House and divorce - do you really get 50%?

[Paulzed]

Why would you sign a paper stating that you purchased the house with your wifes money?????

[Jip66]

There are ways around this to cover yourself from being scammed by the Thai lady, my father first came to Thailand over 30yrs ago, married a Thai/Chinese lady, had a son & daughter with her, before they married he created a company which he owned 49% (the max a farang is allowed), the other 51% was divided between SEVEN different Thai's (most didn't even know they own a share in this company), then he bought the land for which he based his company & family home. You need to make sure the wife does NOT now these other share holders, so they can not group together to 'oast' you out of the company, as long as she can not get more shares than you she can not take the land/property away from you, all this NEEDS to be done BEFORE you marry her though, hope I have been of some help here

[Soutpeel]

There are ways around this to cover yourself from being scammed by the Thai lady, my father first came to Thailand over 30yrs ago, married a Thai/Chinese lady, had a son & daughter with her, before they married he created a company which he owned 49% (the max a farang is allowed), the other 51% was divided between SEVEN different Thai's (most didn't even know they own a share in this company), then he bought the land for which he based his company & family home. You need to make sure the wife does NOT now these other share holders, so they can not group together to 'oast' you out of the company, as long as she can not get more shares than you she can not take the land/property away from you, all this NEEDS to be done BEFORE you marry her though, hope I have been of some help here

And of course you know setting a company up to circumnavigate land ownership laws is illegal as well, so all your darling ex soon to be has to do is tell the authorities

[Jip66]

 

There are ways around this to cover yourself from being scammed by the Thai lady, my father first came to Thailand over 30yrs ago, married a Thai/Chinese lady, had a son & daughter with her, before they married he created a company which he owned 49% (the max a farang is allowed), the other 51% was divided between SEVEN different Thai's (most didn't even know they own a share in this company), then he bought the land for which he based his company & family home. You need to make sure the wife does NOT now these other share holders, so they can not group together to 'oast' you out of the company, as long as she can not get more shares than you she can not take the land/property away from you, all this NEEDS to be done BEFORE you marry her though, hope I have been of some help here

And of course you know setting a company up to circumnavigate land ownership laws is illegal as well, so all your darling ex soon to be has to do is tell the authorities

 

Only if the company you set up is bogus does this method become illegal, if the company is true & an actual working company then it is perfectly legal, like my fathers company was/is, yes it is still running to this day by my Thai step-mother, the company I will be setting up very soon will be a sub-company of her company, my step-mother will also be a part share owner of my company along with my half brother & my step-mother's sister, the land I intend to buy through my company is actually my g/f's family rice farm (which only makes 15,000B per year profit) & will turn it into a proper working farm, where her family will become my employee's, there will be no hand-out's coming from me, if they want money then come do some work for me (not that the parents will want for for a long time after I buy their 20 Rai farm for 1 million Baht (£20,000)

Edited June 5, 2014 by Jip66

[Jip99]

I don't know anybody in real life that got 50% of everything when divorced here.

I DID! As I said above I received in excess of 50% the house sale money, and took what furniture etc from the house that I wanted for my new home. The car was in my name, and whilst technically the ex could have demanded 50% of it's value, she was not aware of that fact! Apart from the house, the ex wife owned nothing!

Having paid everything for the house, and with her clearing off 8 years before the house was sold, leaving me to care for our daughter (11 at the time). I begrudged her every baht that she received. I even made her "donate" 100,000baht to our daughter as part of the house sale conditions.

Like I wrote I don't know anyone in real life that got 50%. Do we know each other ???

In which case, based on the few people that you do know, your comment was pointless!

[prakhonchai nick]

Jip 66 and Jip 99??

Should we introduce these 2 identities to each other?

[Jip66]

Jip 66 and Jip 99??

Should we introduce these 2 identities to each other?

