Home In Your Ladies Name.

[Wanraya]

I'm not directly affected by this but am trying to help out somebody who is.

Very common scenario i suspect, European and a Thai set up a home together don't marry,the European pays for the home but it is registered in the Thai's name.

They split up the lady finds a new partner and the European now wants the home he has paid for to be transferred into his name.

My gut reaction is that nothing can be done. Ho0wever I have been asked to dreft a letter to the new couple requesting transfer of ownership otherwise the European will resort to legal action.

I feel it is a futile exercise but I'm just being paid a few hundered baht to draft the letter and am happy to do this for the guy if that's what he wants.

Is there anything that can be done in this case?

[Crossy]

Are we talking house on land or a condo??

If it's a house / land I doubt anything can be done as foreigners cannot own land. If a condo why did he put it in her name?

As stated many times before "never invest more in Thailand than you can afford to walk away from"

Edited August 23, 2005 by Crossy

[p_brownstone]

As you probably know a foreigner cannot own Land in Thailand, although in theory he could own the house - but not the land it sits on.

Unless there was some signed agreement between the original Partners that the money was intended as a simple Loan - NOT for the purpose of buying the land and the house, because in that case he would already have had to sign a document relinquishing any interest in the property - then I am pretty sure there is nothing your friend can do legally.

His one hope may be that his former partner is generous enough to appreciate his contribution to the purchase of the property and offer some compensation, however she would be under no legal obligation to do so.

My only other advice would be to talk to a Thai lawyer - BEFORE you draft any letter for him.

Patrick

Edited August 23, 2005 by p_brownstone

[Roobar]

Very common scenario i suspect, European and a Thai set up a home together don't marry,the European pays for the home but it is registered in the Thai's name.

tell the european forget about what he had, he gave it away to her already.

[Patong Bob]

Get the contract of sale, and have it checked. If the original lawyer who handled the purchase was any good, there may be a clause in it whereby she has signed an undated agreement so it reverts to him. This is quite common. Check thaat first, but reallly I think he is out of luck.

No consolation, but he wasn't the first, and won't be the last......

[pnustedt]

They split up the lady finds a new partner and the European now wants the home he has paid for to be transferred into his name.

As stated before, the European cannot have the land be transferred into his name.

However, if he and the girl were not married at the time of the purchase of the land/home he would not have had to sign that he had no interest in the land, and if the land was purchased with his money then he could claim an interest in the house, though perhaps not the land in his name.

I agree, tell him to get a lawyer.

[lopburi3]

They split up the lady finds a new partner and the European now wants the home he has paid for to be transferred into his name.

As stated before, the European cannot have the land be transferred into his name.

However, if he and the girl were not married at the time of the purchase of the land/home he would not have had to sign that he had no interest in the land, and if the land was purchased with his money then he could claim an interest in the house, though perhaps not the land in his name.

I agree, tell him to get a lawyer.

<{POST_SNAPBACK}>

Probably not unless he also states his reasons were to avoid the foreign ownership laws of Thailand - in which case any return may have to be used to buy food in the lockup.

A gift is a gift AFAIK.

[pnustedt]

A gift is a gift AFAIK.

Unless it is a loan

[IMA_FARANG]

I'm not directly affected by this but am trying to help out somebody who is.

Very common scenario i suspect, European and a Thai set up a home together don't marry,the European pays for the home but it is registered in the Thai's name.

They split up the lady finds a new partner and the European now wants the home he has paid for to be transferred into his name.

My gut reaction is that nothing can be done. Ho0wever I have been asked to dreft a letter to the new couple requesting transfer of ownership otherwise the European will resort to legal action.

I feel it is a futile exercise but I'm just being paid a few hundered baht to draft the letter and am happy to do this for the guy if that's what he wants.

Is there anything that can be done in this case?

<{POST_SNAPBACK}>

Best to ask a Thai lawyer about that.

About 30 years ago I had an American friend who had been in Thailand for many years. He had a Thai girlfiend. My friend went back to the states for a few months, and left the TG living in an apartment in BKK. It was in her name. My friend got back and found his TG had moved and sublet the apartment. She was taking rent from the new renter. My friend wanted the apartment back, since he had paid the rent anyway for his TG. She said no, aprtment was in her name, she wasn't giving it back.

My friend then decided to go on a business trip up north to Chiang Mai. A funny thing happened, while he was in Chiang Mai, his TG accidentally got run down by a motorcycle, diver was wearing a helmet and fled the scene without being identified.

My friend saw her in the hospital while she was recovering. She seemed quite reasonable about giving him the apartment back. Guess she thought the apartment was "bad luck" after her "accident".

[steveromagnino]

"Guess she thought the apartment was "bad luck" after her "accident"."

