Can Of Worms:Many and Various

[laolover88]

I have, as some of you know, been "away" for a while!!

Now here's the Can!

My friend in CM, a farang, married a lady from Sukothai in 2001 in the UK.

For various reasons they did not register the marriage in Thailand.

In 2002 they had a child. UK/Thai/Birth Cerificates etc dual nationality

In 2007 he was able to provide funds (has a paper trail) to buy land-about 1m Baht and build a house-about 2.5m Baht. In CM.

Clearly not legal, as the the funds came from the UK not a Thai. Also the Doi Saket Land Office insisted he sign the usual paper that the whole caboosh was not SinRos.

Now here we go again.

Here are the worms!

Turns out that SCB has given/lent Mrs 2m Baht, with which she has disappeared, on the strength of her lies that a. It was her money and that she bought the land and house and b. She was not married.

Two things to start. I gather that the SinRos paper can be set aside in the case of divorce proceedings as clearly the property was acquired after marriage, and also illegally acquired. Sin Sod obviously has no "legal" status; what precisely is the legal status of SinRos?

What about SCB? On the one hand did they have any reason to be more "diligent"? Would they/could they in possession of the "facts" take action against her? Would/Could they seek to redistribute the "debt" between husband and wife?

Also raises the question of what a Thai court's view would be on a UK divorce. I doubt a UK court would make a ruling on a foreign "asset" over which it could not exercise any jurisdiction. He has spoken to both UK and Thai lawyers who are useless and want to waive Invoices. Maybe that experience members here have wiser thoughts?

The child is safely in the UK!

[Smokin Joe]

The wife owned a property that she bought and paid for (husband signed paper saying it was not his money) and SCB gave her 2m Baht mortgage loan. What am I missing?

[steven100]

he is not legally married in Thailand so not recognized as married.

she took a loan out for 2m and she signed all papers for the loan.

he signed nothing at all in relation to the loan ? if he didn't sign anything for the loan then it's between the bank and her.

he doesn't own the house, he doesn't own the land the house is on, so assume it's all hers ... Foreigner cannot own land & house.

conclusion : he's lost the house & land but he never really owned it anyway. She owes the bank 2m baht , not him. They will most likely take possession of the house.

[Blackheart]

This happens everyday,with this post I am wondering if you have been to Thailand before.

He will pay lawyers fees and still get back I'm guessing approx zero, maybe less.

Why do they do it

[CharlieH]

Well, obviously I am no lawyer but, a marriage in Thailand, is legal recognised in the UK, what makes you think (or know) the reverse isnt the case ?

If they were legally married in the UK, I would suspect they are legally married in Thailand too,(but happy to be corrected).

MOVING this to Married & Divorce forum for better input.

[laolover88]

He is legally married in Thailand as there is mutual recognition of the validity of marriage between the countries. I can't find any "statute" that says the marriage is not legal unless it is "registered" in Thailand. Can anyone?

I understand that SCB might have neither the inclination, nor the expertise, nor the resources to establish the facts at the time..but once they have the evidence?!

The issue of SinRos is odd. How can there be a situation where SinRos can be invoked to prevent a foreigner acquiring property..land is another matter..but on divorce Thai Law clearly provides on divorce for the 50/50 division of assets acquired after marriage?

[lj cm]

I very much doubt that SCB would lend her 2 million Baht.

They want proof, that she has a job, and her income is enough to repay the loan.

(They are not interested in repossession; yet another land and house)

[laolover88]

SCB lent her 2 million B already with no proof of income. Naturally already defaulted. SCB basically don't

to want to listen to the farang. I can't see either why they would want the house. I suppose losing 2mB in CM just small change?!

[Blackheart]

50/50 asset split on their belongings but the house was never theirs,was hers.

He will get nothing

[happylarry]

50/50 asset split on their belongings but the house was never theirs,was hers.

He will get nothing

Incorrect.....so long as the husband has not done anything wrong to warrant the divorce (adultery, assault etc.) then the court will more than likely award 50/50 of assets gained during the marriage regardless. If the car was registered in his name then she would get half just the same as he the house. All depends on the court on the day of course but more often than not this happens.

HL

[phrodan]

£40,000 to get rid of a scamming, lying wife?

Looks cheap to me.

[laolover88]

£40,000 to get rid of a scamming, lying wife?

Looks cheap to me.

I agree! Also turns out the car she took has been "sold" to a kik, who now owes Tisco 200,000 and can't get any credit. So we have cross Thais, too. Does "justice" ever catch up with these people?. She wasn't a bar girl, either! The Thai family just shrug: not apparently even moved by the abandonment of the child, though I suspect that's just face preservation. Whatever, I think the whole sorry affair does not reflect well on the totally supine SCB.

[whiteman]

I would not be pushing the thai married line for SCB may come after him for the 2 million I am not sure here but this is Thailand.

[bwpage3]

Another farang gassed by a Thai Lady.

[blackcab]

£40,000 to get rid of a scamming, lying wife?

Looks cheap to me.

I agree! Also turns out the car she took has been "sold" to a kik, who now owes Tisco 200,000 and can't get any credit. So we have cross Thais, too. Does "justice" ever catch up with these people?. She wasn't a bar girl, either! The Thai family just shrug: not apparently even moved by the abandonment of the child, though I suspect that's just face preservation. Whatever, I think the whole sorry affair does not reflect well on the totally supine SCB.

Forget blaming the bank. They would ask her if she is married, and she obviously lied and deceived them. If they asked her to get paperwork from the district office to back up her claim, then as she was not registered add married the documents would have tallied. I don't see what more SCB could have done.

Your friend, on the other hand, could have done a lot more. He did not protect himself or his assets, and we are now reading the sorry tale of how it all went wrong for him.

For this he has himself to blame. That may sound harsh, because he had good and honourable intentions, however it is true.

Perhaps he should treat this as an expensive education not just about Thailand, but about relationships in general.

Edited February 29, 2016 by blackcab

[billd766]

I was married in the UK at Taunton registry office in 2000. I have 2 copies of the wedding certificate and this is proof of the marriage and, yes it is legal in Thailand.

I also have certified and translated copies of the documents from the MFA in Chaeng Wattana and they accepted the documents as legal proof.