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Common Law Wife


abc789

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If you and your Thai partner have lived together for more than 2 years is your partner entitled to anything should you split up ?

My house was purchased in a company name years before I met my my partner and i was alarmed the other day when i was told that she would be entitled to half if we were to split.

is this the case ?

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No, unless you explicitly enter into a contract, just living together implies no obligations under formal Thai law.

However according to traditional laws still enforced by police and local government in upcountry society, you can be fined for just touching an unmarried girl still living with her parents, up to the full sin sot amount if you go all the way.

And living together IS being married as far as they're concerned, so if you've "eloped" with your teerak you might be OK with the formal law, but to the extent the family has any real de facto power you could well have to face consequences financially or otherwise.

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No, it is not the case.

Even if legally married, what was your before the marrige remains your during and after the marriage.

How about "Possession Adverse" under the Civil and Commercial Code, book4, title 3, section1382?

Appparently if she is allowed to stay at the property without any kind of written agreement for a period of 10 years or longer she may claim ownership.

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No, it is not the case.

Even if legally married, what was your before the marrige remains your during and after the marriage.

How about "Possession Adverse" under the Civil and Commercial Code, book4, title 3, section1382?

Appparently if she is allowed to stay at the property without any kind of written agreement for a period of 10 years or longer she may claim ownership.

I think that has more to do with a person living on your land/in your house, than with a person living with you inside a house.

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No, it is not the case.

Even if legally married, what was your before the marrige remains your during and after the marriage.

How about "Possession Adverse" under the Civil and Commercial Code, book4, title 3, section1382?

Appparently if she is allowed to stay at the property without any kind of written agreement for a period of 10 years or longer she may claim ownership.

Hang on, if a company owns the house, how can she claim a share?

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Hang on, if a company owns the house, how can she claim a share?

Perhaps she is one of the Thai shareholders that "own" 51% of the company?

On the advice of my lawyer, I have just transferred the shares in my company from the original proxy shareholders put in place by the previous owner of the condo into the names of my girlfriend and her son. I'm still the only director of the company so I'm the only person that can sign documents etc.

Alan

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Hang on, if a company owns the house, how can she claim a share?

Perhaps she is one of the Thai shareholders that "own" 51% of the company?

On the advice of my lawyer, I have just transferred the shares in my company from the original proxy shareholders put in place by the previous owner of the condo into the names of my girlfriend and her son. I'm still the only director of the company so I'm the only person that can sign documents etc.

Alan

If she is one of the 51% owners, it has not been made clear by the op.

I would have thought proxies would be a better bet - risk of running into a quorum problem can be avoided (wife + son ganging up?). Also, presumably when you had nominee (proxy) shareholders, none were active in the company's affairs and you remained the sole signatory anyway.

I am no expert, and don't know much about company law in Thailand; just trying to understand the motives.

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No, it is not the case.

Even if legally married, what was your before the marrige remains your during and after the marriage.

This is another of those issues that is not clear.

How about if I purchase a condo with cash that I had before the girl installed herself. This is simply exchanging one asset for another asset.

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The girl has no meaning, only a wife.

But for the precise details it is best to consult a competent lawyer. (My answer would be the same as yours, but of course the spouse will have the use of the fruits (in essence the right to also use the condo during the marriage and there is of course the question of the evidence. You must be able to show that you owned the money you bought the codo with before the marriage).

Again, consult a lawyer.

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No, it is not the case.

Even if legally married, what was your before the marrige remains your during and after the marriage.

How about "Possession Adverse" under the Civil and Commercial Code, book4, title 3, section1382?

Appparently if she is allowed to stay at the property without any kind of written agreement for a period of 10 years or longer she may claim ownership.

I think that has more to do with a person living on your land/in your house, than with a person living with you inside a house.

You could be right.

Sunbelt Asia referred to it on another site but they did not really clarify the ins and outs so I have no idea how this works in practicality.

The way I read was that if your GF moves into your condo without paying rent or formal lease agreement she could claim ownership after a period of 10 years.

Since Thais normally buy a condo for their Mia Noi and most foreigners seem to marry their GF within short tiime I guess there are no practical examples where this has been used to the disadvantage of the foreigner.

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Give her a thousand baht for a long taxi ride and a squeeze to see her off.

Make that 10,000 to 100,000 baht to help her relocate and start a new life....c'mon man...don't be a cheap Charlie...

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....you better be careful....sounds like someone is trying to set you up....don't take 'hearsay' as fact..especially where assets are concerned....

...has your relationship worn thin...???

Edited by SOTIRIOS
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No, she is entitled to absolutely nothing at all. You are not married, i assume there is no contract or you wouldn't be posting your question. It's just a relationship that's ended that's all,, same as anywhere else.

My advice is get her out as quickly as possible but try not to antagonize her too much, you never know about family and friends.

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Hang on, if a company owns the house, how can she claim a share?

Perhaps she is one of the Thai shareholders that "own" 51% of the company?

On the advice of my lawyer, I have just transferred the shares in my company from the original proxy shareholders put in place by the previous owner of the condo into the names of my girlfriend and her son. I'm still the only director of the company so I'm the only person that can sign documents etc.

Alan

Why? Poor advice..

Sent from my iPad using Thaivisa Connect Thailand mobile app

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