The 50/50 asset split after you married

[smotherb]

The fool and their money quickly part.

It's absolutely beyond me why anyone would purchase anything of great value without truly owning it yourself.

If you want a piece of the rock, then buy it where you can own it; preferably somewhere it can be rented for at least the mortgage price—paying cash is another fathomless pursuit too many apply.

I say, buy where you can own and make money over mortgage for renting it. Then apply that overage to renting a place here. The profit from my Florida rentals has always paid my house rents here—a nice 3story, 4bdr, 3bth in a very nice neighborhood downtown—and in the PI—a nice 2bdr/2bth bungalow on the water just a few klicks from town.

[thairay]

Been quite a bit of response to my post . Thanks for the positiveness . I would imagine many guys like me are told you dont have a chance in getting anything . Your a farang in Thailand .

WRONG . Even us farangs have rights and Thai law is LAW . If a few more stopped listening to the negativity and sought legal advice there might be a few more good results to read about . To one BM yes our marriage is legal signed papers in BKK 06 march 2012 . Yes i can provide the best paper trail any Thai court has seen . Even A&B money who transfered the money from UK to her mums acc sent me 35 statements from july 2013 until sept 2015 . I can access all my HSBC statements online and highlight all transactions dating before july 2013 . I have 20 plus emails from the guy in USA dating back to 2013 . SO why shouldnt i try to fight back . No one on this board knows how i feel at being cheated for the past 4 yrs and maybe more . All i have done is work my butt off 6 days a week 12 hour shifts to help my wife .She has totally destroyed me and if theres any hope then i have to go for it . And so should any other BM in a simular situation .

Get over it mate..work the shifts for yourself and keep the money. You can chase the bit you lost for as long as you like but clear your head and do something else is my advise...Then you can lose what you saved to the next one

[Straight8]

Been quite a bit of response to my post . Thanks for the positiveness . I would imagine many guys like me are told you dont have a chance in getting anything . Your a farang in Thailand .

WRONG . Even us farangs have rights and Thai law is LAW . If a few more stopped listening to the negativity and sought legal advice there might be a few more good results to read about . To one BM yes our marriage is legal signed papers in BKK 06 march 2012 . Yes i can provide the best paper trail any Thai court has seen . Even A&B money who transfered the money from UK to her mums acc sent me 35 statements from july 2013 until sept 2015 . I can access all my HSBC statements online and highlight all transactions dating before july 2013 . I have 20 plus emails from the guy in USA dating back to 2013 . SO why shouldnt i try to fight back . No one on this board knows how i feel at being cheated for the past 4 yrs and maybe more . All i have done is work my butt off 6 days a week 12 hour shifts to help my wife .She has totally destroyed me and if theres any hope then i have to go for it . And so should any other BM in a simular situation .

Get over it mate..work the shifts for yourself and keep the money. You can chase the bit you lost for as long as you like but clear your head and do something else is my advise...Then you can lose what you saved to the next one

[williamgeorgeallen]

Even if it was in the girlfriends name you would still have no chance of getting a 50/50 split on it.how would you expect to get 50% of something you are not allow to own.

If it was a wife, and not a girlfriend, then the divorce court would order it sold and then split the proceeds 50/50, that is how they get around the foreigner not being able to "own"

this seems to be true but the cases i have heard of the ex wife just puts a high selling price on the land so it will not sell. hard to sell an asset in your ex wifes name if she does not want it sold. in the case of an ex wife's mothers name dont waste any money on lawyers, its just throwing away more money. you should have come here for advice before buying land in a country you are not legally allowed to own. i am not trying to belittle you, i did it twice, i am just lucky i managed to sell both of them and break even.

[williamgeorgeallen]

Seek good legal advise...5555555555555555 TIT!!

do not seek legal advice. you will spend years in courts and probably more than the land is worth in fees. you will gain nothing but heart ache. please walk away. please dont do this again. please please please.

[ableguy]

Even if it was in the girlfriends name you would still have no chance of getting a 50/50 split on it.how would you expect to get 50% of something you are not allow to own.

If it was a wife, and not a girlfriend, then the divorce court would order it sold and then split the proceeds 50/50, that is how they get around the foreigner not being able to "own"

so what about people that have had to sign papers at the land office stating that it is not their money that wifey is buying the land with ,i don't see any divorce court asking a thai to sell land that they legally own just so they can give the foreigner half of the sale money.even if they did the wife could just sell the land to a family member for peanuts and give you half a peanut.

Obviously a highly qualified and experienced person here guys, I do wonder where he got all this information, not from the courts obviously...lol

HL

[billd766]

Just out of curiosity, how many posters here have actually been in that position personally rather than just talking about it?

I know plenty of foreigners in Thailand who lost courts their cases...They Lost houses land buildings cars hotels etc...They still had to pay court fees,lawyers...

