abc789 Posted January 28, 2014 Share Posted January 28, 2014 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 ? Link to comment Share on other sites More sharing options...
Popular Post Mario2008 Posted January 28, 2014 Popular Post Share Posted January 28, 2014 No, it is not the case. Even if legally married, what was your before the marrige remains your during and after the marriage. 6 Link to comment Share on other sites More sharing options...
Soutpeel Posted January 28, 2014 Share Posted January 28, 2014 Common law marriage is not recognised in thailand 1 Link to comment Share on other sites More sharing options...
wym Posted January 28, 2014 Share Posted January 28, 2014 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. 2 Link to comment Share on other sites More sharing options...
meom Posted January 28, 2014 Share Posted January 28, 2014 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. Link to comment Share on other sites More sharing options...
wym Posted January 28, 2014 Share Posted January 28, 2014 Have you ever experienced a TG taking advantage of that law? Not much to do with the OP is it? Link to comment Share on other sites More sharing options...
meom Posted January 28, 2014 Share Posted January 28, 2014 ^ LOL Not yet. Link to comment Share on other sites More sharing options...
Card Posted January 29, 2014 Share Posted January 29, 2014 Give her a thousand baht for a long taxi ride and a squeeze to see her off. 2 Link to comment Share on other sites More sharing options...
Mario2008 Posted January 29, 2014 Share Posted January 29, 2014 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. Link to comment Share on other sites More sharing options...
bimmerbob Posted January 29, 2014 Share Posted January 29, 2014 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? Link to comment Share on other sites More sharing options...
Eneukman Posted January 29, 2014 Share Posted January 29, 2014 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 Link to comment Share on other sites More sharing options...
bender92 Posted January 29, 2014 Share Posted January 29, 2014 (edited) Watch your back! She has Thai friends and family. Edited January 29, 2014 by bender92 Link to comment Share on other sites More sharing options...
BlackJack Posted January 29, 2014 Share Posted January 29, 2014 yes she can make threats about your business set up and any other close to the line things you have been doing this is how they usually scare farangs as pillow talk is the worst thai888 Link to comment Share on other sites More sharing options...
bimmerbob Posted January 29, 2014 Share Posted January 29, 2014 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. Link to comment Share on other sites More sharing options...
12DrinkMore Posted January 29, 2014 Share Posted January 29, 2014 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. Link to comment Share on other sites More sharing options...
Mario2008 Posted January 29, 2014 Share Posted January 29, 2014 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. Link to comment Share on other sites More sharing options...
stgrhe Posted January 29, 2014 Share Posted January 29, 2014 Thai law is very clear on matters who owns what. Everyting an individual own prior to marrige is his/her own possession and referred to as "sin somros". 1 Link to comment Share on other sites More sharing options...
recycler Posted January 29, 2014 Share Posted January 29, 2014 You may consider not to hold on to the wardrobe that you've bought for yer ;-) Link to comment Share on other sites More sharing options...
Popular Post hansnl Posted January 29, 2014 Popular Post Share Posted January 29, 2014 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 Your lawyer advised you to do this? Now, this is what you might call a good lawyer. Not for you, of course, but for your girlfriend & son and I presume a very hefty share for the lawyer. Prepare yourself to say bye-bye to your company and your money! You may be the only director, but I presume you have 49% of the shares? Had a friend who did the same. One year after the transfer he lost the company, the house plus contents being part of the company. The same lawyer who advised the transfer did the eviction. Which is of course a nice touch. But the grilfriend got 50%, and the lawyer the rest........ 3 Link to comment Share on other sites More sharing options...
meom Posted January 29, 2014 Share Posted January 29, 2014 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. Link to comment Share on other sites More sharing options...
ggt Posted January 29, 2014 Share Posted January 29, 2014 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... 2 Link to comment Share on other sites More sharing options...
sirchai Posted January 29, 2014 Share Posted January 29, 2014 If you and your Thai partner have lived together for more than 2 years is your partner entitled to anything should you split up ? Only if you are not capable to make delicious papaya salad.- Link to comment Share on other sites More sharing options...
Mario2008 Posted January 29, 2014 Share Posted January 29, 2014 Op did not state he was planning a split. Link to comment Share on other sites More sharing options...
siddv Posted January 29, 2014 Share Posted January 29, 2014 Maybe not but are you really going to get a good nights sleep in that house ever again? This is Thailand remember !!! Link to comment Share on other sites More sharing options...
realenglish1 Posted January 29, 2014 Share Posted January 29, 2014 You have lived with her for 2 years Don't be a schmuck. Give her some money and tell her its over. She put as much into the relashionship as you did for that period Legally you don't owe her anything but be a man and give her something 2 Link to comment Share on other sites More sharing options...
SOTIRIOS Posted January 29, 2014 Share Posted January 29, 2014 (edited) ....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 January 29, 2014 by SOTIRIOS Link to comment Share on other sites More sharing options...
abc789 Posted January 29, 2014 Author Share Posted January 29, 2014 To clear a few things up. She is not a shareholder and there is no sign of us splitting up, as yet. I just wanted to cover my back in the worse case scenario. Link to comment Share on other sites More sharing options...
GAZZPA Posted January 29, 2014 Share Posted January 29, 2014 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. Link to comment Share on other sites More sharing options...
abc789 Posted January 29, 2014 Author Share Posted January 29, 2014 To clear a few things up. She is not a shareholder and there is no sign of us splitting up, as yet. I just wanted to cover my back in the worse case scenario. Forewarned is forearmed and all that. Link to comment Share on other sites More sharing options...
rayongchelsea Posted January 29, 2014 Share Posted January 29, 2014 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 Link to comment Share on other sites More sharing options...
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