name. 9 payments left & she says she will claim the car because it is in her name but she has not paid one baht towards it. Trouble finding English speaking lawyer in Issan so has it happened to anyone else or any advice what to do next. I have stopped payments now & waiting next step from her or Toyota 1 Link to comment Share on other sites More sharing options...
simon43 Posted June 23, 2010 Share Posted June 23, 2010 (edited) I would say - and I am not a lawyer - that you have zero chance of claiming that car. I presume that you are using Toyota Finance? So whose name is the finance agreement in? Hers I assume. So she is buying the car, not you. (I am not criticizing you here - exactly the same thing happened to me!) Does she have the financial means to pay the installments without your help? If not, then you have some leverage power. If she can pay by herself, then I cannot see what you can do to either claim money back from her or claim a right to the car. Simon PS - in my case, after understanding that I had no claim on the car and no chance of monies to be refunded by my ex, I went out and drilled various holes all over the bodywork so that it looked like it had been raked by a machine gun. Still drivable, but looks terrible => big loss of face Edited June 23, 2010 by simon43 Link to comment Share on other sites More sharing options...
evanson Posted June 23, 2010 Share Posted June 23, 2010 (edited) Advice needed by anyone in same situation or been there? Short version, Married 2004 to Thai Lady, retired 2006 & moved here, built house, purchased land & then the violence started & she made my life a misery so I left 2 years ago. I purchased a new car from Toyota , paid 215,000 depsit & rest over 4 years,met with my wife some months after I left & she agreed to let me have the car when paid for because it was in her name. 9 payments left & she says she will claim the car because it is in her name but she has not paid one baht towards it. Trouble finding English speaking lawyer in Issan so has it happened to anyone else or any advice what to do next. I have stopped payments now & waiting next step from her or Toyota Just wing off a copy of your email to Sunbelt for a Lawyer's opinion. According to my many lawyer friends here, things are changing fast and the Thai wife certainly is not automatically entitled to your property any more. That'll piss a few of 'em off:lol: Edited June 23, 2010 by evanson Link to comment Share on other sites More sharing options...
simon43 Posted June 23, 2010 Share Posted June 23, 2010 But Evason - the car is not his property, is it? The finance deal is in his wife's name (I assume). Simon Link to comment Share on other sites More sharing options...
SAW Posted June 23, 2010 Share Posted June 23, 2010 I would say - and I am not a lawyer - that you have zero chance of claiming that car. I agree. Better to just walk away and put it down to experience and put your thoughts and efforts into something more positive. Link to comment Share on other sites More sharing options...
t.s Posted June 23, 2010 Share Posted June 23, 2010 I would say - and I am not a lawyer - that you have zero chance of claiming that car. I presume that you are using Toyota Finance? So whose name is the finance agreement in? Hers I assume. So she is buying the car, not you. (I am not criticizing you here - exactly the same thing happened to me!) Does she have the financial means to pay the installments without your help? If not, then you have some leverage power. If she can pay by herself, then I cannot see what you can do to either claim money back from her or claim a right to the car. Simon PS - in my case, after understanding that I had no claim on the car and no chance of monies to be refunded by my ex, I went out and drilled various holes all over the bodywork so that it looked like it had been raked by a machine gun. Still drivable, but looks terrible => big loss of face but that would be a chargeable offense as the car was not yours to drill. Link to comment Share on other sites More sharing options...
evanson Posted June 23, 2010 Share Posted June 23, 2010 But Evason - the car is not his property, is it? The finance deal is in his wife's name (I assume). Simon Hmm, missed that bit. However, what does an email cost? And the fact that expensive assets are usually in the wife's name (farang having no access to credit here) might be taken ino account. Worth a go donchathink? Link to comment Share on other sites More sharing options...
robblok Posted June 23, 2010 Share Posted June 23, 2010 If the car was bought during the marriage you both have a 50% claim. As i have read all money made during the marriage will be split. So cars houses and stuff bought during the marriage will be split 50/50 and it does not matter on whos name it is. Link to comment Share on other sites More sharing options...
