What Are His Chances?

[RustBucket]

Came across an interesting post put up on a 'public' Thai expat facebook page today.

I won't give the guy's name on here, even though he has taken the choice to make this public, I don't see any value in having his details posted here.

Basically, this is what was posted and offered up for comment.

OK just a quick post today 4 Dec I go to court, this is to try and get some of my money back off the ex GF, she has my house and car and all personal belongings, which she refuses to give back. It starts at 0900 but the case will be at 1000/1030. Anyone else having the same problem and think that the Thai will win the case all the time, then come along and watch. My lawyer is English, his office is in Pattaya.

Personally I think this is a classic example of trusting everything into the girlfriend's name and the courts will rule against him. I doubt his English lawyer will be anything other than a square peg in a round hole in a Thai courtroom.

So what do you think his chances are?

[Jdiddy]

Well its 2pm so hes either out celebrating or too embarrassed to admit defeat on fbook?

[steven100]

getting the money back .... did he say ' oh this money is just a loan '

getting ' his house ' back ....... well is the house in his name ? her name ? both names ?

If I was a betting man .......... i'd take an even fifty that she'll be eating in a fancy restaurant tonight & he'll be on the side walk having noodle soup.

[sanuk711]

So what do you think his chances are?--RustBucket

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Probably has 2 chances ...Fat & Slim.....................................

[daveAustin]

Might stand a chance if it was his ex wife, but if house and car are in her name, he's got buckleys. Best he could hope for is she is ordered to give him his pants back.

[how241]

I don't think there will be a happy ending here for him.

[falang07]

His chances would be much higher (he would get at least 50%) if he was married. In case of a GF, it was a gift, no chance at all.

[recycler]

If he has proof of what belongs to him and that he paid for things there may be a change, but likely the judge will urge them to negotiate a settlement.

By the way, he will have a Thai lawyer as foreign lawyers are not allowed to plea in a Thai court only acting as an adviser.

[lovelomsak]

Not enough info.

If this is in Thailand and he is already divorced,then it is a done deal. When I divorced my first wife,the authority at the amphur ask me before he gave the divorce if there was anything we bought together since the marriage. He wanted to know show it could be divided equally. So if this guy is divorced I think it is way to late.

[Anthony5]

Well its 2pm so hes either out celebrating or too embarrassed to admit defeat on fbook?

Do judges in Thailand make a verdict on the spot?

[Slinky1958]

Been there ,he better off leaving now he will get nothing. He just another victim

[KamalaRider]

Well its 2pm so hes either out celebrating or too embarrassed to admit defeat on fbook?

Do judges in Thailand make a verdict on the spot?

No it will take the court 2-6 years to come up with a verdict. But maybe he's been in and out of court in 2-6 years already.

[RustBucket]

Not enough info.

If this is in Thailand and he is already divorced,then it is a done deal. When I divorced my first wife,the authority at the amphur ask me before he gave the divorce if there was anything we bought together since the marriage. He wanted to know show it could be divided equally. So if this guy is divorced I think it is way to late.

Not enough info?

The post stated clearly that it is his 'ex-gf'.

No wife, so divorce etc.

[misterphil]

He's got more chance of getting a pork chop in to a Mosque. I had to pay my ex wife so I could keep my motorbikes. When married everything is split 50/50 in a divorce. Boyfriend and girlfriend and everything in her name means everything is hers.

[RustBucket]

I am married to a Thai and have been for 3 years now.

I made sure I lived here for 2 years before marrying her, just to make sure I knew all about her, and even though I have the money in my UK bank, I have never brought more than a few hundred thousand baht here at any one time. I have my own Thai bank account and the money is in there. She has an ATM card, but if she were to dump me and systematically attempt to empty the account, i would have the card cancelled and the most she could get is 20K.

I have also bought the house on a 30 year mortgage even though I can buy it outright, I feel safer on a mortgage, as well as the car I have got it over 7 year loan...

So if she dumped me, she is welcome to the house and car and all the future payments that go along with it.

Those who buy houses and cars outright are playing a dangerous game.

I totally trust my wife, but nobody knows what is in the future.

[Anthony5]

Well its 2pm so hes either out celebrating or too embarrassed to admit defeat on fbook?

Do judges in Thailand make a verdict on the spot?

No it will take the court 2-6 years to come up with a verdict. But maybe he's been in and out of court in 2-6 years already.

That's about similar as to court handling's in the Western world then. Thanks for answering my questions.

[godden]

So what do you think his chances are?--RustBucket

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Probably has 2 chances ...Fat & Slim.....................................

It;s slim and none, please get it right

[jomcondo]

There will be 2 winners here........

1. The GF

2. The "English lawyer"

[brimacthai]

Actually I've heard both... fat chance and slim chance... maybe it's just a simple difference in English language.

[Gringogazzer]

So what do you think his chances are?--RustBucket

.

Probably has 2 chances ...Fat & Slim.....................................

It;s slim and none, please get it right

Bob Hope & no hope...any more?

[crazygreg44]

I am married to a Thai and have been for 3 years now.

