thrilled Posted April 17, 2014 Share Posted April 17, 2014 I've been led to believe Thai's have a lot of power in Thailand.I was told to get A 30 year lease.That way maybe you can never sell it If she don't want to ,but then you can live there. Link to comment Share on other sites More sharing options...
personchester Posted April 17, 2014 Share Posted April 17, 2014 Should your wife not agree to sell the house, then go to a lawyer and matters will be sorted in a positive manner. I know two outcomes where the house had to be sold 1.) Husband and wife went to lawyers and after after the court case, the result was 50 / 50 % each. 2.) Husband and wife also used lawyers, court result was 60% for the Husband and 40% for the wife. But firstly dry to arrange an agreement with your wife in order to sell the house, because to engage lawyers and the courts is very expensive and the financial sales value of the house is heavily reduced due to those expenses. 1 Link to comment Share on other sites More sharing options...
VINCENT2012 Posted April 17, 2014 Share Posted April 17, 2014 if you are divorce ...she is not your wife anymore so you can not force her to do anything. i think you are the X...enime one who loose a house.(perhaps also the car?) when are the foreigners learning how to do things?this country is like a casino, the laws are made for you to loose ....if you dont controll at least your wife. my advice: never get a pussy from a bar or in internet never buy land and house before few years of comun life together.... renting is a very good option never give money to her or her family, make her work somewhere instead or she will get fat and more leasy. never pay for coruption stories thats the way i live and everything is fine. 1 Link to comment Share on other sites More sharing options...
VINCENT2012 Posted April 17, 2014 Share Posted April 17, 2014 (edited) I've been led to believe Thai's have a lot of power in Thailand.I was told to get A 30 year lease.That way maybe you can never sell it If she don't want to ,but then you can live there. you can make a 30 years contract lease renewable 2 more times....so 90 years in total. a lawyer knows how to do it. you also can sell your contract later to another farang person, so it is like if you sell the house and you money is back. the renter is the one who can only use the house untill the end of the contract. Edited April 17, 2014 by VINCENT2012 Link to comment Share on other sites More sharing options...
Popular Post ExpatOilWorker Posted April 17, 2014 Popular Post Share Posted April 17, 2014 Before you divorced your wife, you should have told her you just inherited a large sum of money and you really wanted to build a new and even bigger house. She would be over the moon with joy and you might even got laid that night while you are looking through designs for this new mansion. Next morning you call in a construction team with a small bulldozer to level the old house.....and then you take a taxi to the airport with a big fat grin on your face. 5 Link to comment Share on other sites More sharing options...
larsjohnsson Posted April 17, 2014 Share Posted April 17, 2014 Should your wife not agree to sell the house, then go to a lawyer and matters will be sorted in a positive manner. I know two outcomes where the house had to be sold 1.) Husband and wife went to lawyers and after after the court case, the result was 50 / 50 % each. 2.) Husband and wife also used lawyers, court result was 60% for the Husband and 40% for the wife. But firstly dry to arrange an agreement with your wife in order to sell the house, because to engage lawyers and the courts is very expensive and the financial sales value of the house is heavily reduced due to those expenses. When they have divorced a few months ago, she is not his wife. To pay lawyers and try to get 50 , 40, 30, 20 or 10% back is just waste of money Link to comment Share on other sites More sharing options...
ppmacready Posted April 17, 2014 Share Posted April 17, 2014 Assuming ALL your mates advised you NOT to put the house in her name. Why not go back to the person who advised you in the first place? Link to comment Share on other sites More sharing options...
larsjohnsson Posted April 17, 2014 Share Posted April 17, 2014 (edited) I didn't need any advice about that. When I meet a girl in my home country, I don't buy land and house for her. So why would I do it in Thailand ? Edited April 17, 2014 by larsjohnsson 1 Link to comment Share on other sites More sharing options...
aussiebebe Posted April 18, 2014 Share Posted April 18, 2014 I have a Thai wife and can't help but smile at the OP's question - its very optomistic to believe that no money has been borrowed against the home. Link to comment Share on other sites More sharing options...
slipperylobster Posted April 18, 2014 Share Posted April 18, 2014 if you are divorce ...she is not your wife anymore so you can not force her to do anything. i think you are the X...enime one who loose a house.(perhaps also the car?) when are the foreigners learning how to do things?this country is like a casino, the laws are made for you to loose ....if you dont controll at least your wife. my advice: never get a pussy from a bar or in internet never buy land and house before few years of comun life together.... renting is a very good option never give money to her or her family, make her work somewhere instead or she will get fat and more leasy. never pay for coruption stories thats the way i live and everything is fine. you sir...are correct. Link to comment Share on other sites More sharing options...
