Seperating assets after marriage

[divorse]

After a marriage of 17 years, we decided to go our own ways. We grew apart already many years

We are not rich, we are both working. We decided following mutually

1. She will keep the house and pay the mortgage for another 8 years or so.

2. She will keep the very old car and motorbike (both paid for)

3. I will keep the very new car, and she will pay the finance of the car. After payments are done, she will transfer the car into my name.

4. I will keep the new motorbike.

5. First I will move to a room (1-2 months) After I find a house (rent), I will collect some furnuture.

6. We stay official married for another 4-6 month. Untill I find another way foir my visa requirements.

If we agree this mutual on paper and sign, will this be enough.

[AlexRRR]

I dout that very much, get her to refinance the house and pay out the car, people change a lot even the ones you have known for years, if thats not possible and you want to keep the status quo....good luck you might need it.

[glegolo]

There is only one possible explanation that she will accept this extremely lousy agreement. "She has another guy (thai) on the hook and she is playing both sides just now....

Be careful, if you use people like that, it will bite you in the arse in the end..

Glegolo

[Alwyn]

Normally it would but you would be better off if you visit a lawyer together and pay him to draft and witness etc.. Even that will mean nothing if it goes tits up and she has a major changing of her mind as you well know after all of your years in the country!

[connda]

Yes it will be enough. However, I suggest you have a lawyer draw up a legally binding separation of assets referencing the agreement you have made prior to divorcing. Sort of like a per-nuptial, but it's a post-divorce. Present the agreement and dissolve the marriage at the Amphur that your wife's Housebook is registered in. If your both in agreement, once the papers are signed at the Amphur - it's done. If either of you renege at a later time, the other can go to court to seek enforcement. Best of luck.

Edited August 16, 2014 by connda

[Don Aleman]

AFTER 3 DIVORCES IWA SEPARATED FROM ALL MY ASSETS !

[davidmann]

AFTER 3 DIVORCES IWA SEPARATED FROM ALL MY ASSETS !

Your Lucky ,i seem separated from all my assets before Divorce , warning ,what ever you buy in thailand house they seem to get away ,i can see,Funny side ,maybe next life ill come back thai lady ,i know all the tricks ,recon same as many , ill have nice big house ,nice new car and lots gold ,

[Beetlejuice]

If we agree this mutual on paper and sign, will this be enough.

Yes and no.

If the agreement is drawn out by a reputable lawyer, stamped and sealed and then signed by both you and your wife and counter signed by a witness, the lawyer, than this agreement becomes legal and binding.

But if it is just a case of making the agreement on a piece of paper and then on a hope and a prayer that the wife will abide by it, than that agreement is not worth the paper it`s written on and in a court of law the so-called agreement could be regarded as a negation, meaning under the law the agreement is not completed in the correct formula and format and therefore cannot be considered as a bona-fife contract or agreement under the law.

My advice is; to confirm that your terms regarding the dissolving of the said marriage is acceptable with your wife, you should make an appointment to visit a lawyer and get your wife to sign on the dotted line and then it`s cut and dry. Otherwise whatever methods you use pertaining to an end of marriage contract or promise, you do so at your own discretion.

[GOLDBUGGY]

No! Your greatest asset from this marriage is the new car and you are expecting her to first pay it off for you, and next sign it over to you. A Very Bad Idea!

She will probably find herself in enough financial trouble keeping up with the mortgage and monthly bills by herself. It might end up with the police coming to your place to take back this stolen car and return it to her. In this way she then can sell it, or her old car, and some of your furniture at the same time. .

I have been divorced 2 time and I can honestly say that there is no such thing as a good divorce. But if you have one you should make it a clean break and clear away any loose ends before you leave and not to tie up latter.

Get her to take out another loan to pay off the car then sign it over to you before you do anything else. If I had a Baht for ever time one of my x-wives said to me that I would never do that to you, then did, I would be a very rich man today. .

[Mister T]

She WILL bleed you to the max. You will keep getting calls saying she can't afford the payment this month "can you help me just once".She will need help to repair the old car, the house roof, the washing machine. The best one will be when she says "I have to give your bike/car to my "brother" he has no way to look for work. Oh, and "he" will be staying with me for a while because he can't pay rent. Get lawyered up before you do anything.

[bushwacker]

People change with time. As you move away her mind will be working on your history and she will re-write it. If you seem to be doing better than her that will cost you. If you are going to end it ... then end it.

