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Posted

Hi Folks,

My wife wants to get a loan with the bank, which she will pay off herself for buying a house/land. Which will ofcourse not belong to me.

What would happen in case of a divorce? Am I equally eligable to pay off the debt of my wife, eventough the house is not in my name and can never belong to a foreigner? We did not made a prenuptial agreement...

What about debt on credit cards after divorce?

Thanks for letting me know.

TB

Posted

If the loan and house ownership papers are all under her name without mentioning your name,

than she's the sole person responsible for the debt, just make sure you don't sign as a guarantor

or witness or anything...

Posted

As Ezzra says don't sign anything. It is quite possible that if the bank find out that you are married and thus assume you are paying part of the mortgage they will want you to guarantee it. In terms of mortgages they are becoming very difficult to get in any case, even for Thais

SDM

  • Like 1
Posted

When I was married, this fist rule always lingered in my mind: All assets/debts aquired during marriage will be equally divided upon divorce.

Maybe the laws changed. Just one advice is: be aware!

  • Like 2
Posted

A loan to pay it off? It was her house to start with from a previous marriage?

Why would you want to do that? Help her out on her monthly mortgage payments...as long as you are allowed in the house.

You may find yourself missing from the equation after she gets approved for the loan. Or the house sold and you holding a credit liability

Posted

Under Thai law, as I understand it, both spouses are responsible for one another's debt. If your wife reneged on payments, you would be liable. Once divorced, your liability for any previous debts incurred by your ex-wife would end. Worth checking with a lawyer - plenty of them give free advice, including one firm on this website.

Posted

Under Thai law, as I understand it, both spouses are responsible for one another's debt. If your wife reneged on payments, you would be liable. Once divorced, your liability for any previous debts incurred by your ex-wife would end. Worth checking with a lawyer - plenty of them give free advice, including one firm on this website.

Krataiboy - of course you're right to suggest professional opinion but the "free" service here reflects, like other things in Thailand, "you get what you pay for". The legal responses to TV questions is cursory at best, incomplete and erroneous on occasion. Buyer beware!

Posted

you can always go back to belgium, in case of a divorce

she can be declared bankrupt and give the house back to... THE BANK who owns it anyway till your last payment is done

why dont you buy a condo in your name ?

Posted

When I was married, this fist rule always lingered in my mind: All assets/debts aquired during marriage will be equally divided upon divorce.

Maybe the laws changed. Just one advice is: be aware!

laugh.png Freudian slip there DL? Although "fist rule" reminds me of my first divorce.......and it wasn't MY fist.w00t.gif

Posted

good advice check with a lawyer if you do divorce you are not involved in the loan.pay something towards the loan as rent to live there.maybe have it written down somewhere as well

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