Hello Jip 99!!!!.... ;-)

[hanuman2543]

I know about 4 foreigners who got 100% back after the divorce.When you can proof that the money the Thai spoose used to buy a property was 100% yours before the marriage or you aquired the money during marriage under the conditions of CCC Section 1471 and 1472 then the Family Judge has to follow the conditions of the 2 sections:

Section 1471. Sin Suan Tua consists of:

(1) property belonging to either spouse before marriage

(2) property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse

(3) property acquired by either spouse during marriage through a will or gift

(4) Khongman.

Section 1472. As regards to Sin Suan Tua, if it has been exchanged to other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall be Sin Suan Tua.

Where the Sin Suan Tua has been totally or partly destroyed but replaced by other property or the money, such other property shall be Sin Suan Tua.

Edited June 6, 2014 by hanuman2543

[Paul888]

This one of those topics where no matter how plausible and credible sounding the positive opinions and "experiences" may be, I can't help thinking that the reality will almost certainly be a different matter..... especially if you are dealing with an even half educated Thai spouse that cannot be manipulated into agreeing with your or your lawyer's interpretation of the law.

I also don't buy the idea that the "this is not my money and I have no claim on this asset" document is completely worthless but I do think it is a good idea that anybody who has bought a house for his wife or girlfriend takes a note of the law sections mentioned in this thread and makes sure they have evidence easily to hand of where the funds that they used to buy the house originally came from....... just in case.

[jocko]

Technically you are entitled to 50% of property acquired during a marriage. But in practice it does not usually work that way.

The house will be in the wife's name, and she would need to sell it so that you can have your 50%. But there is nothing to prevent the wife asking an outrageous price for the property, to ensure it is never sold and it remains hers to live in.

I had that problem 8/9 years ago. However eventually the ex wife was so broke that she wanted to sell the house for a realistic price. I then dug my heels in and agreed to a sale "on my terms", which left her with somewhat less than 50%

I should add that she could not sell without my permission, because I had a mortgage on the property in my name!

Thats good to know i have often wondered if you are in dispute with your wife/ ex wife about selling the house and she is dragging her heals about selling and of course she doesnt want to go to court after you see a lawyer about it does she by law have to go to court to settle dispute?

[falang07]

Indeed, I also wonder what reason could there be to require singing this document other than to make sure that the foreigner could not claim anything regarding it later on should the shit hit the fan and the assets were to be split... In my humble opinion, this is the only reason why they want you to sign this document at the land office, and I would feel really, really very strange looking at the officer asking me to sign this lie. As for me, it is a big NO.

Edited June 7, 2014 by falang07

[larsjohnsson]

I don't know anybody in real life that got 50% of everything when divorced here.

I DID! As I said above I received in excess of 50% the house sale money, and took what furniture etc from the house that I wanted for my new home. The car was in my name, and whilst technically the ex could have demanded 50% of it's value, she was not aware of that fact! Apart from the house, the ex wife owned nothing!

Having paid everything for the house, and with her clearing off 8 years before the house was sold, leaving me to care for our daughter (11 at the time). I begrudged her every baht that she received. I even made her "donate" 100,000baht to our daughter as part of the house sale conditions.

Like I wrote I don't know anyone in real life that got 50%. Do we know each other ???

In which case, based on the few people that you do know, your comment was pointless!

Not as pointless as yours

[larsjohnsson]

There are ways around this to cover yourself from being scammed by the Thai lady, my father first came to Thailand over 30yrs ago, married a Thai/Chinese lady, had a son & daughter with her, before they married he created a company which he owned 49% (the max a farang is allowed), the other 51% was divided between SEVEN different Thai's (most didn't even know they own a share in this company), then he bought the land for which he based his company & family home. You need to make sure the wife does NOT now these other share holders, so they can not group together to 'oast' you out of the company, as long as she can not get more shares than you she can not take the land/property away from you, all this NEEDS to be done BEFORE you marry her though, hope I have been of some help here

Create a company where most people don't know they own shares in the company !!

Ha ha how do you get them to sign it ??

[falang07]

I suppose you could simply find such people that do not even know what a share is

[falang07]

To follow up, since I have asked the same question in the Ask the lawyer section and none of the lawyers answered it, it is obvious what this means. You sign the paper = forget about your rights to the house.