Getting Divorced Will I Lose My House

[fabman5]

hi guys , i could really use some good advice !

i have recently broke up with my wife , she has gone back to issan

although we were together for 8 years we have only been married since january , but circumstances have unfortunately meant there is not the same love between us anymore . so she has gone back to her family ,

we are still on fairly good terms , although there is still a lot of heartache after being happy previuosly and together so long ..

i dont think we are going to be able to patch things up

i wont bore u with the details but she is now saying that her family are putting a lot of pressure on her to take half of my house or more etc ( i already gave them 250 thousand baht for an internet shop investment in the past which i didnt recieve a penny back and 100 thousand baht for some land which was supposed to increase in value but never did in the past )

at the moment the situation is this

: the land was put in her name

: the house in my name

: i then took out a 30 year lease on the land ( about 27 years remaining ) registered at the land office

: this was all done before we were married

: can i still legally live in my house ?

:will i be in a worst position if / when we get divorced ?

she has said that she wants to take her name off the paperwork to help me ( i think she feels guilty as she has had so much money off me in the past ) but i dont have anyone else i can trust and put the name in , would i be better putting it in a thai company name etc ?

i would like to get things sorted out where i stand, before she starts to possibly change her mind.....

i am very gratefull for any help

[Mario2008]

It is still legally your house as the contract was made before the marriage and you owned the house before the marriage. Under Thai law you only split wat was acquired DURING the marriage.

The land is however hers, and I suspect she is talking about the land as you claim the house is in your name and not hers. You can not own land.

[TommoPhysicist]

You have a lease, you can live there.

Register a will at the local Amphur office.

Make sure the family know the lease is bequeathed to someone outside the family.

So there is no benefit to them by killing you.

You could transfer the land to another Thai, but would still have the same problems.

(PS. My wife would be happy to accept the land in her name, she is completely trustworthy)

Edited June 28, 2012 by TommoPhysicist

[crazykopite]

You have a lease, you can live there.

Register a will at the local Amphur office.

Make sure the family know the lease is bequeathed to someone outside the family.

So there is no benefit to them by killing you.

Very true and good advice !!! Do not delay do it today !!!!

[crazykopite]

The land will return to her in 27 years time unless she is prepared to let you have it at a price you would then have to set up a thai ltd company which means putting accounts in every year.

If the house cost millions to build and is a good quality build then it might be worth it as should you sell it maybe diificult to get a good price for it with only 27 years left on the lease. Thai law states that a private property/land can be leased 30 + 30 years did you not do that.

Make sure the house is well insured just in case a fire breaks out and change all the locks good luck hope things work out for you !!!

[fabman5]

thanks guys , i think i already made a will when we did the 30 year lease thommo , i put my parents name on the paper should anything happen to me ... my wife knows this

she seems ok at the moment its more her family making problems ( same old same old )

mario , she cant force me off the land though can she ? and can i stop her coming on to the property /land

yes i got the 30+30 crazykopite although reading some older posts on here some people think its not worth the paper its written on ...

the house and land are probably worth about 4 million baht

i was worried that as we got married maybe the lease agreement had became invalid ?

cheers

Edited June 28, 2012 by fabman5

[Mario2008]

You are protected by contract, she can go to her property if there is a reasonable need to. But the house itself is not her property, only the land.

I don't think that a marriage invalidates a contract, but that is best check with a lawyer.

[meatboy]

You have a lease, you can live there.

Register a will at the local Amphur office.

Make sure the family know the lease is bequeathed to someone outside the family.

So there is no benefit to them by killing you.

You could transfer the land to another Thai, but would still have the same problems.

(PS. My wife would be happy to accept the land in her name, she is completely trustworthy)

mine toooooooooooooooo

[meatboy]

another case of family interferance dont care a f-ck about the daughter as long as they are all right,i must be one of the lucky ones all my wifes family have never repeat never asked for a bht in 25years,no sinsod,no leaking roof,no sick buffalo,dad never fell down the stairs.some of these so called parents dont care as long as they have a gold chain and a bottle of leo.if you want my advice and the money is not too important sell up and move far away otherwise your life could become unbearable.

