Who'S House Is It?

[DingleDooodle]

A friend of mine has asked me for advice. This is the info I have at the moment.

British guy marries Thai lady 6 years ago. Legally married in Thailand only.

They live together in UK for 5-6 years.

He finds new girlfriend. They argue and he says that she can keep their house in Thailand.

They seperated about a year ago. She returned back to Thailand.

Now he wants to sell their house and split proceeds, but she wants to keep it.

So, can he do anything to get her to sell the house? Can she legally claim it for herself?

[trogers]

I do not understand the terms "Legally married in Thailand only".

Even if you had registered a marriage in Timbuktu, you are deemed married by the whole world. There is no 'only' that I know of...

Edited July 4, 2010 by trogers

[gotlost]

I do not understand the terms "Legally married in Thailand only".

Even if you had registered a marriage in Timbuktu, you are deemed married by the whole world. There is no 'only' that I know of...

And if its house AND land farang can not own land. Title is in her name. Unless he comes back to Thailand the odds are slim to none for him and I'll take the none.

[JohnC]

Whose name is the house in? what other joint assets are there? As I understand Thai law, any asset acquired after marriage is deemed to be owned by both partners so under the law he owns 50% and she owns 50% so she can either buy his share or she has to sell and they split the proceeds. Unless his offer to give her the house was made in writing then he can just deny ever having said it and force her to sell, in any case he needs a good thai lawyer to act on his behalf.

[trogers]

He has to file for a divorce in Thailand, and make a claim for his share of common property acquired during the marriage, if any.

He cannot register a new marriage in any part of the world until the Thai court grants his divorce, or else, he is committing bigamy.

[alexanderthai]

Go to the court and prove that this house is belong to them after getting married and they have already divorced. Otherwise, the house is belong to Thai citizen only.

[InterestedObserver]

For all practical purposes the property belongs to the wife until a Thai divorce court says otherwise. Your friend cannot sell the house without the wife's permission, which will not be forthcoming. Unless the house is registered in your friends name, I"m afraid he is out of luck.

[Benjie]

Am I missing something? he found a new girlfriend and gave her the house, its her house.

He could I guess (unfairly) go scrabbling about trying to claim 1/2 of the Thai house but then she's likely to do the same in the UK.

[bifftastic]

so, your 'mate' marries a Thai woman, takes her to the UK for 5 years, finds a new girlfriend, she goes back to Thailand and now he wants half her house? Nice fella. Sounds like my ex girlfriend, apart from the Thailand connection. Really, no sympathy from me. Doesn't marriage mean anything to anyone any more?

[InterestedObserver]

Am I missing something? he found a new girlfriend and gave her the house, its her house.

He could I guess (unfairly) go scrabbling about trying to claim 1/2 of the Thai house but then she's likely to do the same in the UK.

I can only find one house mentioned, it's in Thailand and by default belongs to the legal Thai wife. I admit the post is a little vague.

Edited July 4, 2010 by InterestedObserver

[lovelomsak]

If you have already divorced her you are out of luck sorry you get nothing. But if you havenot divorced yet get a lawyer apply for divorce and show that the house was purchased after the marriage, the amphur will then state in the divorce that half the house is yours. Then you will have other problems like getting it sold and collecting. If you arenot divorced yet do these steps first divorce and get the 50/50 division declaration. then get back to us. One thing at a time

[slapout]

Now correct me if I misunderstand, your friend asks you for advice on what he should do, you ask for advice on Tv as to what options/action your friend has? Let me check with my wife on this topic and I will pm you, her advice,. Will that be straight enough from the horses mouth for wherever this advice will ultimately confuse?

[InterestedObserver]

But if you havenot divorced yet get a lawyer apply for divorce and show that the house was purchased after the marriage, the amphur will then state in the divorce that half the house is yours.

The Amphur cannot state in the divorce settlement that the house is split 50/50 unless both parties agree. The wife obviously does not, so it's off to divorce court. Amphurs do not have authority to adjudicate divorces.

[johnnyk]

Meanwhile the extended family have moved in. So now the guy has to get on a plane and come over to try and evict a whole bunch of Thai people, some of whom may be very fit rice farmers.

He might end up paying a hefty airfare to get his head kicked in.

Cynical yes, but it has happened. Expensive new girl friend!

[moe666]

Is the new girlfriend Thai or farange.

[PattayaParent]

Whose name is the house in? what other joint assets are there? As I understand Thai law, any asset acquired after marriage is deemed to be owned by both partners so under the law he owns 50% and she owns 50% so she can either buy his share or she has to sell and they split the proceeds. Unless his offer to give her the house was made in writing then he can just deny ever having said it and force her to sell, in any case he needs a good thai lawyer to act on his behalf.

Did he sign a paper at the land office when they bought the house saying that it's purchased with the wife's funds and he has no legal interest in the house?

[InterestedObserver]

Is the new girlfriend Thai or farange.

What difference does it make to ownership of the Thai house?

[DingleDooodle]

Thanks for all the help guys. I've passed on the info to the Thai lady involved.

Sorry to have been a little vague but I couldn't give more details in case her husband checks this site.

Cheers.

[ESB7]

Didnt he say she 'could keep the house' when they argued and split....?

[InterestedObserver]

Changed his mind, he now needs the money to support his new girlfriend.

[PattayaParent]

^suggest he finds a new girlfriend that's not so high maintenance.

Or better yet, find one that can support him!