House in Thailand in g/friends name.

[maccastime]

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)

No problem. thank you.

[maccastime]

I have lived here for 10 years and in a few words

YOUR SCREWED and at the mercy of her. So if she wants 50 % that's a great deal Take her to a lawyer and do the paperwork.

She is being very fair You want to screw her out of 15 years by trying to keep 100% Be a man and split it and thank god she is a good woman

Who mentioned i wanted 100%??????? i w have no intention of letting her walk away with nothing. And no i do not want to screw her out of 15 years.A good woman...well that is a big call. you are not the thai lad are you??? lol

[maccastime]

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.

Many thanks for your sensible thoughts.

[louse1953]

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.

Is this house on the back of a truck,1minute Surin,next its in Lopburi.Next I hope it is Ch.Mai,then I will put in a bid.

[Gracas]

To the OP, I would have to agree with most responses here if your Lady is giving you 50% you should be VERY happy. You could end up with ZERO.

Take the 50% say thank you and move on.

Good luck.

[maccastime]

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.

Never marry a thai woman? so malaysian or others are ok? unless you know her family? No she has never worked at a bar,i met her in Australia where she has had a Restaurant for 20 plus years.absolute sure.no doubt...I do not consider myself a stupid Farang as you mention,18 plus years i thought i knew her well enough to make a life with her in Thailand.

I do give a shit about my life,that is why i posted on here.

[louse1953]

Our girl is always always different from the others,,,,

She would never do what all the others are doing...

Very true in my case.

[Sceptict11]

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.

Never marry a thai woman? so malaysian or others are ok? unless you know her family? No she has never worked at a bar,i met her in Australia where she has had a Restaurant for 20 plus years.absolute sure.no doubt...I do not consider myself a stupid Farang as you mention,18 plus years i thought i knew her well enough to make a life with her in Thailand.

I do give a shit about my life,that is why i posted on here.

But ! .......In reality there is little concern for the lady !

What a pig ignorant and selfish post !

Can someone advise this lady to take her case to an Australian court ------------this "person" would then learn about humility and "rights"

[khunPer]

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..

The commonly advised “trick” when it comes to buying land + house is have a loan noted on the back of the Chanute land deed, normally same as value of land + house. A lawyer can do that job or you can do yourself (or someone third party reading/writing Thai) with the standard loan document available from any book or paper store and a visit to the Land Department.

However that does not help the OP now.

I presume OP shall be (very) happy for 50% – but consulting a lawyer will be wise first step.

[pistachios]

He will never get the 50%. Once the money lands in her bank account, she will change her mind a second time.

Sent from my iPad using ThaiVisa app

[taninthai]

the replies crack me up on here ,as for the loan method which would force her to sell the house to pay you back,you can guess what would happen she will just sell it to a family member for silly amount ,after all its her house she can sell it for 50 bht if she likes.

[louse1953]

...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....

This has nothing to do with culture,relationships fail for whatever reason.A lot of the problem is blokes thinking with their small head.

[louse1953]

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.

Never marry a thai woman? so malaysian or others are ok? unless you know her family? No she has never worked at a bar,i met her in Australia where she has had a Restaurant for 20 plus years.absolute sure.no doubt...I do not consider myself a stupid Farang as you mention,18 plus years i thought i knew her well enough to make a life with her in Thailand.

I do give a shit about my life,that is why i posted on here.

But ! .......In reality there is little concern for the lady !

What a pig ignorant and selfish post !

Can someone advise this lady to take her case to an Australian court ------------this "person" would then learn about humility and "rights"

How,pray tell is an Ozzy court going to help in this situation.Personally i think macca is being quite reasonable,and bearing up with some humour.Understandably he trusted his gf after 15 years,but life changes.Whats the bet,new Thai bf rolls his ex over and she then wants forgiveness.These Thai casanovas are everywhere and will toss her pretty quick,once he has bled her dry.

[Sceptict11]

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.

Never marry a thai woman? so malaysian or others are ok? unless you know her family? No she has never worked at a bar,i met her in Australia where she has had a Restaurant for 20 plus years.absolute sure.no doubt...I do not consider myself a stupid Farang as you mention,18 plus years i thought i knew her well enough to make a life with her in Thailand.

I do give a shit about my life,that is why i posted on here.

But ! .......In reality there is little concern for the lady !

What a pig ignorant and selfish post !

Can someone advise this lady to take her case to an Australian court ------------this "person" would then learn about humility and "rights"

How,pray tell is an Ozzy court going to help in this situation.Personally i think macca is being quite reasonable,and bearing up with some humour.Understandably he trusted his gf after 15 years,but life changes.Whats the bet,new Thai bf rolls his ex over and she then wants forgiveness.These Thai casanovas are everywhere and will toss her pretty quick,once he has bled her dry.

An Australian court can take all assets (worldwide) into consideration when arriving at a "fair" decision.

The a***hole may escape with a few cents judging by the projected attitude.

It will get even less in Thailand !

[jaykuzi]

Sounds like your the greedy one. Get a life.

Sent from my iPhone using Thaivisa Connect Thailand

[khaowong1]

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)

The key phrase here is "husband and wife" Doesn't sound like they were married.

[Whidbeyboy]

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.

