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Posted

I relocated to Thailand some 3 years ago,having met my g/f in Australia some 15 years ago,we lived in Aus for the entire 15 years,She mentioned that when i retire why not move to Thailand and live,so we did this,i had read many times about Farang being ripped off by Thai females,however as i had been in this relationship for so long,i felt different?

She had told me many times before we made the move that as it was going to be ALL my monies to purchase a house,Furniture vehicle etc,that if we ever did separate she would not ask for any monies? well we have separated after 3 years,however she does not remember making this statement.

I have all receipts of deposit,and final payments for the house here.Also for furniture.

The house Chanote is in her name,she is asking for a 50/50 share of the house sale

I have been speaking to a few Farang friends here who have advised me that if i have all the receipts for the house etc,if i was to go to a lawyer,i would not be required to give her 50% I mentioned to them about the Chanote,they said no problems? i am not so sure.

Hopefully some kind members can advise me how i stand.

Many thanks.

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Posted

You only mention G/F and not wife.

The fact is that she owns 100% of the house.Everything in her name therefore belongs to her.

As PattayaPhom states::

'Lucky she only wants 50% seems like a reasonably decent lady to me.'

Where does the 50% coming your way come from?

If you had married her before buying the house -then by right you would own 50%..

If she changes her mine you could end up owning 0%.

This post illustrates that you,with respect to Thai law, know very little -and your friends know even less.

Yes correct i did state g/f and not wife.......seems like a reasonably decent lady?? yeah right. if this is what you think i could pass on her number.

the 50% coming my way as you put it,is what she had requested. How can you judge me by stating i know very little? i think you should read my post again.

  • Like 1
Posted

I know this isnt what you want to hear, but for what its worth is my two satangs worth.

Where exactly is the house, and how easy will it be to sell?

A few years ago the mrs and I looked at a bloody brilliant house, granite floor tiles etc etc.

The house was for sale at 2 million baht, about 50% less than the build price.

The house was very impresive and well worth the money, the trouble was, it was a typical farang mansion in the middle of nowhere.

We arranged to meet the seller, drove to the house, before we even got to the house the mrs and I had decicded not to buy it, it was in some sort of village of the dammed, the village, all of ten houses was miles from anywhere.

The Thais wouldnt buy it, because they have no family or friends there, the next most expensive house in the village probably cost about 100k baht max.

I told the seller her house was very nice but we werent interested, the sale price for cash dropped to 1 million (a bargain) still not interested.

As far as I know the house remains unsold.

Wont even bother going into the details of the house in Surin built on gov't land with no planning permission, thats another story.

Yes you may well be entilted to 50%, but 50% of what, thats assuming the house ever gets sold.

  • Like 2
Posted

If you were still in Aussie, and been living together, married or not, what would she be entitled to?

In the UK, you'd be screwed if it went to court.

AFAIK, Thai law will split the assets acquired during the marriage 50/50. Assets acquired before are not included. Talk to a good, English speaking Thai lawyer. PM me if you want a recommendation.

  • Like 2
Posted
I know this isnt what you want to hear, but for what its worth is my two satangs worth.

Where exactly is the house, and how easy will it be to sell?

A few years ago the mrs and I looked at a bloody brilliant house, granite floor tiles etc etc.

The house was for sale at 2 million baht, about 50% less than the build price.

The house was very impresive and well worth the money, the trouble was, it was a typical farang mansion in the middle of nowhere.

We arranged to meet the seller, drove to the house, before we even got to the house the mrs and I had decicded not to buy it, it was in some sort of village of the dammed, the village, all of ten houses was miles from anywhere.

The Thais wouldnt buy it, because they have no family or friends there, the next most expensive house in the village probably cost about 100k baht max.

I told the seller her house was very nice but we werent interested, the sale price for cash dropped to 1 million (a bargain) still not interested.

As far as I know the house remains unsold.

Wont even bother going into the details of the house in Surin built on gov't land with no planning permission, thats another story.

Yes you may well be entilted to 50%, but 50% of what, thats assuming the house ever gets sold.

Where is this house? If it is as brilliant as you say it is, I would buy it for a million baht.

  • Like 1
Posted

I know this isnt what you want to hear, but for what its worth is my two satangs worth.

Where exactly is the house, and how easy will it be to sell?

A few years ago the mrs and I looked at a bloody brilliant house, granite floor tiles etc etc.

The house was for sale at 2 million baht, about 50% less than the build price.

The house was very impresive and well worth the money, the trouble was, it was a typical farang mansion in the middle of nowhere.

We arranged to meet the seller, drove to the house, before we even got to the house the mrs and I had decicded not to buy it, it was in some sort of village of the dammed, the village, all of ten houses was miles from anywhere.

The Thais wouldnt buy it, because they have no family or friends there, the next most expensive house in the village probably cost about 100k baht max.

I told the seller her house was very nice but we werent interested, the sale price for cash dropped to 1 million (a bargain) still not interested.

As far as I know the house remains unsold.

Wont even bother going into the details of the house in Surin built on gov't land with no planning permission, thats another story.

Yes you may well be entilted to 50%, but 50% of what, thats assuming the house ever gets sold.

Where is this house? If it is as brilliant as you say it is, I would buy it for a million baht.

The house is in the middle of nowhere in Lop Buri.

Yes a bloody brilliant house, well designed, well built excellent fittings etc etc.

Enjoy living there in some sort of village of the dammed, I think the nearest 7 was about 20 ks away, thats how close you would be to civilisation.

Talk about, "one step beyond", best of luck to you, these places are out there.