slipperylobster Posted April 18, 2014 Share Posted April 18, 2014 (Referring to the Naive Newbee) Sex is just something they do not hold back on. It is strange that we put so much value on it and they do not. Hardly and Farang I know (there are exceptions) marry virgins....they marry girls with prior relationships and kids. Property is unobtainable...it is the law. There are some angles like long term leasing from the wife..that hardly ever works, especially when you are surrounded by her friends and relatives. The lawyers and police just want to cut in on her profits, when things go wrong. You have no support system here in Thailand, whereas the ladies have everything. Absolutely the only thing you can do to protect yourself is to rent. If she runs away from this, then she was not worth the money anyways. You might consider renting and just split what a house would have cost, between two accounts...hers and yours. For instance, the imagined mortgage. Also split the "never will happen" down payment on a home and put half in her account. If she wants to buy....let her buy after she has saved for 5 to ten years. Some of us saved longer. It will then be her house and you can still live there if there is no divorce We Link to comment Share on other sites More sharing options...
personchester Posted April 18, 2014 Share Posted April 18, 2014 (edited) Should your wife not agree to sell the house, then go to a lawyer and matters will be sorted in a positive manner. I know two outcomes where the house had to be sold 1.) Husband and wife went to lawyers and after after the court case, the result was 50 / 50 % each. 2.) Husband and wife also used lawyers, court result was 60% for the Husband and 40% for the wife. But firstly dry to arrange an agreement with your wife in order to sell the house, because to engage lawyers and the courts is very expensive and the financial sales value of the house is heavily reduced due to those expenses. When they have divorced a few months ago, she is not his wife. To pay lawyers and try to get 50 , 40, 30, 20 or 10% back is just waste of money She was his wife, and he has no doubt a copy of the marriage certificate to prove it, and he should also be able to prove that he provided the money to buy the house. In those circumstances if the wife does not want to sell then he should see a lawyer and the end result would be ... 1).That the wife will be removed in court from the ownership, and he becomes the legal owner, but he must sell the house within one year. 2). The Thai wife might be given some benefits and such results can be achieved prior to court between the two lawyers, or finally the court case. Generally the farang husband who can prove that he provided the money will receive not less than 50% from the sales value, but in many cases he receives more than 50%.. Nevertheless, husband and wife should personally agree to sell the house in order to avoid the legal expenses and the husband should offer 40% of the sales value to the divorced wife. Edited April 18, 2014 by personchester Link to comment Share on other sites More sharing options...
larsjohnsson Posted April 18, 2014 Share Posted April 18, 2014 (edited) Should your wife not agree to sell the house, then go to a lawyer and matters will be sorted in a positive manner. I know two outcomes where the house had to be sold 1.) Husband and wife went to lawyers and after after the court case, the result was 50 / 50 % each. 2.) Husband and wife also used lawyers, court result was 60% for the Husband and 40% for the wife. But firstly dry to arrange an agreement with your wife in order to sell the house, because to engage lawyers and the courts is very expensive and the financial sales value of the house is heavily reduced due to those expenses. When they have divorced a few months ago, she is not his wife. To pay lawyers and try to get 50 , 40, 30, 20 or 10% back is just waste of money She was his wife, and he has no doubt a copy of the marriage certificate to prove it, and he should also be able to prove that he provided the money to buy the house. In those circumstances if the wife does not want to sell then he should see a lawyer and the end result would be ... 1).That the wife will be removed in court from the ownership, and he becomes the legal owner, but he must sell the house within one year. 2). The Thai wife might be given some benefits and such results can be achieved prior to court between the two lawyers, or finally the court case. Generally the farang husband who can prove that he provided the money will receive not less than 50% from the sales value, but in many cases he receives more than 50%.. Nevertheless, husband and wife should personally agree to sell the house in order to avoid the legal expenses and the husband should offer 40% of the sales value to the divorced wife. You say it yourself. If the wife doesn't want to sell, he should see a lawyer. But she is not his wife any longer. And she already have the house/land. He can not turn back the clock. Edited April 18, 2014 by larsjohnsson Link to comment Share on other sites More sharing options...
larsjohnsson Posted April 18, 2014 Share Posted April 18, 2014 I've been led to believe Thai's have a lot of power in Thailand.I was told to get A 30 year lease.That way maybe you can never sell it If she don't want to ,but then you can live there. But if you are realistic. How fun is it to sit alone in a house in the country side. Sourrended by your exwife and her friends and family. And everyone hate you and just like you to move. Link to comment Share on other sites More sharing options...