Mario2008 Posted June 23, 2010 Share Posted June 23, 2010 The contract seems to be in her name, so when the final payment is done the car will be in her name. That you paid for it doesn't mean anything, she can just claim it was a gift from you. On you the burden of proof that the misses agreed to give you the car. I assume you are still married. If so, all wealth acquired during the marriage needs to be split when you divorce. That includes the (value of) the car. In isaan I would recommend isaanlwyers, they have a good reputation in family law. Link to comment Share on other sites More sharing options...
simon43 Posted June 23, 2010 Share Posted June 23, 2010 (edited) If the car was bought during the marriage you both have a 50% claim. As i have read all money made during the marriage will be split. So cars houses and stuff bought during the marriage will be split 50/50 and it does not matter on whose name it is. True, but I guess that the OP will have an uphill and expensive battle here. He says that he 'left' 2 years ago, so I assume he is still legally married, (if indeed he legally married in the first place). After this length of time, surely his wife could simply claim that he deserted her. And don't forget that the 50/50 split works both ways. If the OP has bought any other items since getting married, he would have to split these 50/50 with his wife upon divorce. We need a few more details from Chippy,such as was he legally married to his wife (ie - marriage at the Amphur). Is he still legally married to her? Are any other assets acquired after the marriage involved? Simon PS - I forgot to ask. Where is the car now? In her possession or yours? Edited June 23, 2010 by simon43 Link to comment Share on other sites More sharing options...
sarahsbloke Posted June 23, 2010 Share Posted June 23, 2010 (edited) It doesn't matter what name the car is in. If it was purchased after the marriage at the Amphur office, it is owned 50/50. If you didn't get married at the Amphur office, then it is 100 percent hers. Getting the money will be hard, just give it to her and say thanks for all the good times. Edited June 23, 2010 by sarahsbloke Link to comment Share on other sites More sharing options...
Mario2008 Posted June 23, 2010 Share Posted June 23, 2010 1 post giving illegal advice deleted. Link to comment Share on other sites More sharing options...
gregb Posted June 23, 2010 Share Posted June 23, 2010 OP doesn't say if he ever got divorced, just that he left 2 years ago. My comment is assuming he did not get legally divorced. If so, he needs to wait until they have been apart for 3 years and then file for divorce on basis of abandonment. At that time, all assets acquired during the marriage, such as the car, will be divided 50/50. Because it is a finance plan and he didn't pay cash, the car will be considered a marital asset and not an asset of either party. All money earned during the marriage along with all assets that money purchased will be split. Doesn't matter whose name the asset is in. On the other hand, the wife may be in for a shock that the OP could legally win the house if he can prove the money to build the house came from his savings that he had before the marriage. That would really piss the girl off, but there is substantial precedent for this. It is not impossible. I suggest engaging a lawyer, and telling her right now the OP will let her keep the house if she signs a divorce agreement today and gives up ownership of the car and any other assets the OP wants. Otherwise, he should fight the good fight and try and get the house and half of everything else. Separation is always ugly, but Thailand is actually much more reasonable about this than the West. Link to comment Share on other sites More sharing options...
twofortheroad Posted June 23, 2010 Share Posted June 23, 2010 I misread the title - 'Can strangled wife claim my car'. Worth thinking about . 1 Link to comment Share on other sites More sharing options...
SamuiHomemadeFood Posted June 23, 2010 Share Posted June 23, 2010 If it was my car I would drive it to one of the islands, take off the plates and sell it very cheap to a nice Thai policeman Link to comment Share on other sites More sharing options...
chippy1941 Posted June 23, 2010 Author Share Posted June 23, 2010 Thanks for the many varied replies, I was married legally in Bangkok Reg Office in 2004 & all purchases Car,house built & land purchase purchase came after so maybe the threat of court action for half will carry some weight? I have my bank book showing the large withdrawals to coincide with the purchases so that might help. Any e.mail address for Isan lawyers & I will send a copy to Sunbelt for information. I can sympthise with the Car Driller as I feel I will drive it into the Mekong & watch it go to Cambodia before I give it to her. Why do they claim to be Buddhist & live by thier beliefs, Ihave the car & my wife has no idea where I@am as I have moved 3 times since I left. Link to comment Share on other sites More sharing options...
Loz Posted June 23, 2010 Share Posted June 23, 2010 Go Far and GO Fast and then Go legal. If that fails you, go to the river... Link to comment Share on other sites More sharing options...
GuestHouse Posted June 23, 2010 Share Posted June 23, 2010 Just remember not to leave they keys in the ignition incase your ex (or anyone else for that matter) comes along and takes it without your knowing. Link to comment Share on other sites More sharing options...
