jacksam Posted November 16, 2014 Share Posted November 16, 2014 The thai lady in question is not my gf. Here is her situation. Married for 10years to (French) man. No children. Her family has farm, father gives her some land. Husband builds fairly impressive home (his money) Things go bad couple years ago. She wants divorce and he wants his money back. Apart from house she has no idea how to divorce. He doesn't want to. Her options? Link to comment Share on other sites More sharing options...
ezzra Posted November 16, 2014 Share Posted November 16, 2014 The fair thing to do is for her to come to an amicable arrangements and to agree to the price of the house and pay the farang off either in lump sum or installments, because as it's stand the farang can prove that he paid to build the house and he has a legal standing over it, on the other hand, she can make his life difficult if she want to by being stubborn and uncooperative and drag this thing for ever, the question are, how honest and fair this women is, and dose she really want to amicably bring this saga to an end by doing the right thing? Link to comment Share on other sites More sharing options...
harrry Posted November 16, 2014 Share Posted November 16, 2014 The fair thing to do is for her to come to an amicable arrangements and to agree to the price of the house and pay the farang off either in lump sum or installments, because as it's stand the farang can prove that he paid to build the house and he has a legal standing over it, on the other hand, she can make his life difficult if she want to by being stubborn and uncooperative and drag this thing for ever, the question are, how honest and fair this women is, and dose she really want to amicably bring this saga to an end by doing the right thing? Only for half of it if it was bought during marriage. 2 Link to comment Share on other sites More sharing options...
rhodie Posted November 16, 2014 Share Posted November 16, 2014 The operative word being fair. I don't think he has much of a leg to stand on, so if she is fair all will be good. Problem is, she has no money so where to now? He lost the house, or she leaves him there and lives with the folks. I am sure you could mediate. Link to comment Share on other sites More sharing options...
Popular Post elgordo38 Posted November 16, 2014 Popular Post Share Posted November 16, 2014 NEVER sink money into real estate here especially if the wife has none and your using money you need to live on in retirement especially at this stage in life. Love and hate walk an awfully thin line. 9 Link to comment Share on other sites More sharing options...
MobileContent Posted November 16, 2014 Share Posted November 16, 2014 50:50 I would say. Legally married should give the farang half of it. He can't take the land but should be able to take the movables out. Link to comment Share on other sites More sharing options...
Popular Post HughJass Posted November 16, 2014 Popular Post Share Posted November 16, 2014 shes not going to pay him a satang he has no claim to the house as he does not own the land she can call the police and have him removed from her land no court in the Land of Scams is going to make her sell the house and give him his money back never put more into Lieland than you can afford to lose 7 Link to comment Share on other sites More sharing options...
metisdead Posted November 16, 2014 Share Posted November 16, 2014 Troll posts have been removed. Link to comment Share on other sites More sharing options...
Popular Post AnotherOneAmerican Posted November 16, 2014 Popular Post Share Posted November 16, 2014 (edited) Best option, Ask a Thai lawyer, not a foreigner (of his foreigner associates) Not your country, not your wife, not your business. Edited November 16, 2014 by AnotherOneAmerican 10 Link to comment Share on other sites More sharing options...
Popular Post Krataiboy Posted November 16, 2014 Popular Post Share Posted November 16, 2014 shes not going to pay him a satang he has no claim to the house as he does not own the land she can call the police and have him removed from her land no court in the Land of Scams is going to make her sell the house and give him his money back never put more into Lieland than you can afford to lose This is incorrect. All property acquired after the marriage is jointly owned. This includes the house IRRESPECTIVE of who bought it or who is named on the Land Registry documents as the owner. Both parties are entitled to half the proceeds of the land/house, once it has been sold. 10 Link to comment Share on other sites More sharing options...
