Common Law Wife

[brucegoniners]

Legally I doubt it. Morally, if she didn't do anything horrible you should help her get on her feet at least, if she can't do so on her own.

[impulse]

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

Just curious, if it's a condo, why have shareholders and not own it outright as an individual?

[billSMITH]

Was it the partner who informed op half is hers if they were to split?

[abc789]

Was it the partner who informed op half is hers if they were to split?

No a friend told me

[jonesthebaker]

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.

he states quite clearly that she has been there 2 years

[khrab]

Make sure before you kick her out to collect the back rent.

[penwithcris]

Was it the partner who informed op half is hers if they were to split?

[penwithcris]

Let's say that it's your girlfriend of 2 years who decides that the relationship is over. Maybe she's met another farang or decides to return to her Thai boyfriend. Will she be sitting at home fretting about how much she should pay YOU to compensate you for the months you spent together?

Will she be computing the disproportionate amount you doubtless invested in the relationship, and be considering taking out a bank loan in order to offer you compensation?

Of course she won't and neither should you be.

If she's reasonably young and attractive she has every prospect of starting a new relationship

There is no indication that you abused her or treated her badly during the short time you were together. Nothing that her family should get all steamed up about.

Good luck!

[flyingdoc]

Ever thought of negotiating amicably?

[wym]

If you were giving her a salary/allowance, might consider a month or two's severance.

But only payable after she's completely moved out and found another boyfriend so you know she won't keep coming back.

[Nignoy]

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........

Be wary of lawyers I had something similar happen to me in Germany with my 2nd wife, I had my own house before I met her, after a long painful marriage, the devil claimed her spirit, even though her name was nowhere on the house papers she had 2 years prior to her death taken out a loan , forged my signature using the house as security, 2 weeks after her death, solicitor came round with the loan agreement, on the date the contract was signed I was working overseas as a military advisor ,but because of the nature of the work I could not get written proof that I was not in Germany at the time ,even my exit and re-entry stamps in my passport were not accepted by the high court, The solicitor now lives in my house in minden bastard!!

[bimmerbob]

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

Just curious, if it's a condo, why have shareholders and not own it outright as an individual?

From what little I understood when in Thailand, farangs can own condos outright, provided there is at least a combined 45% 'interest' in the building by farangs. Do correct me if I am wrong.

[Ghostnigel]

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.

Sh*t advice, don't you read the other posts? He just wants to cover himself, they are still ok together, so why kick her out asap? Read the post before yours...

[Langsuan Man]

Just curious, if it's a condo, why have shareholders and not own it outright as an individual?

Probably because there was no farang quota available (see next response)

From what little I understood when in Thailand, farangs can own condos outright, provided there is at least a combined 45% 'interest' in the building by farangs. Do correct me if I am wrong.

It is 49% of farang ownership in a condo, not 45%. The reason is so that Thais will always be the 51% majority. There are a few exceptions to this 49/51% rule, like when the Thai government relaxed the rules during the 97 Economic Crisis so you will find a few condos where the farangs are in the majority. Center Condo in Pattaya for instance is one

Edited January 30, 2014 by Langsuan Man

[cosmont]

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

Basic Advise = NEVER involve your Thai gf, wife with your business or properties.

Being Director give you the power to sign documents, correct, but the legal owner of the company (with 51% shares) can decide to revoke your power anytime and grant the power to someone else and also legally own 51% of the company properties...

[cosmont]

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

Just curious, if it's a condo, why have shareholders and not own it outright as an individual?

I guess because the farang quota of ownership for this condo has been reach...