You make the "typical Falang" house in the middle of nowhere sound bad. Personally, sounds perfect to me.

Better then next to noisy neighbors and traffic sounds up and down the street.

[Whidbeyboy]

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.

Some people react by over reacting. I married a Thai woman and she has been great for me. Worked in a bar? I really don't give a shit if she did, I was banging hookers for years, so why should I be a hypocrite. Course, not sure about her past, only that she is honest, caring and takes good care of me.

[ChiangraiTony]

Something smells funny here and it's not me! With all due respect to the OP but I have to say that something doesn't add up. First the OP stated that he was in a relationship with his girlfriend for 15 years and then along the thread somewhere someone making a reply somehow misquoted the OP and said 18 years. Later on the OP then started saying he was in the relationship for 18 years which contradicts his original post. Hum! It makes one wonder...

[shaurene]

You need a good lawyer, I have a good one in Khon Kaen a Falange guy there I know lost all the properties to his partner this lawyer got all back. Also by Thai law your G/F has to prove the money did not come from you or a foreign person for her to own it, if you go to court.

[khunPer]

Something smells funny here and it's not me! With all due respect to the OP but I have to say that something doesn't add up. First the OP stated that he was in a relationship with his girlfriend for 15 years and then along the thread somewhere someone making a reply somehow misquoted the OP and said 18 years. Later on the OP then started saying he was in the relationship for 18 years which contradicts his original post. Hum! It makes one wonder...

15 years in Australia + 3 years in Thailand = 18 years – don't think the funny smell comes from OP.

[MAJIC]

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

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

Ditto!

[StaffsShot]

A lot of guys suggesting the 50/50 offer is good, as others before you ended up with nothing

Consult a lawyer, sorry to hear about your split

As Louise says, probs her new Thai bf sooner than later will relieve her of her cash....

[egypte]

At the time of purchase (Land/House), the registration office most probably, if you were present, asked you to sign

a statement (in thai) certifying that all the money was coming from your gf and from her only.

Then as all said before you're lucky if you get 50%, any thai lawyer can get hands on these sort of documents.

[luckyluke]

Apparently you had more than 15 years a good life together Down Under. Once in Thailand, it changed, not really surprising, what is surprising and where one can tell she is really different, is when, apparently, she is prepare to give you 50%. In your misfortune you seems to be lucky.

[dighambara]

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

I agree completely, as when my wife and I bought property here, I understood that a foreigner cannot own land and considered any claim I might have as a 'write-off'. Since then we have two beautiful children that deserve a good future and who better than their Mother to have the property to provide for them - should I pass on first...???

The poster should have considered this when he fronted the money for the property and should have gotten a 'Yellow Book' denoting his share and possible inheritance.

[Straight8]

I would bet that by the time everything is done and dusted, the OP will walk away with possible some of the other things but I can't see how his ex is going to give him 50% of the house. It just does not work that way, especially in Thailand. House is in her name, she aint parting with 50% of it, no way Jose....She is just buying time me thinks... She will end up keeping the house, and the OP will just give up in frustration, with his tail tucked between his legs and walk away chalking it down to another valuable lesson where man is stung by woman.

Moral of the story! Don't put anything in your gf/wifes/partner name not just in Thailand but any land.

PS... but as other have suggested, and she really is genuine [boy that's a BIG "if"] about giving him 50%.. don't think too much, take it anyway you can, as soon as you can, as the longer you wait, the less chance of it happening.

Edited January 20, 2014 by Straight8

[belg]

and people, this is what we call the long scam ...

she did not work for 15 years in aussieland? she did not have any penny ?

well now you could be out 100% of yours .... hope it was a small house and not a mansion

[Delight]

The O.P asked for advice.

My advice would be to see a lawyer and establish if your g/f;s 50% offer could be made legally certain prior to selling the house.

No doubt you will also get some other useful information.

For example you could make it embarrassing for her every time a prospect wishes to view the property.Throwing insults at prospective buyers is likely to result in No Sale.

Edited January 20, 2014 by Delight

[BasilBrush500]

Sounds like she might have been planning to part company before they left Oz. Pure speculation of course, but in year 1 in Thailand he buys a house in Hua Hin and furnishes it - this would take at least a year to do until he felt settled in. She couldn't really pull this stunt the following year as it looks too obviously planned - so to part ways in year 3 is good timing for her (pure speculation of course).

Anyway, this doesn't matter: she promised him she would claim nothing of his property and now she conveniently forgets this in an attempt to con him out of 50% of something he owns 100%. You guys harping on about him being lucky that she is a nice lady or reasonable lady because she is offering him 50% have obviously been brainwashed by western feminism - are you all that deluded? He already owns the property beneficially; she only holds the paper title. She has probably already been to a lawyer, who can see a sticky situation here and advised her to "offer" him half of 100% what is already his. And so what, they were together 15 years in OZ - by the reasoning of many of you guys on here, he should then be entitled to 50% of the proceeds of her business in OZ that she ran for 20 years.

Simple problem here is that she is trying to get her hands on his property when she hasn't contributed to it (maybe she has - who knows); but the only reason she has any claim - obviously an unfair one - is because he can't hold legal title in his own name in Thailand. And I would think any reasonable judge, anywhere would see this. Go to court mate ... you can't lose. That is the advice of a Thai I know.