Wife'S Debts

[Bagwan]

I have a friend whose wife, unknown to him, has been sending fairly substantial amounts of money to her father who claims that it is needed for medicine, claiming that without such medication he cannot walk. My friends thinks it more likely that he cannot walk for much of the time because his fondness for the bottle. His view is that he thinks that treatment is free at State hospitals for Thai people since the 30 baht fiasco.

His concern is that he cannot afford to make voluntary contributions since exchange rates went south and his wife has gone behind his back to borrow money thus he becoming victim of the usual family No.1 scenario. He thinks that being legally married he is/will be responsible for repayment of debts. I don't know how I can advise him. Is there a process such as paying for advertisements in newspapers stating that he will not be held responsible for debts incurred by his wife or is the only solution divorce? It seems that his wife intends to continuing to support her father so the situation is unlikely to improve.

[PattayaParent]

A mate of mine found a miraculous cure for all the ills of the father in law.

He bought him medical insurance.

There was never another request for money or another days illness.

[metisdead]

An inflammatory post has been removed.

[Patronus]

Is he prepared to leave/divorce her for this. If not, put up and shut up.

[sbk]

Flame removed, if you don't have anything to offer than a political and inflammatory off topic post then I highly recommend that you don't post at all.

[EirikJohannesen]

No he is not responsible for her personal debts unless he has stood as guarantor. You can not take out a private loan of 5 million and then claim for divorce and claim the half from your partner. It is only common debt is valid in a divorce.

I think it's a good idea and distinguish themselves from this lady, go behind your back and lie to her husband NOT.

[Beetlejuice]

The husband is technically not responsible for his wife's debts if she has taken out the debts without the knowledge of her husband.

BUT, for example is she defaults on her payments and the creditors begin taking action against this woman in order to claw back monies owed, then they will consider any real estate and land in the wife's name, vehicles, cash, valuables, jewellery, even furniture as her assets and can retrieve these as payment to cover part or all that is owed.

This includes all assets and cash either solely in her name or in joint names with the husband, no matter who funded the property or assets from inception of the marriage up to the present.

Even after a divorce the above still pertains the same.

So unless the husband takes some action to protect himself from his wife’s reckless activities, then she is going to plonk him into some deep dos dos within the foreseeable future.

Edited May 27, 2011 by Beetlejuice

[PattayaParent]

^if the money was borrowed from a loan shark he could well find himself being the target for repayment resulting in having walking problems himself

[Mirth]

No he is not responsible for her personal debts unless he has stood as guarantor. You can not take out a private loan of 5 million and then claim for divorce and claim the half from your partner. It is only common debt is valid in a divorce.

I think it's a good idea and distinguish themselves from this lady, go behind your back and lie to her husband NOT.

This is Thailand, everyone related is responsible unless stated otherwise in black and white. Banks are more clear cut before issuing the loans, sharks don't give a hoot, they hound the debtor all the way to the work place if need to.

[Bagwan]

How anybody can flame a post asking for information and/or advice goes beyond my ken. I suggest that such persons get help themselves with their personality problems. I am grateful for the action of an alert mod.

It seems to me that the errant lady has yet to work out that either she stops handing out the family assets voluntarily or such cessation will be imposed on her and she will also be short of a supportive husband who has always been committed to her. A case of when you are in a hole, stop digging?

My friend is now of the mind that the marriage is beyond repair since there had been a major, and in his mind, a permanent rupture of trust. He is selling up and leaving for Bali - or did I mishear and he actually said Barnsley?.

[slapout]

I was advised a long time ago, " when either part of a marriage/partnership, etc, gets to the point that one side wants material things, than the other is willing to give, get out of the relationship".

[EirikJohannesen]

No he is not responsible for her personal debts unless he has stood as guarantor. You can not take out a private loan of 5 million and then claim for divorce and claim the half from your partner. It is only common debt is valid in a divorce.

I think it's a good idea and distinguish themselves from this lady, go behind your back and lie to her husband NOT.

This is Thailand, everyone related is responsible unless stated otherwise in black and white. Banks are more clear cut before issuing the loans, sharks don't give a hoot, they hound the debtor all the way to the work place if need to.

When I was in court with my ex-wife 5 years ago, only loans to the bank that both had signed the contract was valid, she had borrowed money on deposit gold in a shop and it was not valid in court. She had borrowed money on a motorcycle after losing in gambling. The court sentenced her to sell the house and site and share 50/50 with me, pay me 50/50 of gold she had borrowed money. Money she had borrowed on the motorcycle was seen as her private debt. The court sentenced her to 1000 Bath fine for borrow money on gold without my consent. Costs were shared.

If a loan shark comes after you is a criminal act.

Even in Thailand, the legal system work sometimes, get a good lawyer.

[Thongkorn]

I was advised a long time ago, " when either part of a marriage/partnership, etc, gets to the point that one side wants material things, than the other is willing to give, get out of the relationship".

I agree totally , My wife likes material things, and likes to send money to her mother , Now and again ,I have no problem with this as she works hard and its her Money.

Edited May 28, 2011 by Thongkorn