Farma Posted April 18, 2014 Share Posted April 18, 2014 (edited) Should your wife not agree to sell the house, then go to a lawyer (snip) Its too late for the op A court divorce would have had a property settlement as part of the verdict An umphur divorce includes a property split as part of the divorce Unless the op included a property split agreement in thr divorce he has missed the boat Edited April 18, 2014 by Farma Link to comment Share on other sites More sharing options...
foxteen Posted April 19, 2014 Share Posted April 19, 2014 Bare in mind that lots of Thais ladies knows about farangs in Thailand.Visas and money.They try and if can succeed they will be happy forever.Most all try the jackpot for own land and house.Rent is more safe but if you prepare to loose be it Link to comment Share on other sites More sharing options...
personchester Posted April 19, 2014 Share Posted April 19, 2014 (edited) I've been led to believe Thai's have a lot of power in Thailand.I was told to get A 30 year lease.That way maybe you can never sell it If she don't want to ,but then you can live there. But if you are realistic. How fun is it to sit alone in a house in the country side. Sourrended by your exwife and her friends and family. And everyone hate you and just like you to move. The wife's family might cause minor problems at the beginning in order to get the farang husband out, and if he does leave the house then they will increase their activities to such an extent that the fellow will move out in order to get a normal / better life. If a family does not act for this purpose then the wife can engage a criminal team to get him out. In order to avoid all of this, try to agree with your wife to sell the house and give her 40% of the sales value, if the wife does not agree to the sale then engage a lawyer to get matters positively sorted. Edited April 19, 2014 by personchester Link to comment Share on other sites More sharing options...
Kudel Posted April 19, 2014 Share Posted April 19, 2014 I've been led to believe Thai's have a lot of power in Thailand.I was told to get A 30 year lease.That way maybe you can never sell it If she don't want to ,but then you can live there. you can make a 30 years contract lease renewable 2 more times....so 90 years in total. a lawyer knows how to do it. you also can sell your contract later to another farang person, so it is like if you sell the house and you money is back. the renter is the one who can only use the house untill the end of the contract. There is no such thing as a 90 year lease in Thai law ,30 years is the maximimum one can put a lease on a property i wonder what lawyer told you this one that was recommended to you by one of those foreign property brokers i suppose. Link to comment Share on other sites More sharing options...
personchester Posted April 20, 2014 Share Posted April 20, 2014 T.I.T. This is Thailand you cannot force her to sell the house! She might agree to sell the house if you offer her a reasonable part of the house sales value, if she denies this go and engage a lawyer because you can not personally force her to sell the house. Your lawyer will get the matter sorted with the wife's lawyer, either prior to a court case, or after a court case, but the result will be to your advantage if you can prove that you provided 100% of the house purchase. Link to comment Share on other sites More sharing options...
Langsuan Man Posted April 20, 2014 Share Posted April 20, 2014 T.I.T. This is Thailand you cannot force her to sell the house! She might agree to sell the house if you offer her a reasonable part of the house sales value, if she denies this go and engage a lawyer because you can not personally force her to sell the house. Your lawyer will get the matter sorted with the wife's lawyer, either prior to a court case, or after a court case, but the result will be to your advantage if you can prove that you provided 100% of the house purchase. The OP admits that he is already divorced. She got the house why would she 'negotiate' now ? Link to comment Share on other sites More sharing options...
slipperylobster Posted April 20, 2014 Share Posted April 20, 2014 Bottom line... It seems many rush in to buy...to impress the girl and the family. In the end...the house (with a few exceptions perhaps) ends up back in the family (probably purchased on a family owned lot anyways) t Many say it is a good investment...and there are safe ways. Many build the first year....and so many lose. You know there are people who have an interest in making money quickly off these deals. They swear up and down its ok...but we know better. Link to comment Share on other sites More sharing options...
larsjohnsson Posted April 20, 2014 Share Posted April 20, 2014 T.I.T. This is Thailand you cannot force her to sell the house! She might agree to sell the house if you offer her a reasonable part of the house sales value, if she denies this go and engage a lawyer because you can not personally force her to sell the house. Your lawyer will get the matter sorted with the wife's lawyer, either prior to a court case, or after a court case, but the result will be to your advantage if you can prove that you provided 100% of the house purchase. She already have 100% of the house. What reasonable offer could could he give her then? Every offer he makes, would be less than she already have. Link to comment Share on other sites More sharing options...