Thai law is not back them up much.. Even some persons house got stolen by some fake real estate agent and resold to the loan sharks they lost their houses and court cases .Every village has some of these incidents.We all know people like that ...Why are u asking?

I asked because there have been so many doom and gloom post on this thread and I wondered if it had actually happened to anyone who has postedrather than,

"well it happened to a mate of mine or to someone I know".

That way we can gain real knowledge instead of 2nd or 3rd hand or it happened to a mate of my mate.

[billd766]

Just out of curiosity, how many posters here have actually been in that position personally rather than just talking about it?

Surprised someone with over 10k posts would ask that. C'mon B, uou must know the answer.

The answer IMO would be very few posters would post anything like that but many would say that they knew a mate or a mate of a mate it happened to. And so the urban message grows.

[happylarry]

Here's some truth for you:-

Once your lawyer submits the divorce document to the court you then get a court date which will be a minimum of 45 days after the submission. This date will be for a negotiation hearing where the judge will sit between the two parties and try to get a satisfactory compromise without going for a full court hearing. If they are unable to compromise then the court will set a date for a full court hearing where the judge will hear both lots of pleas and evidence and the judge will come to a decision based on that, which both parties will have to adhere to.

This does not take years as one poster said but three months or so depending on how soon after the 45 days you want your first hearing.

The person who initiates the divorce has to pay the court fee's which works out at 2% of the 50% of the assets up to a maximum of 200,000 baht. So if the assets come to 5,000,000 baht then 50/50% is 2,500,000 baht and 2% of that is 50,000 baht which if the divorce goes to the full hearing then this has to be paid but if it is sorted out at the negotiation hearing then the court returns 70% of this to the person which means that the person only pays 15,000 baht for the court fees.

A bit of an incentive to sort things out early I guess.

The Thai law is 50/50% of assets acquired after and during the marriage but of course this is not cut and dried and depends on individual circumstances, for instance if there has been adultery, or abuse of some form, or abandonment etc. from either party, but if your conscience is clear on all these matters then you have a good chance of a successful result. The court is not concerned with what is on the title deeds and theoretically it doesn't even matter if the wife bought the property with her own money because if they were married at the time then it is shared assets, however obviously it is better for the farang if he can prove that the money came from him in the first place.

The most important thing is making sure you have a GOOD lawyer representing you.

Its not all doom and gloom as people want to make out on here and the Thai justice system is fair to both parties so long as you do your homework get a good case and have it presented properly.

HL

[notmyself]

lol

[Sheryl]

By law, if the land were in the wife's name and acquired after marriage he would be entitled to 50%. (Though granted, enforcing this might cost in lawyer fees and there are ways the wife, if so inclined, could make it hard/drag out the process and legal costs).

BUT per OP the land is in her mother's name. So he and his wife never legally acquired it at all.

In that case I think he has no legal right to it.

OP if this is something you are considering but have not done - don't.

If it is something you have already done, but you have not yet approached your wife re divorce (or are not thinking of divorce now, just worried about the future), you should take steps to either get the land in your wife's name or get a land lease in your name. The former is preferrable if possible, as continuing to live on land when the owner wants you out can be very, very difficult, but it is better than nothing and would make it hard for them to sell without your agreement.

If it is something you have already done and divorce is already in the works, frankly you are **ed.

[notmyself]

BUT per OP the land is in her mother's name. So he and his wife never legally acquired it at all.

Made me feel optimistic but what happens if the land I funded has been put her mums name ?

This linguistically means the ownership has been transferred to Mom after purchase. If you are correct in that the land was never owned by the wife (couple) then the OP has not a chance in hell.

[Thunderbirds20]

If you have proof you supplied the money that paid for it, you might have a chance. It amazes me that they do not have to show how they paid for it if you dispute the matter. I got screwed that way

[taninthai]

From the op he seems to have transferred the money into the mother's bank account ,so land was never in wife's name in the first place was bought with money from mothers bank account op has no chance getting this back,will be classed as a gift to the family.don't suppose op wants to tell us what he paid for the land.

[Sheryl]

Solution is very simple,

Marry her Mom and you have your land back !!

Nope. Because she will have owned it prior to marriage to him. Division of assets pertains only to assets acquired during a marriage.

Unless he can somehow get the title changed to his wife, or a land lease issued to him, now while the marriage is still in effect, he does not have a legal leg to stand on. Full stop.

[ThaiWai]

[laolover88]

Out of interest!I know, obviously, people lie and cheat and get screwed in and after marriages, But! Does this kind of thing happen in every country; or is it a Thai speciality?

[Blue Muton]

Solution is very simple,

Marry her Mom and you have your land back !!

I've been reading TV for quite some time but this is the first time I've actually laughed out loud on reading a post.

Congretulations and thanks.