Many people have posted on this site that once the break up has happened then they get shafted. What is stopping her from a few months down the road simply giving a cop a 1000 baht to accompany her to your room and take over the car which is in her name. Remember, no agreements are legally binding between husband and wife.

Good luck.

[GAZZPA]

AFTER 3 DIVORCES IWA SEPARATED FROM ALL MY ASSETS !

Your Lucky ,i seem separated from all my assets before Divorce , warning ,what ever you buy in thailand house they seem to get away ,i can see,Funny side ,maybe next life ill come back thai lady ,i know all the tricks ,recon same as many , ill have nice big house ,nice new car and lots gold ,

Buddism at its best. There is much more to life then big house, car and gold.

Maybe figure that out first and you may end up being happy.

[BrooklynNY]

Easily said than done.

1. She will keep the house and pay the mortgage for another 8 years or so.

- 8 years are very long time and your wife may change her mind.

2. She will keep the very old car and motorbike (both paid for)

- She has nothing to lose.

3. I will keep the very new car, and she will pay the finance of the car. After payments are done, she will transfer the car into my name.

- I have a hunch that she would not keep that promise.

If we agree this mutual on paper and sign, will this be enough.

- Despite of a signed agreement. She could break the agreement. You (may) would end up to hire a lawyer (pay a lot of money and time consuming) to take her to court. You do not speak fluent Thai and you would not know what other Thais talk in front of you against you while they are smiling at you.

I am Thai, I have read a lot of Thai language forums and have learned a lot about Thai mentality in Thailand that even among Thais I would not trust them but myself.

Choke dee.

Edited August 17, 2014 by BrooklynNY

[belg]

divorce and do a 50/50 split on the house & car

[rucus7]

divorce and do a 50/50 split on the house & car

Sound advice.

[96tehtarp]

Will you have any recourse after she has failed to make several payments on the new car and it has been repossessed? If the answer is no, think of a way to put your recourse into the agreement. Also consider what happens if she dies before the car is paid off.

Other than the above, I don't see any problems with your plan. Your next step should be to write up the agreement yourself in English to the best of your ability and collect the documentation you will need. eg. House = what house, where, deed title number. etc. Old car = what car, model, make , year. color, registration number. Do as much of the lawyer's work as possible and write it all up.

Translate your agreement into Thai. It costs roughly 500 baht per page. Then hand it over to a lawyer to check and make additions or corrections. This doesn't need to cost 100k baht.

AFAIK divorce agreements are finalized in one of only two ways. Through the courts, or at the Amphur. Since your divorce is amicable (You are very lucky), you can finalize the divorce at the Amphur. Having your lawyer present at the Amphur will cost extra.

AFAIK any divorce agreement not finalized at either the Amphur or in court is not worth the paper it is written on. Don't take my word for it, open a topic in the "Ask The Lawyer Section".

Good luck.

[AnotherOneAmerican]

What will happen with your 'agreement'

1 She will keep the house.

2 She will stop making payments on the car within 6 months.

What you need to agree

Something where she is not required to make future payments on your stuff.

[The Man Who Sold the World]

Divorce:

After reading through this thread, there are two pieces of advice provided that should be followed, commonsense;

1) Revise the agreement with your soon to be ex for a clean break having neither party responsible to perform in the future (as in pay off this, or that, then sign over this or that) people and circumstances change on a daily basis. There is no way that circumstances will not change to impact or prevent either party from performing the actions agreed upon today.

and,

2) Seek and use legal services. The agreement (revised) should be registered in the form of a formal legal document accepted by the courts of law. Signed by both parties and their legal counsels.

Good luck.

[hanuman2543]

Read Sec 1469 of the Civil and Commercial Code.

[TallGuyJohninBKK]

Remember, no agreements are legally binding between husband and wife.

That's an important detail for the OP to understand.

Under Thai family law, any legal agreement executed between a husband and a wife can be voided by either party unilaterally, at any time during a marriage or within one year after divorce -- provided that the action doesn't financially harm any third-party.

So given that the OP and his wife are legally married now, the only way to legally enforce the terms of property division is through the actual divorce filing either at the Amphur or in court.

Anything the OP and the wife agree to now, and put in writing now, even with an attorney involved, can still be canceled by either party anywhere along the way -- until and unless those terms are actually made part of a divorce decree.

The wife may or may not understand that aspect of Thai law. But any attorney advising or representing her would most certainly know that.