maichai40 Posted December 13, 2012 Share Posted December 13, 2012 Hi, maybe some expert can help me with this. Me and my wife (she is Thai and we live in Thailand) are no longer living together. We have 1 child. We don't want to file for divorce, because of economical issues a bit long to explain. So the question is: we are building a house (almost finished) for which i paid entirely, including the land it sits in. I also took care of the construction for one year. Is it possible to make a legal agreement (with a lawyer) stating that when the house will be sold (ASAP) she will get 25% of the sum for her (really is for the baby)? She says that she would agree with that (there are also other possessions like a car etc. that i'll leave for her). Can do that? Thanks Link to comment Share on other sites More sharing options...
Mario2008 Posted December 14, 2012 Share Posted December 14, 2012 As part of a divorce agreement you could do it. Although regarding child support things are a bit more complicated, as it are the rights of the child and not that of your wife or you. You cannot sign away the rights of the child. If you want to do it without actually divorcing, it would be more problematic as an agreement between a husband and wife is difficult to enforce. Best to contact a good lawyer, especially if property is involved. Link to comment Share on other sites More sharing options...
northernboy Posted December 16, 2012 Share Posted December 16, 2012 Any agreement you make while married between you and your wife is not legally binding and can be voided by her afterwards. If she wants she can always sell the house and land and give you the money or not at the time. The questions seems do you trust her to do as agreed if so, no written agreement is needed, if you don't trust her an written agreement would do no good anyhow. You can get title of the building if you want but that most likely will muddy the legal side in the mind of the purchaser and scare them away. You knew the land was hers legally when you bought the land in her name. So now you hope to see a return of funds. You built on her land without an agreement is like giving her the the building. So be as nice as possible and she may be kind. Remember you promised to marry her and live as a couple forever but thing do not always work out as we promise or want for either party. Wish you all the best. Link to comment Share on other sites More sharing options...
Mario2008 Posted December 16, 2012 Share Posted December 16, 2012 The general rule is still that one splits all that is gained during the marriage, which would include the land and house. So he will be entitleed to half of the value. Another possibility is to put it as part of the agreement in the childs name, then it can not be sold without permission from the court (who check if the child will benefit from the sale and will not be easy to pursuede). Link to comment Share on other sites More sharing options...
maichai40 Posted December 18, 2012 Author Share Posted December 18, 2012 The general rule is still that one splits all that is gained during the marriage, which would include the land and house. So he will be entitleed to half of the value. Another possibility is to put it as part of the agreement in the childs name, then it can not be sold without permission from the court (who check if the child will benefit from the sale and will not be easy to pursuede). Thank you Mario for your answers, i sent a message to your sponsor law office but still no reply. Anyway i am not talking about marriage and divorce, but an agreement between me and my wife "when" the house will be sold. Carlo Link to comment Share on other sites More sharing options...
TommoPhysicist Posted December 18, 2012 Share Posted December 18, 2012 Anyway i am not talking about marriage and divorce, but an agreement between me and my wife "when" the house will be sold. Carlo A husband and wife can not make any legally binding agreements under Thai law. She knows this and can sign any piece of paper you give her with no obligation to fulfill. Link to comment Share on other sites More sharing options...
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