Popular Post sanuk711 Posted November 16, 2014 Popular Post Share Posted November 16, 2014 shes not going to pay him a satang he has no claim to the house as he does not own the land she can call the police and have him removed from her land no court in the Land of Scams is going to make her sell the house and give him his money back never put more into Lieland than you can afford to lose Your obviously bitter from your own experience Hughjass--however because of it you are giving completely wrong advice, The courts will indeed order her to sell or come to an agreement re the house (if it was purchased after marriage) --in 18 years living here I have seen it time & time again, I have also seen some complete idiots--listen to bar advice from the bitter & twisted, & never try , Hence-- they walked away with nothing. 12 Link to comment Share on other sites More sharing options...
Popular Post kurnell Posted November 16, 2014 Popular Post Share Posted November 16, 2014 shes not going to pay him a satang he has no claim to the house as he does not own the land she can call the police and have him removed from her land no court in the Land of Scams is going to make her sell the house and give him his money back never put more into Lieland than you can afford to lose This is incorrect. All property acquired after the marriage is jointly owned. This includes the house IRRESPECTIVE of who bought it or who is named on the Land Registry documents as the owner. Both parties are entitled to half the proceeds of the land/house, once it has been sold. Correct. The law is very clear and cliched nonsense from posters above, who do not have a clue (surprise, surprise) should be highlighted for their idiocy 7 Link to comment Share on other sites More sharing options...
Popular Post HughJass Posted November 16, 2014 Popular Post Share Posted November 16, 2014 (edited) the thai apologists are out again as seen in the above three posts fact is even if it got to court and the court somehow decided to order the house onto the market a buyer would never be found as any potential purchaser will be WARNED OFF in some way or other as the house stands on the family land fact is he built the house on land that is owned by his wife/wifes family so at best he can lay claim to half of the building costs...pretty sure the farang husband has to sign to say he has no financial interest in the land when purchased not worth the hassle cut your loses and treat it as a lesson THERE IS NO BENEFIT BEING A FARANG AND GETTING MARRIED TO A THAI LADY... the only people that benefit are her and her family you still need a visa to stay here even after marriage you still cant own the land that you build your house on you will not be allowed to take your kids out of Thailand without her written consent you can end up having an "accident" in order for her and her family to acquire your assets...with virtually no chance of the law intervening she can instruct a lawyer to pursue your assets in your home country you still cant start a business unless its 51% owned by a thai teaching for peanuts is still an option I met an Aussie guy who was married to a thai woman for 6 years..he told me she was a lovely woman bought some land built a house,purchased a condo, ran a successful restaurant he came home from the hospital one day and told her he had throat cancer she told him the next day the marriage was over devastated he returned to Aus and 18 months of gruelling treatment came back and tried to arrange the divorce and retrieve 50% of the assets of the marraige the family then threatened to have him killed him if he tried said he would settle for the condo and she gets the rest......answer no being extremely sick at the time he let it go so all you apologists out there who think that sweet little wife of yours wouldnt stab you in the back if the situation turned bad I hope you have an escape plan in place as for me I wont be gettting married or buy anything i cant put in my name Edited November 16, 2014 by HughJass 14 Link to comment Share on other sites More sharing options...
benalibina Posted November 16, 2014 Share Posted November 16, 2014 he came home from the hospital one day and told her he had throat cancer she told him the next day the marriage was over Hmmm....brings back memories of what an elder( 55 yrs old) extended inlaw once told me what she would do if her Thai husband, who was slightly suffering from an illness, became really sick. It must be a mentality regardless of nationality of spouse. I remember that i was quite shocked to hear it. Link to comment Share on other sites More sharing options...
MexicanFarang Posted November 16, 2014 Share Posted November 16, 2014 "he wants his money back" Just because he was rich enough to build a Thai McMansion, doesn't mean he is smart. Didn't he see the sign on the bar wall? SORRY NO REFUNDS 2 Link to comment Share on other sites More sharing options...
