NoshowJones Posted January 19, 2014 Share Posted January 19, 2014 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. Second sentence dead right. Link to comment Share on other sites More sharing options...
little mary sunshine Posted January 19, 2014 Share Posted January 19, 2014 Take the 50% NOW....Run like hell, you can wind up with 0............ Link to comment Share on other sites More sharing options...
slipperylobster Posted January 19, 2014 Share Posted January 19, 2014 You've done bloody well with 50 % mate Sent from my iPhone using Thaivisa Connect Thailand How did you manage that..??? Was it immediately sold, all the debts on it paid, and then taxes, brokerage, legal fees? Surprised there was enough after all that to share with you. Honesty beyond belief! Congrats. You must of had plenty equity in it. Are you certain that she did not take out a second mortgage??? Link to comment Share on other sites More sharing options...
Ulic Posted January 19, 2014 Share Posted January 19, 2014 While the information here is useful and probably accurate consult a good reputable Thai lawyer. If he tells you you are shit out of luck then you definitely are because he gets no more billing hours. If he tells you its worth pursuing a case you should proceed with caution, as it could get expensive and you could get nothing. Most say take your 50% and hard learnt lesson and move onward. If she consults a lawyer she may be told she is entitled to everything. Link to comment Share on other sites More sharing options...
wombat Posted January 19, 2014 Share Posted January 19, 2014 "members can advise me how i stand" think yourself bloody lucky to be getting 50% Link to comment Share on other sites More sharing options...
kinmaew Posted January 19, 2014 Share Posted January 19, 2014 Sorry to hear about our friends predicament. The moral of the story is don't have anything bought with ALL your money under a Thai woman's name in Thailand. There are no laws in Thailand to protect farangs its all for Thai nationals so if you want to live there RENT and keep your property in YOUR name in your own country and live off the investment $'s it yields if that is possible. Then if it all goes pear shaped, you are protected. Hope you get your money mate but don't hold your breath. I don't care how nice they are and loving, I could not sleep at night with all my hard earned cash under someone else's name and find it extraordinary how so many are cool with this. No woman will every bankrupt me that is 100% for sure. Link to comment Share on other sites More sharing options...
BanTamo Posted January 19, 2014 Share Posted January 19, 2014 (edited) Oi! I hate it when that happens. Have you ever run into a Canadian bloke named Sebastian Brousseau? He's trained in laws in Montreal and for some reason unknown to me lives in Korat. He's got a fully licensed small law office and employs several well-qualified Thai and international (farang) lawyers. The firm is called Isaan Lawyers. He also operates online as www.Thailawonline.com you'll find him on Facebook as well. Sebastian's helped me out via the internet on several issues, most recently regarding some land with only a 'mor sor sam' document in Changwat Ubon. I have found him to be knowledgeable, resourceful, and very patient with his clients and our issues. I've also found his fees to be extraordinarily low. Sebastian's firm supports TV by advertising on the site, particularly on the Isaan forum. Or if you're interested PM me for deets. Edited January 19, 2014 by BanTamo 1 Link to comment Share on other sites More sharing options...
sead Posted January 19, 2014 Share Posted January 19, 2014 Can it really be so hard? If you buy a car or house etc in your thai gf name. Firs go to a lawyer and and make a contract saying that she is taking a loan from you say around 2mil baht to buy a house. And that the house is a gurantee for the loan. State a date when she have to pay that debt. Renew this every 5 years or so. I am not a lawyer but this must be easy for a lawyer to make such an agreement.. Link to comment Share on other sites More sharing options...
personchester Posted January 19, 2014 Share Posted January 19, 2014 (edited) Take the 50% and run, you're lucky she's giving you it! Not necessarily, prior to purchase the house I went with my Thai wife to a top barrister to make a loan agreement to my wife, the loan agreement was signed by me as the loan offering, signed by my wife of loan acceptance, and signed by the barrister to confirm the agreement. The loan was provided for the house purchase in my wife's name, no interest was requested, and no repayment was set out. But there was one vital provision ... should I decide one day to have the loan returned then my wife has a time factor of one year to repay the loan, if not able to do so within one year then she is legally obliged to sell the house in order repay the loan... so it is not a case of 50/50. I know two cases of divorces (no loan agreements) which took place in courts, case 1 was 60/40 in favour, of farang and case 2 was 65/35 in favour of farang . Edited January 19, 2014 by personchester Link to comment Share on other sites More sharing options...