SabaiBKK Posted June 23, 2010 Share Posted June 23, 2010 First thing : STOP USING THE CAR she could go to the police and say that you stole it .... then explain to her that all the land and house that you pay for can be seized by the state if it is proven that the money comes from you, so if she doesnt want to loose the land and house she'd better let you have the car or better yet sell it to you for 1000 symbolic baht. at the contrary of land, you CAN buy a car in your name in Thailand. Link to comment Share on other sites More sharing options...
rizla Posted June 23, 2010 Share Posted June 23, 2010 To the OP, i`m currently trying to get finance on a truck for me, but i`ve hit a dead end...until i spoke (to Isaan Lawyers), in my case not married ...but they can draw up a contract and AOU between me and my girl, where she acts as an agent for me to buy the truck, and me as gaurantor,,,, Anyway, as this was being discussed, the lady lawyer was very positive and stated that if you can prove you made the payments you stand a good chance of keeping the car, as they have had numerous cases like this...give them a call. they are in Korat, worth a chance.... Link to comment Share on other sites More sharing options...
PattayaParent Posted June 23, 2010 Share Posted June 23, 2010 Whose name is the insurance policy in? The insurance company would pay out to the named policy holder should anything happen to the car Link to comment Share on other sites More sharing options...
Thanyaburi Mac Posted June 23, 2010 Share Posted June 23, 2010 Chippy These folks reportedly speak good English and have a lot of good reviews on the Northeast Thailand/Issan sub forum of ThaiVisa.com Isaan Lawyers | Lawyer and attorney | Korat | Khon Kaen | Surin | Buriram | Udon | Ubon Mac Link to comment Share on other sites More sharing options...
wandrinstar Posted June 23, 2010 Share Posted June 23, 2010 I would say - and I am not a lawyer - that you have zero chance of claiming that car. I presume that you are using Toyota Finance? So whose name is the finance agreement in? Hers I assume. So she is buying the car, not you. (I am not criticizing you here - exactly the same thing happened to me!) Does she have the financial means to pay the installments without your help? If not, then you have some leverage power. If she can pay by herself, then I cannot see what you can do to either claim money back from her or claim a right to the car. Simon PS - in my case, after understanding that I had no claim on the car and no chance of monies to be refunded by my ex, I went out and drilled various holes all over the bodywork so that it looked like it had been raked by a machine gun. Still drivable, but looks terrible => big loss of face but that would be a chargeable offense as the car was not yours to drill. Thats easy one, he parked it in the wrong place and pissed someone off . OP, it's her car, your name is not involved but she will have to make the final payments. Sounds like she will inherit a cheap large mobile veg strainer. Link to comment Share on other sites More sharing options...
wandrinstar Posted June 23, 2010 Share Posted June 23, 2010 It doesn't matter what name the car is in. If it was purchased after the marriage at the Amphur office, it is owned 50/50. If you didn't get married at the Amphur office, then it is 100 percent hers. Getting the money will be hard, just give it to her and say thanks for all the good times. Criminall Damage,you could be Deported very easily Link to comment Share on other sites More sharing options...
wandrinstar Posted June 23, 2010 Share Posted June 23, 2010 It doesn't matter what name the car is in. If it was purchased after the marriage at the Amphur office, it is owned 50/50. If you didn't get married at the Amphur office, then it is 100 percent hers. Getting the money will be hard, just give it to her and say thanks for all the good times. Criminall Damage,you could be Deported very easily Link to comment Share on other sites More sharing options...
TAWP Posted June 23, 2010 Share Posted June 23, 2010 If OP stops paying for the car and it is in her name, surely that would give her some trouble...something he should let her know about. Link to comment Share on other sites More sharing options...
way2muchcoffee Posted June 23, 2010 Share Posted June 23, 2010 Just curious. What if I inherited a decent sum of money from my father while I'm married. Does that money get split at divorce as well? If not, what about purchases made with the money? Link to comment Share on other sites More sharing options...
simon43 Posted June 23, 2010 Share Posted June 23, 2010 but that would be a chargeable offense as the car was not yours to drill. Incorrect - the car was acquired after legal marriage and - as has been pointed out to me in this thread - on divorce, I was entitled to 50% of this asset. I simply decided to 'liquidate' my half of this asset. In all fairness, I very generously left her with much more than 50%, (minus a few holes) Simon Link to comment Share on other sites More sharing options...
elliss Posted June 23, 2010 Share Posted June 23, 2010 google, issan lawyers , they have brits working for them .. also there is a american lawyer, working for a law firm , in udon thani . Link to comment Share on other sites More sharing options...
PattayaParent Posted June 24, 2010 Share Posted June 24, 2010 Just curious. What if I inherited a decent sum of money from my father while I'm married. Does that money get split at divorce as well? If not, what about purchases made with the money? Yes Link to comment Share on other sites More sharing options...
.png.3b3332cc2256ad0edbc2fe9404feeef0.png)
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now