Tony125 Posted November 16, 2014 Share Posted November 16, 2014 (edited) the thai apologists are out again as seen in the above three posts fact is even if it got to court and the court somehow decided to order the house onto the market a buyer would never be found as any potential purchaser will be WARNED OFF in some way or other as the house stands on the family land fact is he built the house on land that is owned by his wife/wifes family so at best he can lay claim to half of the building costs...pretty sure the farang husband has to sign to say he has no financial interest in the land when purchased not worth the hassle cut your loses and treat it as a lesson THERE IS NO BENEFIT BEING A FARANG AND GETTING MARRIED TO A THAI LADY... the only people that benefit are her and her family you still need a visa to stay here even after marriage you still cant own the land that you build your house on you will not be allowed to take your kids out of Thailand without her written consent you can end up having an "accident" in order for her and her family to acquire your assets...with virtually no chance of the law intervening she can instruct a lawyer to pursue your assets in your home country you still cant start a business unless its 51% owned by a thai teaching for peanuts is still an option I met an Aussie guy who was married to a thai woman for 6 years..he told me she was a lovely woman bought some land built a house,purchased a condo, ran a successful restaurant he came home from the hospital one day and told her he had throat cancer she told him the next day the marriage was over devastated he returned to Aus and 18 months of gruelling treatment came back and tried to arrange the divorce and retrieve 50% of the assets of the marraige the family then threatened to have him killed him if he tried said he would settle for the condo and she gets the rest......answer no being extremely sick at the time he let it go so all you apologists out there who think that sweet little wife of yours wouldnt stab you in the back if the situation turned bad I hope you have an escape plan in place as for me I wont be gettting married or buy anything i cant put in my name Boy you are bitter but you are partially correct, when buying LAND the farang has to state that the funds are strictly his wifes but if they are legally married not just the Buddah blessing but marriage is registered at the amphur and embassy if there is a diviorce any property and thinngs are considered joint ownership. He files for diviorce the court splits the marital property 50/50. If not legally married kiss the money good bye unless you can prove the funds for home came completely from the guy or if a lease or usufruct has been made. Otherwise the money will be considered a gift. If he won't grant her a diviorce I think she can check with a lawyer or Amphur that she has to wait 3 years before being granted a diviorce she files. One thing with your story you said he told her he would settle for the condo she could keep the rest. Why wasn't the condo bought in his name? Thats the reason why most farangs buy a condo , because they can own it outright. If your sooo blinded by love that you don't watch out for yourself who else will? Edited November 16, 2014 by Tony125 2 Link to comment Share on other sites More sharing options...
benalibina Posted November 16, 2014 Share Posted November 16, 2014 If your sooo blinded by love that you don't watch out for yourself who else will? The person who he/she loves, one expects/hopes........ Link to comment Share on other sites More sharing options...
HughJass Posted November 16, 2014 Share Posted November 16, 2014 the thai apologists are out again as seen in the above three posts fact is even if it got to court and the court somehow decided to order the house onto the market a buyer would never be found as any potential purchaser will be WARNED OFF in some way or other as the house stands on the family land fact is he built the house on land that is owned by his wife/wifes family so at best he can lay claim to half of the building costs...pretty sure the farang husband has to sign to say he has no financial interest in the land when purchased not worth the hassle cut your loses and treat it as a lesson THERE IS NO BENEFIT BEING A FARANG AND GETTING MARRIED TO A THAI LADY... the only people that benefit are her and her family you still need a visa to stay here even after marriage you still cant own the land that you build your house on you will not be allowed to take your kids out of Thailand without her written consent you can end up having an "accident" in order for her and her family to acquire your assets...with virtually no chance of the law intervening she can instruct a lawyer to pursue your assets in your home country you still cant start a business unless its 51% owned by a thai teaching for peanuts is still an option I met an Aussie guy who was married to a thai woman for 6 years..he told me she was a