LOL

[snowgard]

If the land that you purchased has been put in her mothers name she is thinking ahead

and it sucks to be you. Move on with whatever you can salvage.

Go to court and tell that your wife cheated you. You give her the money to buy the land on the name of your wife and you trusted her. You can't read THAI. So you must believe your wife. If you can show you paid the money for the land you will have a great chance to got your money back!!!

May i advice u to only post here on your sober days...

Do u really believe a Thai court will be lenient to this kind of defense..

He would lost THEN one more million bht for court fees and after 8 years in court he would have lost each and any case!!

I don't know how much alcohol you drink over the day but I think TO MUCH!!! Yes, I believe and know what I wrote because a friend of mine had a problem like this and got his condo back. Him bought a condo for him and his girlfriend in her name. After some month she kicked him out. Him take a lawyer and gone to court. Him win and got it back.

So much to your stupid comments about Farangs no have rights here!!!

I come to Thailand over 25 years and live here now the last 9 years. And surprise I don't no one person face to face who lost here something. I only listen stupid comments like you wrote here...BLAH BLAH BLAH!!!! But some of my friends divorced, Thai wife died, ... Some must gone to court but become exact their part.

If you think you not have rights here, please go back to your home country!!!

[louse1953]

You gifted your wife the money and she can do what she likes with it.

[louse1953]

Assets accumulated during a marriage must be split. In my divorce the house was ordered sold and we split the money. Very easy. It really works both ways, the courts dont care about he paper you sign at the land office. In my country the wife would have gotten everything. I think we are safer here!

Don't know where you hail from Inzman,but most western countries have the 50/50 split on assets after marriage.

[taxin]

Here's some truth for you:-

Once your lawyer submits the divorce document to the court you then get a court date which will be a minimum of 45 days after the submission. This date will be for a negotiation hearing where the judge will sit between the two parties and try to get a satisfactory compromise without going for a full court hearing. If they are unable to compromise then the court will set a date for a full court hearing where the judge will hear both lots of pleas and evidence and the judge will come to a decision based on that, which both parties will have to adhere to.

This does not take years as one poster said but three months or so depending on how soon after the 45 days you want your first hearing.

The person who initiates the divorce has to pay the court fee's which works out at 2% of the 50% of the assets up to a maximum of 200,000 baht. So if the assets come to 5,000,000 baht then 50/50% is 2,500,000 baht and 2% of that is 50,000 baht which if the divorce goes to the full hearing then this has to be paid but if it is sorted out at the negotiation hearing then the court returns 70% of this to the person which means that the person only pays 15,000 baht for the court fees.

A bit of an incentive to sort things out early I guess.

The Thai law is 50/50% of assets acquired after and during the marriage but of course this is not cut and dried and depends on individual circumstances, for instance if there has been adultery, or abuse of some form, or abandonment etc. from either party, but if your conscience is clear on all these matters then you have a good chance of a successful result. The court is not concerned with what is on the title deeds and theoretically it doesn't even matter if the wife bought the property with her own money because if they were married at the time then it is shared assets, however obviously it is better for the farang if he can prove that the money came from him in the first place.

The most important thing is making sure you have a GOOD lawyer representing you.

Its not all doom and gloom as people want to make out on here and the Thai justice system is fair to both parties so long as you do your homework get a good case and have it presented properly.

HL

Good post and very well explained. I'm sure the trollers on here will continue to disagree with you and claim you are drunk, have no idea, never visited Thailand, etc, etc.

Back to the OP, if the property was initially purchased in the wife's name and then transferred to the mother without his knowledge he does have a slim chance. The wife will claim the property was gifted to the mother and he will need to prove otherwise, if it was the wife who instigated the divorce this may show some of guilt towards the wife.

If the funds where transferred to the mother and the property was purchased in the mothers name, the wife has pulled a clever scam, it will almost certainly be seen as a gift to the mother, wife can easily claim it was a sin sod.

It is also possible that the OP is not telling the truth and knowingly bought a house for the mother in law, and now things have gone bad he is merely looking to see if there is any chance he can get some of his "investment" back.

[louse1953]

Been quite a bit of response to my post . Thanks for the positiveness . I would imagine many guys like me are told you dont have a chance in getting anything . Your a farang in Thailand .

WRONG . Even us farangs have rights and Thai law is LAW . If a few more stopped listening to the negativity and sought legal advice there might be a few more good results to read about . To one BM yes our marriage is legal signed papers in BKK 06 march 2012 . Yes i can provide the best paper trail any Thai court has seen . Even A&B money who transfered the money from UK to her mums acc sent me 35 statements from july 2013 until sept 2015 . I can access all my HSBC statements online and highlight all transactions dating before july 2013 . I have 20 plus emails from the guy in USA dating back to 2013 . SO why shouldnt i try to fight back . No one on this board knows how i feel at being cheated for the past 4 yrs and maybe more . All i have done is work my butt off 6 days a week 12 hour shifts to help my wife .She has totally destroyed me and if theres any hope then i have to go for it . And so should any other BM in a simular situation .

