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Getting Divorced.. Car not in my name but want to pay it off and keep it myself.. What do I do?


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Posted

Getting Divorced and the car still has 150000 Baht before it's paid off.. The Bank has the Blue book.. Now here is my worry.. I have to give my wife the money to pay the car off but it's still her car till I go And Register it in my name... How would you go about not losing your money just incase she refuses to give it to you after you have paid the Balance?? I'm thinking of a solicitor as proof..

Posted (edited)

If you bought the car after you were married, it's half hers anyway, as are all other assetts aquired while married.

Or if you've come to some agreement regarding the division of wealth, get it done through a lawyer. Everything agreed and signed - and then he can supervise the payment and change of ownership via the use of a POA (power of attorney).

However, it still has the potential to go tits up. Thailand, Lawyers.........not a great recipe. blink.png

Alternatively, you could get a POA from your wife authorising you to make the payment and change the ownership. But being a farang, the chances are that a Thai person at the bank or the transfer office will make life difficult for you that may involve lubrication payments. Or they just may refuse to accept the POA unless the wife is there to authenticate it.

Irrespective of all the above, you will need your wifes involvement/agreement to everything. Is that likely to be obtained?

Edited by Gsxrnz
Posted

If you bought the car after you were married, it's half hers anyway, as are all other assetts aquired while married.

Or if you've come to some agreement regarding the division of wealth, get it done through a lawyer. Everything agreed and signed - and then he can supervise the payment and change of ownership via the use of a POA (power of attorney).

However, it still has the potential to go tits up. Thailand, Lawyers.........not a great recipe. blink.png

Alternatively, you could get a POA from your wife authorising you to make the payment and change the ownership. But being a farang, the chances are that a Thai person at the bank or the transfer office will make life difficult for you that may involve lubrication payments. Or they just may refuse to accept the POA unless the wife is there to authenticate it.

Irrespective of all the above, you will need your wifes involvement/agreement to everything. Is that likely to be obtained?

She has said she doesn't want the car but she won't let me sell the washing machine or Fridge Freezer in the House.. So basically I'm getting nothing from inside the House... I can't be bothered to Argue over a washing machine or Fridge but that does lead me to be skeptical about the car once it's paid off..

Posted

I really hope you get along with your ex-wife and she is reliable and you can trust her to turn at the various offices so you can complete the important paper work. Best of luck

Posted

A friend is currently going through a separation leading to divorce and he has said that when applying for your divorce at the Amphur a contractual agreement is made between both parties regarding wealth or future commitments, even as much that if property in wifes name is agreed you get half a lean on the Chanote can be made at the land office so she can sell, I would think something similar could be done regarding your car. From your name I take it you are near Burriram, do you have any local support from friends or anyone

Posted

My honest opinion talking from having had this my self,forget it,you will never get what you want,just write it off it will be less costly in the long run.There is so many xs against your success its really not worth the hassle.unless you can take her down to the office with a reliable witness and do everything there and then including handing you the book all the relative paperwork and the 2 sets of keys.otherwise for me id forget it youv lost before you start and only upset yourself more.Walk away and forget,hard but in the longrun well worth it.Good luck to you anyway.PJK.

Posted

Just get it transferred before you pay it off. You both will need to talk to the leasing office.

it needs to be paid off before the book is transferred.

Posted

A friend is currently going through a separation leading to divorce and he has said that when applying for your divorce at the Amphur a contractual agreement is made between both parties regarding wealth or future commitments, even as much that if property in wifes name is agreed you get half a lean on the Chanote can be made at the land office so she can sell, I would think something similar could be done regarding your car. From your name I take it you are near Burriram, do you have any local support from friends or anyone

Theres the law.. then theres making the law actually apply..

I know someone awarded 50% of a prime hillside phuket house.. when it was to be sold, she scared off buyers, blew meetings, missed appointments.. In the end he was trying to get 4 or 5 mil sale on a 10 or 12 mil house.. to be able to claim 2 of 2.5 of it..

Yes the law says.. but...