Posted

If you were still in Aussie, and been living together, married or not, what would she be entitled to?

In the UK, you'd be screwed if it went to court.

AFAIK, Thai law will split the assets acquired during the marriage 50/50. Assets acquired before are not included. Talk to a good, English speaking Thai lawyer. PM me if you want a recommendation.

"Assets acquired before are not included."

Not always true, a judge can decide ANYTHING he wants here.

Posted

If you were still in Aussie, and been living together, married or not, what would she be entitled to?

In the UK, you'd be screwed if it went to court.

AFAIK, Thai law will split the assets acquired during the marriage 50/50. Assets acquired before are not included. Talk to a good, English speaking Thai lawyer. PM me if you want a recommendation.

"Assets acquired before are not included."

Not always true, a judge can decide ANYTHING he wants here.

Just to clarify .

The couple were never married.

All that is in the girlfriend's name belongs to her. The only thing that could be contested in the OP;s favour is the furniture.

The morale of the story is that if a Farang buys assets in a GF's name then the purchases must be treated as a gift, Even within relationships of 15 years standing. Alternatively see a lawyer before spending the monies.

(Apologies to the O.P for mis reading the post. You did specify where the money was coming from. I had no intention of judging you -I just feel very sorry for you. You have obviously lost a relationship and are now about to lose cash)

Posted

You know we read these bought the house in her name stories all the time here at TV and everyone always admits that the OP is screwed, yet we never hear of the government taking over a company owned house rolleyes.gif

  • Like 1
Posted

Many years ago, I purchased a house in Cha-am in my then g/f's name. It was a holiday home and she subsequently disappeared. I consulted a Thai lawyer, had all the receipts, etc for the house and furniture, and was told my claim was not pursuable.

If you are being offered 50% then take it ASAP.

  • Like 2
Posted

If she only wants 50 percent grab it get it in writing and start a new life my mrs had a lot more and that was in the UK the only thing she did not get was a stake in my military pension had she waited another year when they changed the rules she would have been £750 per month richer for the rest of her life 50/50 is a fantastic deal get the papers drawn up tomorrow good luck

Posted (edited)

I love the replies of this flurry of makeshift lawyers that spring out of a boring Sunday watching TV in the outskirts of some Thai city. Don't waste time posting questions here. You should go to an international lawyer in Bangkok. What you are trying to do is ask for a ruling on equitable grounds (doctrine of laches) which is common in The Commonwealth. But Thailand does not adhere to the Common Law. Nonetheless, it is not impossible. Basically, you will be asking a judge to step out of the principle of law to consider a series of factors that may point at the conclusion that the property should belong to you, and this is very much up to the judge. A good lawyer will know the bench and try to steer your complaint to a judge that is known to be more reasonable. That, however, is no guarantee, because you will have to prove that the purchase was not a gift, as she will most likely claim. I assume all you have is verbal evidence of this agreement, which does not help. In order to get a judgement in equity in Thailand you must have very good documentation and a favorable judge. The Frade Trade Agreement between AU and Thailand may have some protection for investors. Not sure you can get much from this, unless you claim you have been duped. In my view, the law, in most countries is something you pay for.

Edited by Braddockrd
  • Like 1
Posted

Sad story, you'd think after all those years the relationship was secure.

Having said that, just GRAB the 50% and SMILE....do it before she changes her mind and you get ZIP, much like what women do to guys in Australia ALL the Time!

  • Like 1
Posted

...you are f*cked...

...this is a national industry in Thailand.....

...Thais are very patient.....and they usually go for 'older guys'...so this is perfect for them....

...start with nothing...end up with everything....

...good 'culture'...for them....

  • Like 2
Posted

Good deal if its only 50%. The reality is that it's 100% hers if her name is on it. But you might be lucky if you can pay under the table at a Court more than she can and get some ROI.

Posted

I love the replies of this flurry of makeshift lawyers that spring out of a boring Sunday watching TV in the outskirts of some Thai city. Don't waste time posting questions here. You should go to an international lawyer in Bangkok. What you are trying to do is ask for a ruling on equitable grounds (doctrine of laches) which is common in The Commonwealth. But Thailand does not adhere to the Common Law. Nonetheless, it is not impossible. Basically, you will be asking a judge to step out of the principle of law to consider a series of factors that may point at the conclusion that the property should belong to you, and this is very much up to the judge. A good lawyer will know the bench and try to steer your complaint to a judge that is known to be more reasonable. That, however, is no guarantee, because you will have to prove that the purchase was not a gift, as she will most likely claim. I assume all you have is verbal evidence of this agreement, which does not help. In order to get a judgement in equity in Thailand you must have very good documentation and a favorable judge. The Frade Trade Agreement between AU and Thailand may have some protection for investors. Not sure you can get much from this, unless you claim you have been duped. In my view, the law, in most countries is something you pay for.

And what have you said any different to the bar stool lawyers?

1. IF you have a good lawyer

2. IF you find a reasonable Thai Judge

3. IF that Judge steps outside the principle of law

4. IF the OP has good documentation

Lots of "ifs" that just don't happen here. The only "if" that will make a difference here is "if" the Judge likes payments in envelopes. The law certainly won't be on the OP's side unfortunately.

Posted

I think under Thai law she owns the house. I have certainly seen many people on Thai visa who claim to have lost everything under similar circumstances.

Not to take the moral high ground but if you have been together for 18 years (I think thats what you are saying) then shouldn't she be entitled to half of the house anyway?

I think this is fair and I would take the offer if I were you, if it goes legal you could very likely be a lot worse off.

  • Like 1

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