Thai Divorce Courts

[happyjune]

I read about how Thai Divorce Courts divide things 50/50 for stuff purchased after a marriage.

What about land? Do they make the wife sell it and divide the money 50/50 ?

[robblok]

I have heard in some cases it has been done like this. So there are ways for the guy to get money back after a bad marriage. Hard but not impossible.

[Mario2008]

This question is specifically land related, so I move it to the Real estate forum.

But yes, from reports it also goes for land that it must be split. I don't think it needs to be sold, as long as you recieve haf of the estimated value. Selling it and splitting the proceeds might only be one option.

[happyjune]

Well at least I have that on my side. There was a "suggestion" the letter in the lands office that an Allien ( Not a person from Planet Thailand ) signs excludes the land and house from a divorce settlement.

The dam_n Mother IN Law is the Allien though, total nightmare.

[stgrhe]

Well at least I have that on my side. There was a "suggestion" the letter in the lands office that an Allien ( Not a person from Planet Thailand ) signs excludes the land and house from a divorce settlement.

The dam_n Mother IN Law is the Allien though, total nightmare.

I am of the opinion that the law takes precedence over the land office document as the law says (Section 1470 of Civil & Commercial Code Law): " Properties of husband and wife except in so far as they are set aside as Sin Suan Tua, are Sin Somros."

Furthermore (Section 1471 of Civil & Commercial Code Law),

"Sin Suan Tua consists of: (1) property belonging to either spouse before marriage

(2) property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse

(3) property acquired by either spouse during marriage through a will or gift

(4) Khongman."

This provided the land office document was signed while the couple were married. Also, one cannot negotiate exceptions from a law unless the particular law permits such exceptions, and in this typical case the only exception is a pre-nuptial agreement signed in accordance with Thai law.

[thaiwanderer]

Well at least I have that on my side. There was a "suggestion" the letter in the lands office that an Allien ( Not a person from Planet Thailand ) signs excludes the land and house from a divorce settlement.

The dam_n Mother IN Law is the Allien though, total nightmare.

I am of the opinion that the law takes precedence over the land office document as the law says (Section 1470 of Civil & Commercial Code Law): " Properties of husband and wife except in so far as they are set aside as Sin Suan Tua, are Sin Somros."

Furthermore (Section 1471 of Civil & Commercial Code Law),

"Sin Suan Tua consists of: (1) property belonging to either spouse before marriage

(2) property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse

(3) property acquired by either spouse during marriage through a will or gift

(4) Khongman."

This provided the land office document was signed while the couple were married. Also, one cannot negotiate exceptions from a law unless the particular law permits such exceptions, and in this typical case the only exception is a pre-nuptial agreement signed in accordance with Thai law.

But isn't the whole point of the document that its a joint declaration that the land is Sin Suan Tua of the wife?

While the land wasn't owned by the wife before the marriage section 1472 CCC allows for Sin Suan Tua to have been converted / other property to have been purchased with it and for that to remain her Sin Suan Tua.

It is of course a 'best fix' by the Land Office since they don't require proof of it really being Sin Suan Tua.

However that doesn't take away from the fact that the husband will have declared it Sin Suan Tua and even in the event of a divorce showing a paper trail of the purchase funds from him isn't that at most a gift (given the declaraion)?

I also note its a declaration rather than a post-nuptial agreement / contract and therefore not voidable in the usual way.

IMHO it doesn't offend section 1471 CCC.

[katabeachbum]

In case of divorce, most courts seem to require wife to give husband 50% of agreed value, or sale within 180-360 days to split 50/50. If not succeded in one year, sold at auction and split 50/50.

The signed document in Land office supporting wifes sole ownership, seem to only come into affect if husband dies, and thus protects wife to keep property away from his children.

[donx]

In case of divorce, most courts seem to require wife to give husband 50% of agreed value, or sale within 180-360 days to split 50/50. If not succeded in one year, sold at auction and split 50/50.

The signed document in Land office supporting wifes sole ownership, seem to only come into affect if husband dies, and thus protects wife to keep property away from his children.

This is an interesting view and one that I never considered before. I have read about many men that have signed this document. I was not asked to sign it since my wife's ID indicates that she is not married. I'm curious if any foreign women married to Thai men have ever been asked to sign this document. The reason you give for having this document would also provide protection for Thai males as well wouldn't it? But I doubt they ever are asked to have their foreign wives sign this document. I look forward to hearing from farang women with Thai spouses about this situation.