Posted

Just get it transferred before you pay it off. You both will need to talk to the leasing office.

it needs to be paid off before the book is transferred.

Or you can have the debt transferred first..

Psychologically shes more likely to sign off on 'not owing money' than she is on 'owning a car'.. asset v liability..

Posted

I agree with other posts here and having had a divorce in Thailand I have a little experience. Although the car was paid for before problems arose the car was in my wife's name. However, since the law had been changed so that foreigners could own a car I insisted on having the name changed to mine. Since, by mutual agreement, my wife was getting everything else I'd paid for (we had various things done to her house but the bills were in my name) all I wanted was the car. I suggested that if she didn't agree it would be left to a court to decide (18 years of marriage). She agreed and the name was changed at the traffic and the change of ownership entered in the blue book before divorce. Other posters here might say that I was lucky to get that agreement and that may well be true so the advice here is to think very clearly about the importance of the car. If you are going to get a lot of hassle then it might be easier for you to let someone else pay what is owed and for you to start anew. In my case I had something to lever with (bills and bank transfers in my name etc.) and this may or may not apply to you. If you are unfortunate enough to go to court you will have to pay for a lawyer anyway and I have no idea how much that would cost you. I do hope you can have the car and that a mutual agreement between you both can be achieved because divorce is difficult enough to cope with anyway. Best of Luck!

Posted

In my case she said '' i will call the police and tell them you stole my car '',,

and you will go to jail. The car i paid for with my money, fine,, you keep it,

now not have car, they are not very smart, and i am not in jail.

Posted

My honest opinion talking from having had this my self,forget it,you will never get what you want,just write it off it will be less costly in the long run.There is so many xs against your success its really not worth the hassle.unless you can take her down to the office with a reliable witness and do everything there and then including handing you the book all the relative paperwork and the 2 sets of keys.otherwise for me id forget it youv lost before you start and only upset yourself more.Walk away and forget,hard but in the longrun well worth it.Good luck to you anyway.PJK.

Hopeless suggestion.It just involves a bit of running around,paper work,150k baht and patience and you have a fairly new car.

Posted

When you divorce at amphor, you must agree about settlement that you write down together before (with or without a lawyer), which then will be written down at divorce papers and signed by you, your ex to be and two witnesses.

Eg. The land/house will be hers, the car will be yours (when you have made the rest payments), proceeds from sales of washing machine, fridge and freezer must be shared, etc. etc. .....

As long as you agree, the amphor will be very helpful.

(Wish you can read Thai)

Good luck.

.

Posted

Happened to me in Sweden , But my ex was Thai ofc. car i her name, but after divorce i told her i anted the car so after i paid off its mine. Ty she said, ty for taking the car so i dont have to think about that.After 9 months when it was time to put it in my name she sad. You know i want my car, i said what! I have the right to take my car she said and so she did.

End of story..................

Posted

Hi, this is my first reply after reading any story, I have gone through similar, but not married. My advice is.

Give-up. If you go ahead, and pay it off, first it takes 4-6 weeks for the blue book to be sent to your wife, the owner, they will not put it in your name. Then her family will advise her NO. If you try to get her to transfer or sell it to you. Even if she did, you as a farang cannot own a car, unless you have a residence here. I take it, you will not, since she gets the house. They would not let you use a hotels address. I am lucky, I still stay here for 6 months of the year, with my family, fairly happy, as she promised yes, she will transfer, but now it's paid for, I am happy to leave it in her name. And still enjoy her, the family, the house, and of course the car.

Posted

hardly worth getting lawyers involved over a car ,when i divorced our car still had finance on it since i didn't actually use my own cash to buy it the money come from our bussiness i just let her keep it ,my advice just try and sell it and split the money 50/50.

  • 2 weeks later...
Posted

Happened to me in Sweden , But my ex was Thai ofc. car i her name, but after divorce i told her i anted the car so after i paid off its mine. Ty she said, ty for taking the car so i dont have to think about that.After 9 months when it was time to put it in my name she sad. You know i want my car, i said what! I have the right to take my car she said and so she did.

End of story..................

The end of that story should have been her falling from a balcony....

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