lovely woman bought some land built a house,purchased a condo, ran a successful restaurant he came home from the hospital one day and told her he had throat cancer she told him the next day the marriage was over devastated he returned to Aus and 18 months of gruelling treatment came back and tried to arrange the divorce and retrieve 50% of the assets of the marraige the family then threatened to have him killed him if he tried said he would settle for the condo and she gets the rest......answer no being extremely sick at the time he let it go so all you apologists out there who think that sweet little wife of yours wouldnt stab you in the back if the situation turned bad I hope you have an escape plan in place as for me I wont be gettting married or buy anything i cant put in my name Boy you are bitter but you are partially correct, when buying LAND the farang has to state that the funds are strictly his wifes but if they are legally married not just the Buddah blessing but marriage is registered at the amphur and embassy if there is a diviorce any property and thinngs are considered joint ownership. He files for diviorce the court splits the marital property 50/50. If not legally married kiss the money good bye unless you can prove the funds for home came completely from the guy or if a lease or usufruct has been made. Otherwise the money will be considered a gift. If he won't grant her a diviorce I think she can check with a lawyer or Amphur that she has to wait 3 years before being granted a diviorce she files. One thing with your story you said he told her he would settle for the condo she could keep the rest. Why wasn't the condo bought in his name? Thats the reason why most farangs buy a condo , because they can own it outright. If your sooo blinded by love that you don't watch out for yourself who else will? I may come across as bitter Tony but nobody here has ripped me off apart from a few hundred baht here and there i am just a realist who has observed that in Thailand the cards are stacked against you...the game is rigged no harm in playing the game if u play by your own rules buy a condo in your own name or better still rent....help her family improve their own accomodation (if poor) and treat that cash as a gift if u must marry just do the village wedding (meaningless in thai law)to keep the family happy with 100k on the tray which will also pay for wedding costs borrow the gold or buy some and sell it back to the shop after the ceremony keep all your assets offshore and transfer cash as you need it that way you are worth more alive than dead on a lighter note i do help out some relatives of my g/f they are two elderly sisters who suffer from achondroplasia/dwarfism see i do have a heart after all LOL https://www.facebook.com/ben.hare.756/media_set?set=a.1394475570776109.1073741827.100006410378613&type=3 2 Link to comment Share on other sites More sharing options...
Ulic Posted November 16, 2014 Share Posted November 16, 2014 It does not matter how much he spent building the place only the value of the house (not land) now. ie. what it could be sold for.Probably less than half of what he spent. The house is half hers so he will maybe get 25% of what he spent to build it. Probably best for him to get whatever he can and walk away. A hard expensive lesson. Of course he could also bring in a bulldozer flatten the whole thing and go for a lose-lose. Of course a fair settlement by both parties is more desirable, but does she/her family have any money? Link to comment Share on other sites More sharing options...
NeverSure Posted November 16, 2014 Share Posted November 16, 2014 (edited) I'm stuck on the comment that the house was built on land that the father gave her. Legally and recorded, or just verbal? Who owns the place? His standing would be a lot more clear if he had also paid for the land. If the father owns the land, how do you force him to sell? I'm with Transam. Bend over and kiss it goodbye. Edited November 16, 2014 by NeverSure 1 Link to comment Share on other sites More sharing options...
Popular Post Strangebrew Posted November 16, 2014 Popular Post Share Posted November 16, 2014 Well You could go the usual Thai style divorce from a farang and tell him him lets go to Pattaya or Bangkok and stay the night in high rise hotel for one last Boom Boom and dinner then take him out do some drinking get him a hooker and after he is done with hooker and drunk push him off balcony. Tel police he jumped cause you wanted divorce cause he cheated on you wants young lady. RTP will rule it suicide you get all assets. No muss no Fuss then we will rag on RTP here at TVF. 4 Link to comment Share on other sites More sharing options...
OmarZaidMD Posted November 17, 2014 Share Posted November 17, 2014 Move on ... he can't take it with him now or to the grave .... make an amicable divorce and seek peace above all else and good will come of it . . . Link to comment Share on other sites More sharing options...