Sceptict11 Posted January 19, 2014 Share Posted January 19, 2014 (edited) Take the 50% and run, you're lucky she's giving you it! Not necessarily, prior to purchase the house I went with my Thai wife to a top barrister to make a loan agreement to my wife, the loan agreement was signed by my as the loan offering, signed by my wife of the loan acceptance, and signed by the barrister to confirm the agreement. The loan was provided for the house purchase in my wife's name, no interest was requested, and no repayment was set out. But there was one vital provision ... should I decide one day to have the loan returned then my wife has a time factor of one year to repay the loan, if not able to do so within one year then she is legally obliged to sell the house in order repay the loan... so it is not a case of 50/50. I know two cases of divorces which took place in courts, case 1 was 60/40 in favour, of farang and case 2 was 65/35 in favour of farang . In my opinion what is described is manifestly unfair and unreasonable. Any court would nullify such an "agreement" Best take the issue to court if 50% is not enough . Edited January 19, 2014 by Sceptict11 Link to comment Share on other sites More sharing options...
ThaidDown Posted January 19, 2014 Share Posted January 19, 2014 Take the 50% and run, you're lucky she's giving you it! Not necessarily, prior to purchase the house I went with my Thai wife to a top barrister to make a loan agreement to my wife, the loan agreement was signed by me as the loan offering, signed by my wife of loan acceptance, and signed by the barrister to confirm the agreement. The loan was provided for the house purchase in my wife's name, no interest was requested, and no repayment was set out. But there was one vital provision ... should I decide one day to have the loan returned then my wife has a time factor of one year to repay the loan, if not able to do so within one year then she is legally obliged to sell the house in order repay the loan... so it is not a case of 50/50. I know two cases of divorces (no loan agreements) which took place in courts, case 1 was 60/40 in favour, of farang and case 2 was 65/35 in favour of farang . Any agreement between husband and wife can be voided by either party at any time. Section 1469 of Thailand Civil and Commercial Code. Such an agreement could be made before marriage or even as a pre-nup, if entered into the marriage register at time of marriage. In the case of the op, agree 50% should be taken. ( with thanks) Link to comment Share on other sites More sharing options...
Andre0720 Posted January 19, 2014 Share Posted January 19, 2014 Our girl is always always different from the others,,,, She would never do what all the others are doing... 1 Link to comment Share on other sites More sharing options...
ozyjon Posted January 19, 2014 Share Posted January 19, 2014 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. Yes i know what you are talking about, i have seen some beautiful falang houses built with all the western touches, granite floor, best kitchen and why i wonder to see the houses now, all overgrown with plants and the paint going black, it's really sad but stupid on the other hand. Link to comment Share on other sites More sharing options...
Docno Posted January 19, 2014 Share Posted January 19, 2014 ...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.... You bring new meaning to the term, 'very patient'. She was with the bloke for 18 years... 1 Link to comment Share on other sites More sharing options...
Docno Posted January 19, 2014 Share Posted January 19, 2014 Our girl is always always different from the others,,,, She would never do what all the others are doing... Well, an 18-year relationship is probably not like a whole lot of others around here. And women all of the world would go for at least half the house when a long relationship breaks down... and in most of our home countries, she'd get it and more without a blink from the judge. How about spousal support, etc. [Don't forget, in many countries, long common-law relationships are treated identically to marriages now]. Link to comment Share on other sites More sharing options...
apiwan Posted January 19, 2014 Share Posted January 19, 2014 hahah man you not that smart! you are so lucky she want to give you 50%, would you put a house,car and everything you have in a wife back home in your country? hell no! take your money asap and head down to the local bar and join the rest of the losers.. not a very nice thing to say, The guys in trouble looking for advice and this is what he gets, Sent from my iPad using Thaivisa Connect Thailand 1 Link to comment Share on other sites More sharing options...