I made sure I lived here for 2 years before marrying her, just to make sure I knew all about her, and even though I have the money in my UK bank, I have never brought more than a few hundred thousand baht here at any one time. I have my own Thai bank account and the money is in there. She has an ATM card, but if she were to dump me and systematically attempt to empty the account, i would have the card cancelled and the most she could get is 20K.

I have also bought the house on a 30 year mortgage even though I can buy it outright, I feel safer on a mortgage, as well as the car I have got it over 7 year loan...

So if she dumped me, she is welcome to the house and car and all the future payments that go along with it.

Those who buy houses and cars outright are playing a dangerous game.

I totally trust my wife, but nobody knows what is in the future.

I sincerely hope that you have included her, as a beneficiary, in your written and VALID in both countries, last will. If I was her, I would not want to be left on top of unpaid bills. At least she already spent five years of her declining beauty in the arms of such a distrusting husband. At some point of her life it will be impossible to catch another good guy.

But each to it's own

[Gecko123]

Not a single person who has responded to this thread so far knows what they are talking about.

The fact is that under Thai law if either party to the relationship can prove that the assets used to purchase the property during the relationship were owned by that party prior to the relationship, the courts will rule that the property belongs to that party. This is irrespective of whether the parties were married or living together as boyfriend/girlfriend.

I have been through a similar property dispute here in Thailand. You can research this yourself by looking up Thai marital property law which is part of the Thai civil code. Thailand's courts are as reputable as those in Western countries.

There is no separate law for foreigners in Thailand. The same marital property law applies to everyone. The only caveat is that it is illegal for foreigners to own land in Thailand. But even here, if land is purchased in violation of land law, this does not mean that the foreigner forfeits his rights to recover his investment in the land.

Think about it! If Thai marital property law allowed people to take advantage of one another, no one would get married. Thai marital property law is very fair to both parties. There's just a lot of misinformation and ignorance amongst the ex-patriate community about how it works.

[Gentmartin]

sadly, if her name are on the deeds and the logbook....its HER house and HER car.....and now he's wasting money on lawyers. I hope the judge sees fit to force to give something back, out of a sense of simple fair play, but to the letter of the law, ID suggest there's no chance, no hope and no money :-(...........

[otocheater]

Did he has evidence to buy things for her or bank transfer to her account? Could get things back at lease half. How about her back ground and his back ground. Court will see which person can afford to buy car and house?.

In Thailand its difficult for farang to go to Thai court but at lease he can get half money back.

Good luck.

[ToddinChonburi]

Just a real bad investment I would say.

[BritManToo]

Courts are getting harder on Thai scammers.

A friend of mine was just awarded 50% and all costs by a Thai court against his former Thai gf.

(He only asked for 50%)

[Gecko123]

sadly, if her name are on the deeds and the logbook....its HER house and HER car.....and now he's wasting money on lawyers. I hope the judge sees fit to force to give something back, out of a sense of simple fair play, but to the letter of the law, ID suggest there's no chance, no hope and no money :-(...........

This also is not true.

Irrespective of whose name the property is registered in, if another party can prove that the property was purchased with assets belonging to them, then the courts will rule that the property belongs to that person.

Consider for example, an epileptic who can not get a driver's license which was a pre-requisite for purchase of a car. The eplieptic gives money to a third party to purchase the car for them, and the third party registers the car in the third party's name.

Of course once the courts see proof that it was really the epileptic who paid for the car, the courts will rule that the car belongs to the epilepetic, not the third party in whose name the vehicle is registered.

[A1Str8]

Does his gf know that she is not even a woman?

[Shadychris]

Not a single person who has responded to this thread so far knows what they are talking about.

There's just a lot of misinformation and ignorance amongst the ex-patriate community about how it works.

After following the TV forums for a few weeks now it does seem to be the case that thankfully whilst there are a few extremely knowledgeable members posting, the vast majority seem to be made up of armchair detectives, wannabee lawyers, bigots, xenophobes, sexists, racists and grumpy old men.

If these people are all actually living in Thailand as ex-pats, I'm beginning to undertsand why so many Thais tend to inwardly regard foreigners with contempt - even if most are far too polite to outwardly show it.

[Gentmartin]

Not a single person who responded to this thread knows what they are talking about.

The fact is that under Thai law if either party to the relationship can prove that the assets used to purchase the property during the relationship were owned by that party prior to the relationship, the courts will rule that the property belongs to that party. This is irrespective of whether the parties were married, living together as boyfriend/girlfriend.

I have been through a similar property dispute here in Thailand. Thailand's courts are as reputable as those in Western countries.

A bit hard saying no one on here knows what they are talking about. And no where did anyone say they were not reputable

However, as you point out, ' the fact is that under Thai law if either party to the relationship can prove that the assets used to purchase the property during the relationship were owned by that party prior to the relationship, the courts will rule that the property belongs to that party '

Can you explain how this can be proved, and if it can be proved, upheld IF (and the posters are assuming this) the car and house particularly are in her name. Id suggest if they were in his name, he'd simply have thrown her out of the house (or had the police do it) and jusr driven off in his car.

Well done to you for fighting and winning, you are most definitely in the minority in such cases as so many other I'm sure would testify.