aussiejon1604 Posted April 22, 2014 Author Share Posted April 22, 2014 Ok. Time to set the record straight and thank those on TVF who offered constructive posts to this topic. For those who didn't and couldn't help but offer up anything but, read on. Today I have told from one of Pattaya's leading solicitors that even though we have been divorced for 3 months the Common Property Law of assets accumulated during the marriage IE property, is still regarded a 50\50 split of value. The process: Try for a request of the 50% value. If this is not adhered to then a court will process the split. Determining factor is that because I paid for the property in full and can prove where 100% of the purchase price has come from, the ruling will be in my favor. I hope this helps others and even when you think the horse has bolted, closing the gate doesn't always mean a situation is beyond hope. Thanks to those who supported me in advising the advice of a lawyer. It has made all the difference. Cheers!!! Link to comment Share on other sites More sharing options...
personchester Posted April 22, 2014 Share Posted April 22, 2014 T.I.T. This is Thailand you cannot force her to sell the house! She might agree to sell the house if you offer her a reasonable part of the house sales value, if she denies this go and engage a lawyer because you can not personally force her to sell the house. Your lawyer will get the matter sorted with the wife's lawyer, either prior to a court case, or after a court case, but the result will be to your advantage if you can prove that you provided 100% of the house purchase. She already have 100% of the house. What reasonable offer could could he give her then? Every offer he makes, would be less than she already have. Bear in mind, the Thai wife becomes the owner of the house due to the fact that farang's are not legally allowed to become the owners. But it is well understood that the farang gives the money to the Thai wife to purchase the house in order to live together with her in the house.as a married couple. Should the wife decide to divorce, then she has to accept the sale of the house and he has the legal right to get a major part of the money back, and she will get 40% or less, depending on her morality If the wife does not agree to sell the house and get 40% from him after the sale, then he will have to engage a lawyer and legal matters will initially proceed between the two lawyers if not then it will be decided in court to his advantage. Legal matters are of course expensive, and it is therefore better for couples so complete a personal agreement in order to get those matters sorted. ... end of story. 1 Link to comment Share on other sites More sharing options...
personchester Posted April 22, 2014 Share Posted April 22, 2014 I didn't need any advice about that. When I meet a girl in my home country, I don't buy land and house for her. So why would I do it in Thailand ? Because in Thailand your are not allowed to buy a house ... In your home country you don't have to buy a house for the wife (certainly not a girl friend ) because you can buy the house yourself. In Thailand foreigners are legally not allowed to own a house, thus it is being done in the name of the wife because westerners are used to "own" their houses, and are not really happy to rent a house. Therefore they provide the money to the wife to purchase the house, and the wife receives the ownership of the house. But due to the fact that the money was 100% provided by the foreign husband, he has a legal right to recover the majority percentage from the house sales value. 1 Link to comment Share on other sites More sharing options...
larsjohnsson Posted April 22, 2014 Share Posted April 22, 2014 (edited) I didn't need any advice about that. When I meet a girl in my home country, I don't buy land and house for her. So why would I do it in Thailand ? Because in Thailand your are not allowed to buy a house ... In your home country you don't have to buy a house for the wife (certainly not a girl friend ) because you can buy the house yourself. In Thailand foreigners are legally not allowed to own a house, thus it is being done in the name of the wife because westerners are used to "own" their houses, and are not really happy to rent a house. Therefore they provide the money to the wife to purchase the house, and the wife receives the ownership of the house. But due to the fact that the money was 100% provided by the foreign husband, he has a legal right to recover the majority percentage from the house sales value. Yes I don't have to buy a house for a GF or wife in my home country.Neither do I have to buy a house for my GF or wife in Thailand. You talk like it's compulsory to buy a house in every country!!! Have you heard about renting? Or that's something new for you? And we all know about the farang having the legal right to recover the majority percentage of the sale value. It sounds good but in practise it doesn't really work Edited April 22, 2014 by larsjohnsson Link to comment Share on other sites More sharing options...
