Divorce: Half of house sale.

[stefan2519]

Hello all,

I've done a search and nothing related to my case has come up.

I will make a long story short.



I've been married, and still am for the last 14 years.
I bought a house after being married for 4 years, and we lived together for 8 years in the house, no children.
The house was initially bought for 2.5 million Baht, the money came from the sale of my house in the UK.


I have recently started divorce proceedings, after being separated for 2 years, but still in contact with her throughout the separating.
I employed a lawyer to handle my case, and was initially informed that I would receive half of the house sale.
The lawyer has been dealing with my case for the last 6 months.

I got a phone call from my lawyer last week, informing me that I had signed a piece of paper at the Land Registry Office stating that the money was her's for the purchase of the house.
I have recently seen this doc, and it states property of in English, that is the only indication of ownership, and when I signed it I really didn't think that was what it was for.

The lawyer has now told me that if I go ahead and try to get half of the house, I will lose and be forced to pay all court costs, around 100k.



Has anyone been through this?
Is there anyone who could point me in the right direction for help, or am I S@@##ed


Thanks, in advance for any replies.

[Jasun]

There's a rule that says your pre-marriage assets (cash) are still yours even if they are converted into other assets after you wed. But it will be very hard to prove that those exact dollars and cents were yours, as you signed a piece of paper to say contrary.

I think you're entitled to half of any capital appreciation on the house.

[Paul888]

Sounds as though you bought the house in your wife's name and like everybody who does that, had to sign a paper that the money used to make the purchase was your wife's and that you had no claim to it.

I already know and accept that I would have no claim on the house, but I have children so ultimately it will go to them and I am fine with that.

I think your best bet would be to try to come to a private arrangement with your wife so that you at least get something back. For sure she knows the law now and so it will probably not be easy.

Of course, that piece of paper only covered the house, so if you need to put up a fight, you could make a claim for the furniture, cars, even jewellery etc.

In any case, I wish you the best of luck.

[lannarebirth]

You are entitled by law to 50% of the proceeds of the sale of an asset that was purchased while married. It does not matter if you, your wife, or some other party is the source of the funds. What matters is that it occurred while married. Get a different lawyer.

[meatboy]

sad situation after 14yrs but as you are still on talking terms sort it out with her engageing a lawyer who will drag it out and will cost you big time try and sort it yourself otherwise you could loose all.if you have assets or money that she cant get her hands on and you dont want her to know about maybe it might be best if you walk away.we all know any money we use to buy anything which involves a thai female is more or less gone.is there no hope you both can get back together,who is living in the house right now.

[stefan2519]

Thanks, for the replies thus far.

About 6 months ago my wife moved away, and I had no way of knowing where, this was the initial reason for me to get the lawyer involved, as to stop her from selling the house without me knowing.
My lawyer has tracked her down to BKK, but I still haven't spoken to her in 6 months.
I'm going to give a couple of BKK lawyers a call and see what their answer on the situation will be.


Regards

[AnotherOneAmerican]

You are entitled to half the house no matter what paper you signed at the land office.

Unless she can prove that funding for the house came from previously held assets, court is instructed to assume joint property.

Marriage law overrules all other Thai law and all contracts and agreements concerning property between a husband and wife.

The law was arranged this way to stop one spouse taking advantage of the other.

Get a new lawyer, this one either doesn't know the law or doesn't like foreigners and is not acting in your best interests.

Judges are also completely unpredictable, your lawyer has no idea how costs will be awarded, usually everyone pays their own costs.

As a previous poster has already explained worst case, you lose the initial 2M5, any gain in value split 50/50.

When I am asked "how should I buy a house" by a foreigner, my answer is always the same.

Buy using a bank loan in your Thai wife's name with smallest initial deposit possible.

Then in the very worse divorce scenario the foreigner has signed a form at the land office saying the deposit was entirely his wife's. The biggest loss any judge could award is entire deposit to wife, all further value split 50/50.

Edited July 17, 2013 by AnotherOneAmerican