[marstons]

Unbeleivble your trying to sort this complex issue out via a froum. go and see a solicitor for flips sake, thats what they do. They will probably write to her and explain what she cant do. Feels sorry for you!!!!! dont think so, th ewords are coming from her mouth, she does not have to repeat what the family want, she could fight your corner with them if she really felt sorry for you. As for the divorce would check how it efffects what visa your on, pesrsonally i would tell her to stick the divorce where the sun dont shine, stops you re-marrying and her for a while.

Edited June 29, 2012 by marstons

[fabman5]

yes the family are very greedy it seems , the trouble is when u speak little thai u really dont know what is going on ....

the family are probably the main cause of why we have had so many problems in the past ( loads of money dissappearing ) and the wife dosent want me to think them bad .

love is blind ! ( that is certainly true ) when u wake up it becomes a nightmare

she says she wants to go and work in bangkok now and get away from them herself as they are poisoning her mind and making her even more deppressed , they now want her to find another farang ...which she dosent want , they are looking after her son so thats a good excuse to ask her to get more money than need be !

i wish i could just walk away but i am certainly not rich and need my house ..

i am still only 47 so i would like to stay here on the "o" visa at least untill i can get a retirement visa at 50, so maybe i should put off the divorce untill then ..

i will have to go and get some legal advice then so it seems !

cheers

[TommoPhysicist]

Stay in the house!

Sign up for an education Visa BEFORE she reports the marriage as over (like NOW if on marriage extension, wait if on non-O).

Stick with the ed visa for the next 3 years .... learning the language will do you good and give you something to do.

Then at age 50, retirement extension.

[meatboy]

beware of lawyers bareing gifts it can cost you big time,someone on tv can recomend a good one.

[fabman5]

i think i might be best to put off the divorce untill i can get a retirement visa , yes i have heard lawyers can cost quite a bit ...i dont want to go down that road if it can be helped

cheers

[irlguy1]

Dont quote me on this but I believe I read somewhere that once you divorce you have one year to sell the house and split the proceeds or the court can take it from you.

[meatboy]

i think i might be best to put off the divorce untill i can get a retirement visa , yes i have heard lawyers can cost quite a bit ...i dont want to go down that road if it can be helped

cheers

divorce can cost you nothing if you both go along to the district ampher just take your marriage certificate,she might want some exspenses.

[Dap]

You have a lease, you can live there.

Register a will at the local Amphur office.

Make sure the family know the lease is bequeathed to someone outside the family.

So there is no benefit to them by killing you.

You could transfer the land to another Thai, but would still have the same problems.

(PS. My wife would be happy to accept the land in her name, she is completely trustworthy)

Tommo, I just read on another thread that you would never trust your wife or kids. Have you recently had an epiphany that changed your mind

[Will27]

You have a lease, you can live there.

Register a will at the local Amphur office.

Make sure the family know the lease is bequeathed to someone outside the family.

So there is no benefit to them by killing you.

You could transfer the land to another Thai, but would still have the same problems.

(PS. My wife would be happy to accept the land in her name, she is completely trustworthy)

Tommo, I just read on another thread that you would never trust your wife or kids. Have you recently had an epiphany that changed your mind

Me thinks you need to see a joke when you read it

[deadman]

there are many options to get a non immB visa, so don't stay in the marriage just because you wanna keep living here.

Thats scary, seems you were happy for many years but got married and it all went pear shaped. Must be a lesson there methinks.

cheers

dm

[sirchai]

You are protected by contract, she can go to her property if there is a reasonable need to. But the house itself is not her property, only the land.

I don't think that a marriage invalidates a contract, but that is best check with a lawyer.

It's her land and she can go on her property. Isn't the house on her property as well?It's like a foreigner who can't go into his house, because he doesn't own the land the house is on.....

Edited July 11, 2012 by sirchai

[Mario2008]

he has a contract to use the land to build a house on it and live there.

If you rent a house, the landlord also cannot just come into your house without a valid reason, while it is his property.

[sirchai]

he has a contract to use the land to build a house on it and live there.

If you rent a house, the landlord also cannot just come into your house without a valid reason, while it is his property.

Thanks, I understand that part. But do some upset locals will respect it?...........