ThaidDown Posted November 17, 2014 Share Posted November 17, 2014 shes not going to pay him a satang he has no claim to the house as he does not own the land she can call the police and have him removed from her land no court in the Land of Scams is going to make her sell the house and give him his money back never put more into Lieland than you can afford to lose This is incorrect. All property acquired after the marriage is jointly owned. This includes the house IRRESPECTIVE of who bought it or who is named on the Land Registry documents as the owner. Both parties are entitled to half the proceeds of the land/house, once it has been sold. Sorry, but your statement is not totally correct. If the land was given by the father as a gift to the daughter only then it will be Sin Suan Tua ie her personal property. ( Ref... Section 1471 of the Thai Civil and commercial Code) 1 Link to comment Share on other sites More sharing options...
jacksam Posted November 17, 2014 Author Share Posted November 17, 2014 Thank you to various posts. I can imagine this situation is not unusual. Bit more to add....apparently the father gave her the land but still in his name. She maintains that he can sign it over to her in a blink (not so sure about that). Anyway , as she rightly point out the house while very impressive two story joint..... If they wanted to sell would get nothing near its value. In farang world often one party buys the other out. Not possible here. Apart for all of this is the aspect of divorce. Can they be dealt with separately or not. This chick is not my gf, but I'm interested as I can imagine this is a familiar story. Hard for the farang and other side of fence hard for Thai chick. Link to comment Share on other sites More sharing options...
ThaiSanookGuy Posted November 17, 2014 Share Posted November 17, 2014 Why a woman would get anything if she wanted to divorce, WHATEVER IS THE REASON ? Crazy ! Born men we must be respected as men ! 1 Link to comment Share on other sites More sharing options...
Robert24 Posted November 17, 2014 Share Posted November 17, 2014 I guess the best way for her is to go to a lawyer specialized on divorce cases and proceed from there. Link to comment Share on other sites More sharing options...
Popular Post Travelman868 Posted November 17, 2014 Popular Post Share Posted November 17, 2014 Samjack I presume your a farang, so why are you involved in a Thai scam to steal this guys house ?????? As you should know this situation is very common. Thai girl loves farang. Thai girl and farang get married. Family offers piece of land ( worth 200 baht) Farang pays to build house ( Wife's family get kick back from builder proberbly 10% of cost) Wife then unhappy wants divorce. The house is on wife's land and the family will not pay the farang any money for house. Job done business as normal. AND Samjack as asking for advise for the poor Thai girl. What a fool 6 Link to comment Share on other sites More sharing options...
SOTIRIOS Posted November 17, 2014 Share Posted November 17, 2014 ...I thought this forum was for foreigners.... ..that said....Thais know the ins and outs 100x better than us...so why ask us.... ....and never mind getting just one side of the story....if that.... 2 Link to comment Share on other sites More sharing options...
Thomas Hannah Posted November 17, 2014 Share Posted November 17, 2014 Who are these idiots,who give advice ,,YOU ARE IN THAILAND..not were ever you come from..She wants a divorce,because she already has another farrang lined up ,to take from him ,what she can get from him,,, The husband will get nothing back from the home he built,unless he pays her off.,Or just trys to stay in the home till he dies..If you know anything about thailand,,You know that would not be possible,Due to harrasement,from neighbours and family of her..Anybody who builds a house in thailand,Is on a looser..If it was me ,I would get a bulldozer,and flatten the house,,Leave thailand ,and not come back,,Who is asking the question on here,,Most proberbly the next idiot in line. 2 Link to comment Share on other sites More sharing options...
HughJass Posted November 17, 2014 Share Posted November 17, 2014 Who are these idiots,who give advice ,,YOU ARE IN THAILAND..not were ever you come from..She wants a divorce,because she already has another farrang lined up ,to take from him ,what she can get from him,,, The husband will get nothing back from the home he built,unless he pays her off.,Or just trys to stay in the home till he dies..If you know anything about thailand,,You know that would not be possible,Due to harrasement,from neighbours and family of her..Anybody who builds a house in thailand,Is on a looser..If it was me ,I would get a bulldozer,and flatten the house,,Leave thailand ,and not come back,,Who is asking the question on here,,Most proberbly the next idiot in line. unfortunately if u bulldozer it she could get u arrested as she owns half of it unless of course it was built before they got married even then u would probably be arrested for trespass...TIT Link to comment Share on other sites More sharing options...
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