personchester Posted January 19, 2014 Share Posted January 19, 2014 (edited) Take the 50% and run, you're lucky she's giving you it! Not necessarily, prior to purchase the house I went with my Thai wife to a top barrister to make a loan agreement to my wife, the loan agreement was signed by my as the loan offering, signed by my wife of the loan acceptance, and signed by the barrister to confirm the agreement. The loan was provided for the house purchase in my wife's name, no interest was requested, and no repayment was set out. But there was one vital provision ... should I decide one day to have the loan returned then my wife has a time factor of one year to repay the loan, if not able to do so within one year then she is legally obliged to sell the house in order repay the loan... so it is not a case of 50/50. I know two cases of divorces which took place in courts, case 1 was 60/40 in favour, of farang and case 2 was 65/35 in favour of farang . In my opinion what is described is manifestly unfair and unreasonable. Any court would nullify such an "agreement" Best take the issue to court if 50% is not enough . --------------------------------------------------------------------------------- Incorrect reply above ... The loan agreement is a personal loan and not outlined as a mortgage payment for the house purchase, the money can be repaid in any way within a period of one year, and there is no request that the house must be sold. Nevertheless, personal loan receivers must repay the loan when requested, if they are not able to pay the loan then they must sell part of their personal belongings, and that could then be the house. Personal loans must be repaid if requested, this is not unfair, nor unreasonable, it is normal and legal, and courts would not nullify it. Moreover, to take the issues to court is not recommendable, the legal fees are expensive, thus farang and the Thai wife or g/f should try to agree those matters in a reasonable and acceptable manner. ... Edited January 19, 2014 by personchester Link to comment Share on other sites More sharing options...
ericthai Posted January 19, 2014 Share Posted January 19, 2014 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. Exactly what type of information are you providing? Do you even know any laws? Some of us have been here for over a decade and have been around the block a few times and from our first hand experience know a thing or two. If they are not married and the house is in her name, she owns it! Maybe you don't know but foreigners are not allowed to own land in Thailand, so he cant take title to it. When they purchased the land they had to sign a document saying all the money for the land purchase was hers not his, as per Thai law. So again she owns it. If they were married things might be different, but not being married is an issue. 1 Link to comment Share on other sites More sharing options...
Sceptict11 Posted January 19, 2014 Share Posted January 19, 2014 "Incorrect reply above ... The loan agreement is a personal loan and not outlined as a mortgage payment for the house purchase, the money can be repaid in any way within a period of one year, and there is no request that the the house should be sold. Nevertheless, personal loan receivers must repay the loan when requested, if they are not able to pay the loan then they must sell part of their personal belongings, and that could / would then be the house. Personal loans must be repaid if requested, this is not unfair, nor unreasonable, it is normal and legal, and courts would not nullify it. To take the issues to court is not recommendable, the legal fees are expensive, thus farang and the Thai wife or g/f should try to agree those matters in a reasonable and acceptable manner. ... " How would you suggest "repayment" is enforced ? These "couch cowboy" or "barstool" lawyers have to be admired for gross ignorance ! Link to comment Share on other sites More sharing options...
BanTamo Posted January 19, 2014 Share Posted January 19, 2014 (edited) I agree, Apiwan. Maybe falkan needs a bath in some Summer's Eve to clean out the yeast infection that's causing him to be such a douchebag. Actually, to be fair, a bunch of them have just come outta the woodwork... Edited January 19, 2014 by BanTamo Link to comment Share on other sites More sharing options...
nithisa78 Posted January 19, 2014 Share Posted January 19, 2014 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. Lucky she only wants 50% seems like a reasonably decent lady to me. Sent from my ST27a using Thaivisa Connect Thailand mobile app Yes, more than him, by far. 15 years of who knows. Then second chance for 3 in Thailand. Pay up and say thank you for everything, especially your youth. Good luck with your lives, both of you. Link to comment Share on other sites More sharing options...
tyler2208 Posted January 19, 2014 Share Posted January 19, 2014 If they are not married, then he has some chances of reclaiming his losses. From what I understand, when a married couple farang/thai) buy land, the farang is usually required to sign a document stating "the money for the purchace of the house is no his" however even with such a document, i believe there have been cases where the farangs have been awarded a percentage of house/land value If they are not married (which I am assuming they are not as the op refferers to her as g/f) and he has all the receipts and documentation to confirm this, the. maybe he has a chance of doing better than 50%. for those who say she is being reasonable, that would depend on the facts. If they met in australia and have been there together for 15 years, then there is a good chance she was working and earning money. According to the OP she suggested retiring to Thailand, it was also (according to the OP) all of his money that paid for everything. His girlfriend appantly stated that "because it was his money used to purchace the house etc, that she would not ask for any money in the event of the relasionship ending" If all that the OP has written is true, then I would say she that she is NOT being reasonable or fair! As a side note, in the uk if you live together as boyfriend girlfriend (unmarried) and one of the parties can prove that the other did not contibute financially at all to any of the assets, then the other party has no claim financially. There is the common law husband and wife term, which applies only if both parties have been contributing to the assets i.e mortgage payments, renovations and furnishings. as many have suggested here, I would seek legal advice on this matter. One poster stated here, that a Thai Judge has the power to decide whatever he likes. This is very true. A Judge will have the power to order a summons for access to all financial assets (here in Thailand) e.g bank accounts etc. If the lady has been working overseas for the last 15 years, perhaps living with the OP and perhaps contributing nothing and just saving her money either in oz or sending it vack to thailand. She suggets retiring to thailand, which they do, all on the OP's $$ She agreed to ask for nothing if the relashionship breaks down. Yet now the relashionship has ended she cant remember making such a statement! I can understand in these circumstances why the OP would feel cheated. Link to comment Share on other sites More sharing options...