If i read this right, you are implying to organise a hit on someone?! Seriously, do you know some of the people around here and who they are connected to?! Hopefully I am reading this wrong

Legally, he has most likely given up interest, since he cannot take an interest in the land as a foreigner. He may have been wise enough to arrange a contract with an interest in the house, but then again why not just ask nicely and try to resolve it LIKE A HUMAN, rather than one of the Sopranos..

[loong]

As I understand it, as they were not married, he would possibly have a claim for re-imbursement.

I have been told that a farang has managed to get his money back in a similar situation. This was a friend of a friend, so I cannot vouch for it personally.

If he can prove that the money came from him., ie bank transfer etc, then he may have a chance.

As advised b4 , he should talk to a lawyer.

He should also check that the land has a Chanot. If it was bought without proper registration, as many are, then he will be pi88ing in the wind.

[Dragonman]

As I understand it, as they were not married, he would possibly have a claim for re-imbursement.

I have been told that a farang has managed to get his money back in a similar situation. This was a friend of a friend, so I cannot vouch for it personally.

If he can prove that the money came from him., ie bank transfer etc, then he may have a chance.

As advised b4 , he should talk to a lawyer.

He should also check that the land has a Chanot. If it was bought without proper registration, as many are, then he will be pi88ing in the wind.

<{POST_SNAPBACK}>

Presumably they are not married. If this is the case he would have to convince the judge he was issuing a loan under verbal agreement. The property is not his, whatsoever! As in law elsewhere in the world this is difficult, in Thailand I would say virtually impossible. However I'm sure some lawyer will tell you "no problem". and then say "ah well we didn't quite win that one".

[Lord Toad]

Most replies seem to suggest the Farang does not have a chance but recently I have had 2 friends have rows with Thai wives/girlfriends and the advise to both was not so simple. If he can prove that it is his money and she has put very little or nothing into the property then he has a strong case to either get his money or the house back. Do not write it off go and see a decent lawyer.

[Sumitr Man]

Presumably they are not married. If this is the case he would have to convince the judge he was issuing a loan under verbal agreement. The property is not his, whatsoever! As in law elsewhere in the world this is difficult, in Thailand I would say virtually impossible. However I'm sure some lawyer will tell you "no problem".  and then say "ah well we didn't quite win that one".

Dragonman:

Unfortunately, unlike English law (where I believe you may have a case in equity), under Thai law the bold part above would not work.

Section 653 of the Civil and Commercial Code

A loan of money for a sum exceeding fifty (50) baht in capital is not enforceable by action unless there be some written evidence of the loan signed by the borrower.

Therefore, unless the sum is 50B or less, a verbal loan is not enforceable by action.

SM

[monty]

With a good and knowledgeble lawyer it should be possible to recuperate part of the money involved.

Forget about the whole house though, be prepared to have lots of patience(like years), advance lots of lawyer's fees (without guarantees of course) and take care to hold onto any bit of paper that might be deemed usefull in the case e.g. bank transfer's etc...).

Direct friend of mine was involved in exactly the same situation, and he recuparated aboult half the price of the house.

It seems judges are getting a little bit intolerable towards ladies from the lower classes without much education suddenly aquiring vast amounts (to Thai standards) of wealth.

It might be a bit stereotyping the girls a lot of Farangs end up with, but in this case it's important, since if the girl is quite succesfull of her own, and would have been able to afford the house herself anyway (or with the help of well-off family members), you wouldn't stand a chance!

Good luck

[Heng]

"Guess she thought the apartment was "bad luck" after her "accident"."

If i read this right, you are implying to organise a hit on someone?!  Seriously, do you know some of the people around here and who they are connected to?!  Hopefully I am reading this wrong  

Legally, he has most likely given up interest, since he cannot take an interest in the land as a foreigner.  He may have been wise enough to arrange a contract with an interest in the house, but then again why not just ask nicely and try to resolve it LIKE A HUMAN, rather than one of the Sopranos..

"You’re one in a million

You’ve got to burn to shine,

But you were born under a bad sign,

With a blue moon in your eyes."

[Dragonman]

Presumably they are not married. If this is the case he would have to convince the judge he was issuing a loan under verbal agreement. The property is not his, whatsoever! As in law elsewhere in the world this is difficult, in Thailand I would say virtually impossible. However I'm sure some lawyer will tell you "no problem".  and then say "ah well we didn't quite win that one".

Dragonman:

Unfortunately, unlike English law (where I believe you may have a case in equity), under Thai law the bold part above would not work.

Section 653 of the Civil and Commercial Code

A loan of money for a sum exceeding fifty (50) baht in capital is not enforceable by action unless there be some written evidence of the loan signed by the borrower.

Therefore, unless the sum is 50B or less, a verbal loan is not enforceable by action.

SM

<{POST_SNAPBACK}>

Without equity I simply do not understand how in law any money is recoverable as per monty's scenario re. his friend. Unless the judge was a friend of his lawyer Just because the wife came from a poor background means the law is different ?

[Sir Burr]

"A verbal agreement isn't worth the paper it's written on".