personchester Posted April 22, 2014 Share Posted April 22, 2014 (edited) I didn't need any advice about that. When I meet a girl in my home country, I don't buy land and house for her. So why would I do it in Thailand ? Because in Thailand your are not allowed to buy a house ... In your home country you don't have to buy a house for the wife (certainly not a girl friend ) because you can buy the house yourself. In Thailand foreigners are legally not allowed to own a house, thus it is being done in the name of the wife because westerners are used to "own" their houses, and are not really happy to rent a house. Therefore they provide the money to the wife to purchase the house, and the wife receives the ownership of the house. But due to the fact that the money was 100% provided by the foreign husband, he has a legal right to recover the majority percentage from the house sales value. Yes I don't have to buy a house for a GF or wife in my home country.Neither do I have to buy a house for my GF or wife in Thailand. You talk like it's compulsory to buy a house in every country!!! Have you heard about renting? Or that's something new for you? And we all know about the farang having the legal right to recover the majority percentage of the sale value. It sounds good but in practise it doesn't really work Hi, It is strange that you write ... > Have you heard about renting, or is this something new for you < In my posting above I did state ...> Westerners are used to "own" their house and are not really happy to "rent" a house < ... Therefore please read forum postings correctly, in order to avoid such a strange reply, in any event everyone knows about the renting procedure of either a single room, a flat, or a house, and the way of renting is nothing new to anybody. Moreover, those fellows used to renting and not buying are generally of working class with little money, hence the renting. I have been here for 14 years, and know many, many Westerners that did provide the money to their wife to buy a house in her name in order to avoid living a rented house, because they don't want to be in a rented house. I also now cases where the wife did divorce and wanted to keep the house , but the fellows went to lawyers and in each case the houses were ordered to be sold and they got 50 % plus of the sales value. Edited April 22, 2014 by personchester Link to comment Share on other sites More sharing options...
aussiejon1604 Posted April 22, 2014 Author Share Posted April 22, 2014 T.I.T. This is Thailand you cannot force her to sell the house! You might like to read my last post. Link to comment Share on other sites More sharing options...
naboo Posted April 22, 2014 Share Posted April 22, 2014 When my wife purchased her house, I needed to attend the land office to sign a document. I was told by the lady at the land office that this was to show that I was aware that my wife was purchasing a property and registering a mortgage at the land office. I was told that it also stated that as her married partner I would be held jointly liable for the debt in case of default, but as an alien I was not entitled to any claim on the land. My wiife was buying the house, she will pay it off, I have no problem with it not being mine, I do enjoy that I can live in it for free. Those of you buying your Thai partner a property, I wish you the best of luck. Those of you buying land in the belief it is yours legally, I hope it is. The one piece of advice I would give in the event of it going wrong, and this applies to the OP, you could tell your wife that the purchase of her property may be reported to the authorities for investigation as it is believed the money came from unclear sources, then show her the paper trail of where the money came from. Explain she she risks losing everything and its best to sell and split the cash. Link to comment Share on other sites More sharing options...
larsjohnsson Posted April 22, 2014 Share Posted April 22, 2014 (edited) I didn't need any advice about that. When I meet a girl in my home country, I don't buy land and house for her. So why would I do it in Thailand ? Because in Thailand your are not allowed to buy a house ... In your home country you don't have to buy a house for the wife (certainly not a girl friend ) because you can buy the house yourself. In Thailand foreigners are legally not allowed to own a house, thus it is being done in the name of the wife because westerners are used to "own" their houses, and are not really happy to rent a house. Therefore they provide the money to the wife to purchase the house, and the wife receives the ownership of the house. But due to the fact that the money was 100% provided by the foreign husband, he has a legal right to recover the majority percentage from the house sales value. Yes I don't have to buy a house for a GF or wife in my home country.Neither do I have to buy a house for my GF or wife in Thailand. You talk like it's compulsory to buy a house in every country!!! Have you heard about renting? Or that's something new for you? And we all know about the farang having the legal right to recover the majority percentage of the sale value. It sounds good but in practise it doesn't really work Hi, It is strange that you write ... > Have you heard about renting, or is this something new for you < In my posting above I did state ...> Westerners are used to "own" their house and are not really happy to "rent" a house < ... Therefore please read forum postings correctly, in order to avoid such a strange reply, in any event everyone knows about the renting procedure of either a single room, a flat, or a house, and the way of renting is nothing new to anybody. Moreover, those fellows used to renting and not buying are generally of working class with little money, hence the renting. I have been here for 14 years, and know many, many Westerners that did provide the money to their wife to buy a house in her name in order to avoid living a rented house, because they don't want to be in a rented house. I also now cases where the wife did divorce and wanted to keep the house , but the fellows went to lawyers and in each case the houses were ordered to be sold and they got 50 % plus of the sales value. A lot more westernes rent their house/apartment than own it. Both in Thailand and their homecountry. I have been here since 1985. Not that that matters. But I have seen and heard about hundreds of farangs that have lost all or nearly all of the house value when divorcing their GF/wife. Very very few that got 50% +. How many have you been reading about that got 50% or more in TV? Compared to those that got less or nothing?Sorry about the quote before. It should be a quote from the post above my post Edited April 22, 2014 by larsjohnsson Link to comment Share on other sites More sharing options...
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