Status After Splitup/divorce?

[lotus1]

Just a completely hypothetical case, but the info would be interesting.

Suppose you are married to a Thai national and have purchased a house together. Every year you renew your non-immigrant / retirement visa and all is OK.

Then years later you split up and divorce. What is your situation then?

OK, as farang you paid or are paying for the house, but as it's in her name it is up to your spouse to decide what you will get out of it, if anything. Even if your ex-spouse agreed to it, you can't have it transferred into your name since you are not allowed to own land in Thailand. In most cases it seems you would lose your investment and/or be in a tricky situation.

Assuming your spouse just walks out on you and makes no claims to the property:

As long as you have the funds, can you still obtain a retiree's visa although you are no longer married?

Can a property be put into some kind of trust, so that you are able to continue living in the house you bought and even be sold, with you receiving the proceeds from the sale?

Food for thought - any thoughts or facts?

[Sunbelt Asia]

Just a completely hypothetical case, but the info would be interesting.

Suppose you are married to a Thai national and have purchased a house together. Every year you renew your non-immigrant / retirement visa and all is OK.

Then years later you split up and divorce. What is your situation then?

OK, as farang you paid or are paying for the house, but as it's in her name it is up to your spouse to decide what you will get out of it, if anything. Even if your ex-spouse agreed to it, you can't have it transferred into your name since you are not allowed to own land in Thailand. In most cases it seems you would lose your investment and/or be in a tricky situation.

Assuming your spouse just walks out on you and makes no claims to the property:

As long as you have the funds, can you still obtain a retiree's visa although you are no longer married?

Can a property be put into some kind of trust, so that you are able to continue living in the house you bought and even be sold, with you receiving the proceeds from the sale?

Food for thought - any thoughts or facts?

You would already have had to sign a declaration at the Land Dept, that it was her money and you had no right to it.

The husband should get a register right of habitation, usufruct, and superficies for life or a 30 year land lease from the wife at the same time and put the building in their name as a foreigner. This way the foreigner will be able to stay in the house even if they are divorced.

Couple notes to keep in mind...if it’s a servitude to a Thai company the maximum term is 30 years even with a right of habitation, usufruct, and superficies. If it is servitude other than with a husband or wife, the Land dept may not allow a longer tem longer than 30 years unless a benefit is given to the grantor at the time of registration. This is the discretion of the Land Officer and similar to key money and this will be taxed at 1.5%. No money needs to stated in the term if it is husband/wife.

The husband should also ask his wife to get a will so he inherits the land, if she dies. The same if he has a superficies as the right can be inherited.

You are able to get the extension of stay based on retirement as long as you are over 50 years old and have the funds.

www.sunbeltasiagroup.com

[Axel]

....

You are able to get the extension of stay based on business as long as you are over 50 years old and have the funds.

www.sunbeltasiagroup.com

Guess, this is a typo and should read retirement

[Sunbelt Asia]

....

You are able to get the extension of stay based on business as long as you are over 50 years old and have the funds.

www.sunbeltasiagroup.com

Guess, this is a typo and should read retirement

Sorry was talking business when I was typing.

[lopburi3]

Immigration may not be happy to change his status to retirement from support without the wife signing off on it. I suspect it can be done but from my experience they want the wife to know your change of visa status and require her signature. So the "Assuming your spouse just walks out on you" may require a little more effort than normal change (which is easy and welcomed by Immigration).

[Sunbelt Asia]

Immigration may not be happy to change his status to retirement from support without the wife signing off on it. I suspect it can be done but from my experience they want the wife to know your change of visa status and require her signature. So the "Assuming your spouse just walks out on you" may require a little more effort than normal change (which is easy and welcomed by Immigration).

You don't need her signature if the term of the extension of stay based on support of a Thai national has ended. You should simply be applying for a brand new extension in another category.

If you do this extension while the extension of stay based on support of a Thai national is still valid, then I agree with Lop, you will find the process much more cumbersome.

Just wait till the extension expires and start from scratch.

www.sunbeltasiagroup.com