Either your having us on,or you are the biggest fool who has been here for a while.Put money in Mum's account indeed,5555.

[louse1953]

Out of interest!I know, obviously, people lie and cheat and get screwed in and after marriages, But! Does this kind of thing happen in every country; or is it a Thai speciality?

Hapless farangs are drawn to the honeypot,day in,day out.They are helpless once in the clutches of that silky web.All is lost,he who enters here.

[louse1953]

From the op he seems to have transferred the money into the mother's bank account ,so land was never in wife's name in the first place was bought with money from mothers bank account op has no chance getting this back,will be classed as a gift to the family.don't suppose op wants to tell us what he paid for the land.

[Sheryl]

if the property was initially purchased in the wife's name and then transferred to the mother without his knowledge he does have a slim chance. ..The wife will claim the property was gifted to the mother and he will need to prove otherwise, if it was the wife who instigated the divorce this may show some of guilt towards the wife.

If the funds where transferred to the mother and the property was purchased in the mothers name, the wife has pulled a clever scam, it will almost certainly be seen as a gift to the mother, wife can easily claim it was a sin sod.

It is also possible that the OP is not telling the truth and knowingly bought a house for the mother in law, and now things have gone bad he is merely looking to see if there is any chance he can get some of his "investment" back.

Per the OP's statement, he directly gave money to the mother and she bought the house. never in his wife's name and the money did not pass through the wife. either. So he is completely out of luck.

He does not say why he did this - whether he just wanted to give MIL a house or there was some expectation that he and his wife would live there or what - but it doesn't matter unless there is some sort of document signed by the MIL promising them tenancy or something to that effect, which there evidently is not.

One does wonder whether the wife was legally wise enough to know that buying it herself would lead to having to give him half after divorce and hence the request to buy it in Mom's name...since either it was wife's urging that made the arrangement this way, or the there was some reason why only MIL could buy the house, of which the only reason I van think of would be if it was bought on mortgage and only she had the necessary credit/income to qualify. In which case OP may have paid only the down payment, not he whole thing. Or down payment plus however many payments then transpired before the marriage went bust.

[blackcab]

OP - where did you meet your wife?

My bet is you met her in a bar. Probably a gogo bar. She had just started working there when she met you, which was convenient because it allowed you to save her.

You've been played since day one. The thing is you won't listen and you won't be told. You think you will get even, but you won't.

Right now the very best thing you can do is download a copy of Private Dancer by Stephen Leather. It's a free download and it will give you an education. Just a bit late, sadly.

[Thorgal]

You can revoke the gift you've made during your marriage to your wife's mother before the divorce. You need a lawyer for that.

As long as the gift is linked to ascendants and/or descendants of one of the spouses, partial or full succession rights are applicable to one of them. Depends if your wife has brothers and/or sisters. Your claim would become partial.

From : Thailand Civil and Commercial Code (part III)

Section 1476. In managing the Sin Somros in the following cases, the husband and wife have to be joint manager, or one spouse has to obtain consent from the other:

(5) "Making a gift unless it is a gift for charitable, social or moral purposes and is auitable to the family condition."

You should start by having a copy of the chanote and translate it...before you contact a lawyer...

[taninthai]

There is currently an English guy and an Irish guy who both lost millions of baht in land and property ,due to there wifes forging signatures both these cases have been going on for a couple of years many court hearings are simply adjourned every time,looking like these guys are not getting anything back ,these stories have been in the news frequently so I done think its bartalk gossip.

So the guy stating it's so easy you can get a court hearing in 45 days and the judge will then decide ,making it all sound so easy and straight forward is a little incorrect that is only the start of the process which will lead to more delays and court hearings this can go on for years each time costing more and more money.

[happylarry]

There is currently an English guy and an Irish guy who both lost millions of baht in land and property ,due to there wifes forging signatures both these cases have been going on for a couple of years many court hearings are simply adjourned every time,looking like these guys are not getting anything back ,these stories have been in the news frequently so I done think its bartalk gossip.

So the guy stating it's so easy you can get a court hearing in 45 days and the judge will then decide ,making it all sound so easy and straight forward is a little incorrect that is only the start of the process which will lead to more delays and court hearings this can go on for years each time costing more and more money.

Get things straight my friend, I am talking about a divorce, but what you are talking about is a criminal case if it involves forged signatures etc. that makes a huge difference.

I don't get my facts from stories in the news like you, my wife is an interpreter and works with lawyers in the courts in cases like these so I only quote actual facts from experience, but if you don't wish to take note then carry on writing the "facts" as you see them.

HL