reptile91602 Posted January 19, 2014 Share Posted January 19, 2014 First off! never marry a Thai woman! Unless you know her family and like what you see, You are sure she didn't come from or ever work at a bar. absolute sure! Any doubt , have fun and get out. Don't be a stupid farang unless you don't give a shit about your life. Link to comment Share on other sites More sharing options...
parallaxtech Posted January 19, 2014 Share Posted January 19, 2014 I agree with most of the opinions that 50% would be reasonable. Sorry if I am hijacking your op but would she have any claim if she had nothing in her name? I'm thinking of the many guys I know who tossed the bird (unmarried) out after a few years and she demanded 100KB plus. Link to comment Share on other sites More sharing options...
swissie Posted January 19, 2014 Share Posted January 19, 2014 Can it really be so hard? If you buy a car or house etc in your thai gf name. Firs go to a lawyer and and make a contract saying that she is taking a loan from you say around 2mil baht to buy a house. And that the house is a gurantee for the loan. State a date when she have to pay that debt. Renew this every 5 years or so. I am not a lawyer but this must be easy for a lawyer to make such an agreement.. There is a fly in the ointment. - If loan can be linked to the purchase of the house, especially if the house itself serves as "security" = forget it ! No matter how it's camouflaged, "FOREIGN-MONEY" can not own land in LOS. - If land/house is purchased a short time after issuance of the loan (for example), the "linkage" would be beyond any doubt. Worst case: The Farang could be charged with trying to circumvent Thai-Property-Law by "trickery". A glorious exit from a Thai adventure ! Cheers. Link to comment Share on other sites More sharing options...
maccastime Posted January 19, 2014 Author Share Posted January 19, 2014 So the bottom line --------You have "enjoyed" this ladies company for some 18 years ? You now wish to pull out and leave her with nothing ? You are very lucky she is offering a settlement based on a 50% share ! Some really are **** ----holes Yes the bottom line is i have enjoyed her company,as she has enjoyed mine for 18 years. Who mentioned i wished to PULL out?? she had been supposedly going on temple tours...she met up with a Thai gent,i found out,and we decided to end our relationship.I did not mention i would leave her nothing? Your last comment....i assume this is aimed at me... I really dont know why bother posting,as many on here are quick to judge me after 18 years together with this lady. 2 Link to comment Share on other sites More sharing options...
louse1953 Posted January 19, 2014 Share Posted January 19, 2014 hahah man you not that smart! you are so lucky she want to give you 50%, would you put a house,car and everything you have in a wife back home in your country? hell no! take your money asap and head down to the local bar and join the rest of the losers.. You must already be there,as your comprehension is impaired.He had a gf,not a wife,big difference. Link to comment Share on other sites More sharing options...
maccastime Posted January 19, 2014 Author Share Posted January 19, 2014 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. The house is in Hua Hin,it remains a buyers market,have had a few lookers,but no joy as yet,house has been on the market only 1 month. Link to comment Share on other sites More sharing options...
louse1953 Posted January 19, 2014 Share Posted January 19, 2014 First off! never marry a Thai woman! Unless you know her family and like what you see, You are sure she didn't come from or ever work at a bar. absolute sure! Any doubt , have fun and get out. Don't be a stupid farang unless you don't give a shit about your life. Can understand how you got your Moniker 2 Link to comment Share on other sites More sharing options...
maccastime Posted January 19, 2014 Author Share Posted January 19, 2014 hahah man you not that smart! you are so lucky she want to give you 50%, would you put a house,car and everything you have in a wife back home in your country? hell no! take your money asap and head down to the local bar and join the rest of the losers.. ha ha,yes very funny indeed??? you not that smart....great english that... another gem this line.....would you put a house,a car and everything you have in a wife ???? thanks so much for your input. All i asked for in my original post was some assistance. Link to comment Share on other sites More sharing options...
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