The 50/50 asset split after you married

[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.

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

Yep so when you have had your court hearing in the 45 day time frame and then six months later the land still is not sold,what happens next more court hearings more adjournments more lawyer fees ,flight costs if you are not in the country and it goes on and on like a merry go round.

[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

Yep so when you have had your court hearing in the 45 day time frame and then six months later the land still is not sold,what happens next more court hearings more adjournments more lawyer fees ,flight costs if you are not in the country and it goes on and on like a merry go round.

Whatever you say mate, you are obviously just on here to try and wind people up for your own self gratification rather than help anyone, so please get on with it and I wish you a happy life.

HL

[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.

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

Yep so when you have had your court hearing in the 45 day time frame and then six months later the land still is not sold,what happens next more court hearings more adjournments more lawyer fees ,flight costs if you are not in the country and it goes on and on like a merry go round.

Whatever you say mate, you are obviously just on here to try and wind people up for your own self gratification rather than help anyone, so please get on with it and I wish you a happy life.

HL

Not at all ,you claimed you have factual information as your wife works on these cases.so I asked a simple question what happens 6 months or even a year later when the land isn't sold.

I am being realistic where as you are claiming this can all be sorted out nice and easy within 45 days,I don't doubt some divorces are straight forward and can be sorted that easy but in the op case I don't think that is the way it's going to go.

[happylarry]

taninthai, why don't you read the posts properly? I did not say everything is sorted out in 45 days.....I said you have to wait a minimum of 45 days after the lawyer submits the initial petition (that's the law and its so the court can get in touch with the other party) and I then said that it can be done in three months depending on how soon after the 45 days you can get your hearing dates. I did not say that every divorce is done in that time but if the two parties agree at the negotiation hearing then it can be sooner than that.

As for your question about selling the property I don't know the answer and have never claimed to know the answer, I have simply explained for those that are interested the procedure you go through in order to get a divorce and to try and get some of their investment back. Now there is nothing more that I can add to what I have already posted so I am now finished with this thread so until next time taninthai, good day.

HL

[wowfactor10]

Could it be that in some of these cases before court has reached any verdict whatsoever the land with or without house has been already transfer to several other thais ..Now the Alien may go back to the court again.

[wowfactor10]

Yes we all know he lost his money except u ...I can not think of one reason for him to get it back.He has send money to the mom of his wife and she bought land with it in her own name.Seems without a proper signed agreement between the mom and him self he gonna have a hard time in most other countries too.(beats me why he ever send it to the mom in the first place)

Hey if u like to encourage people here to marry and buy land and house in theirs name and that there is a worry less uncomplicated 50/50 split afterwards then i think u is sending out a incorrect message...Anyway good luck with your promoting..

Edited March 7, 2016 by seedy
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[uthaithanirules]

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 .

Its all the stuff you've left out that tells us.

1. How old are you, how old is she

2. Is she from a poor/rural family

3. How much baht we talking about?

4. Are there any kids involved

5. How much sinsod did you give the mother/parents at the wedding?

6. Did you even bother with a traditional wedding?

By the sounds of it, you got married pretty quickly, you say you've been working your butt off for 6 days a week for 4 years.

So Im going to assume working back in your home country, and since only 4 years, I will assume we arent talking about that much baht

And no mention of kids, so I assume no kids

Half of the average wage in the UK for 4 years, so we are probably talking 2 Million baht tops

How old is she? If the family is dirt poor, thus the ( I assume hot otherwise you wouldnt bother marrying her) daughter is their only "asset" as it were.

You dont understand, her, the mother, the family worrying about you just dumping her anyway a couple years later

Or you were only back in Thailand a month every year, didnt bother interacting with the family, respecting the religion (thats a big one)

You dont understand how you might have come off looking like the falang that just wanted to nail a hot girl for a couple of years then throw her away?

Everytime I hear a story like this, I always wonder, why would especially a farm girl, throw away a husband, that should be bringing in at least 4 X the baht than any thai guy could in the province.

One that, if the real deal, could take care of her and her parents for the rest of their lives

Unless.......

[wowfactor10]

Hey Seedy why u hide my posts?

[thaihome]

I wonder if the OP had the MIL buy the house because somebody told him that a Thai woman married to a foreigner cannot buy land. You would be surprised at how many Thais think that is still true.

TH

[blackcab]

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...

Really, he's not getting his money back because of this. You actually quoted why not:

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

The argument would be the gift was both social and moral. Support and respect of elderly family members is a huge thing in Thailand. It could easily be argued that such support was both necessary and proportionate. In my opinion I do not think a court would remove the assets from the mother on this basis.

If anything the OP's arguement would come across as sour grapes.

[ubonjoe]

Topic closed at OP's request.