House/Land & Divorce

[happyclown]

Well it is my turn to be the Farang idiot .... I know the ear bashing that is going to come, but lets save bandwidth .........

The house and land in question is in her name bought 1 year ago for 6 million baht.

She has done a runner, up to her, I can not stop her.

I believe we could get 5mill pretty easily, and 99% sure we could get 4mill in a fire sale.

I said ok, we do divorce, we sell everything and split it. Basically, house and car.

She said fine, but she is going to sell the house for 2 mill in a week and pay off a 2 mill mystery debt before the divorce.

Can I stop the house being sold like that?

Argh, finally peace .....

[ThailandInvestmentGuide]

Yes, I believe so, but you need to organise a lawyer quickly.

See http://www.thaivisa....13#entry5229413 and send a pm to member 'surin' who had some positive experience in this regard

Edited May 1, 2012 by ThailandInvestmentGuide

[soi41]

If you are legally married and the house is bought during marrige,,she should not be able to sell it without you cosigning. Have a lawyer take contact with the landoffice to put a "red alert" on the chanote. Still if legally married, fight for your rights. With the purchase of the house only one year back the moneytrail is still fresh, so a good (expensive) lawyer should be able to get you much more than 50%, no matter what paper you signed in the landoffice (as the waiver of your rights, in general is not accepted by the courts). If the court finds in your favour, you will normally be given a year to transfer the chanote to a Thai name. Please someone show "them", that we are not all pushovers.

[happyclown]

Thanks, I have to start getting legal advice fast, before she turns nasty. I mean more nasty !

I know she want a non-contested divorce and have a contract that I get half of the house when she sells it. Sure it may be a legal document, but I am sure it would be a ugly legal battle, and she would spend it all anyway.

I presume, to buy a bit of time, no divorce till house sold correct?

Why can't I get "Red Alert" on the chanot my self with a Thai help?

Is there a Thai name for the red alert?

[happyclown]

Og Gezz,

I am looking for a local lawyer who can speak English, I am out in the sticks by my self. I still have a scooter. She has the car ,and the joint account has been cleaned out this morning..... Still looking for a local law firm. Nothing like feeling vulnerable ......

On this following link it appears they are saying that as a foreigner can not own land in Thailand, the land/home is personal property of the wife and not common property and not subject to 50% / 50% share.

http://www.samuiforsale.com/family-law/division-divorce-marital-home.html

She has SMS me saying she will come and pick me up on Friday (today wed), take me to the Amphur for a divorce and with a contract to divide the proceeds of the house up half when she sells it.

I am planning to say no divorce till the house is sold and I agree on the price accepted.

Does anyone have more information on this Red Alert mentioned above please? Does it need to be a court order? Will it be a problem when we go and actually sell it?

Thanks so much folks, any help is great.

[crille30]

were do you live?in Phuket i can give you a good one that my friend just used

[SlyAnimal]

I don't know much about legal stuff here, just what my lawyer in NZ told me (which was admittedly during discussion of a pre-nup and how assets in Thailand not covered by the agreement would be covered).

Anywho, he said that even if I had no legal claim on the house itself, that if you could show the money being transferred into her account, that could be considered a loan rather than a gift. Try raising that with your Thai lawyer and maybe see if your papertrail from the 'loan' would support it

[Delight]

I apologize to the O.P for using his post to ask my question- it is however somewhat related

Q.In the circumstances when a house and land are purchased during a marriage and the house and land are in the wife's name . Can she then just sell it without the husbands consent. I presume that the answer is yes.

Given that why should a wife wait for a divorce only to get 50%?

In other words she does not want a divorce-she just wants to sell her house

Edited May 10, 2012 by Delight