How can I protect my assets

[JustAnotherFarang]

Hi guys

After 15 years of marriage it looks like I am heading towards a divorce. My wife has been caught withholding money from our business and also taking money from my bank account. We have discussed the situation and provisionally agreed that she will keep the houses and land in BKK (which she has placed in her families name) and that I can sell our home and land and then she will sign it over to any potential buyer.

Of course, this is easy to say and I realise that she can quite easily renege on the deal at any stage. What I am looking for is some idea that will ensure she cannot claim half of the property which is somewhere around 5 million baht. A friend suggested that we write up some sort of loan agreement of the amount the property is worth with the proviso that if we divorce this money must be paid first before the annulment is agreed. Is this possible and if so, how would I go about wording it and would I need a lawyer to ratify this agreement.

It will be an amicable split if I can arrange this or some other idea that protects my assets. If not, then I have proof of infidelity through Line app messages. Seems my wife is already looking for an old man to pay all her bills. C'est la vie

Thanks guys

JustAnotherFarang (who bought into the dream and then awoke to the nightmare)

Edited April 30, 2016 by JustAnotherFarang

[BritManToo]

Just write down the details of the financial division in the box on the back of the divorce application at the Amphur office.

It's legally binding on both parties.

[melvinmelvin]

my understanding is that the legal stipulations states that assets acquired during marriage should be split 50/50

[JustAnotherFarang]

Just write down the details of the financial division in the box on the back of the divorce application at the Amphur office.

It's legally binding on both parties.

What I should have also added is that I need to renew my marriage visa by the end of July this year to allow me to find the time to sell the property. I am certain she will help me to renew my visa so what I am looking for is something that will protect me before the annulment like a legally binding agreement to repay the 5,000,000 if and when we get divorced

JAF

[JustAnotherFarang]

my understanding is that the legal stipulations states that assets acquired during marriage should be split 50/50

Yes you are right but in this scenario she is agreeing to allow me to sell the house and property and keep the money because she has been caught stealing and says she is willing to do the amicable thing. But I will need time to sell the property before I agree to the final uncontested divorce and then end the marriage and my visa too

JAF

[BritManToo]

Just write down the details of the financial division in the box on the back of the divorce application at the Amphur office.

It's legally binding on both parties.

What I should have also added is that I need to renew my marriage visa by the end of July this year to allow me to find the time to sell the property. I am certain she will help me to renew my visa so what I am looking for is something that will protect me before the annulment like a legally binding agreement to repay the 5,000,000 if and when we get divorced

JAF

You're asking for trouble.

[gamini]

Just write down the details of the financial division in the box on the back of the divorce application at the Amphur office.

It's legally binding on both parties.

What I should have also added is that I need to renew my marriage visa by the end of July this year to allow me to find the time to sell the property. I am certain she will help me to renew my visa so what I am looking for is something that will protect me before the annulment like a legally binding agreement to repay the 5,000,000 if and when we get divorced

JAF

You're asking for trouble.

you must engage a lawyer whether you like it or not.

[hanuman2543]

Sorry it is not possible to protect yourself in that way. I suggest you look up CCC, Section 1469.

[JOC]

She cheated on you and stole from you. I wouldn't trust any deal made with a woman like that !!

What if you can not sell the property ? What if the price you will get is far lower than the expected 5M?

You owe her no consideration..............Fight !!

[aussiandrew]

Let's say you are can organise yourself for a Retirement O Visa at the first opportunity one less thing that could go wrong for you at the worse possible time.

You have been married and your debts are her debts and vis verse. Stop any joint bank accounts to stop the continue disappearance of your funds open up a new account in your own name she will have sign to close the bank accounts and you can see what sort of response/mode you will be going to experience during the various stages of parting amicable.

Let me know if you need any more advice. Small slow steps brother.

Sorry to hear of your pain.

[steve187]

an extension based on marriage will end when the marriage ends, get a year multi entry in Savannakhet.

as to the divorce good luck

[JustAnotherFarang]

Just write down the details of the financial division in the box on the back of the divorce application at the Amphur office.

It's legally binding on both parties.

What I should have also added is that I need to renew my marriage visa by the end of July this year to allow me to find the time to sell the property. I am certain she will help me to renew my visa so what I am looking for is something that will protect me before the annulment like a legally binding agreement to repay the 5,000,000 if and when we get divorced

JAF

You're asking for trouble.

you must engage a lawyer whether you like it or not.

I think you may well be right about the lawyer but I don't know how they can help me right now without antagonising the situation at the moment regarding my visa. I am legally allowed to stay in the country until the end of July and thats when I would go and do a marriage renewal which I think she would agree too as I have done nothing wrong to her other than show my anger and disapproval of her behaviour. At the moment she is staying with her family in BKK and in Hua Hin where I have found out that she is in the process of forming a new relationship with an old guy with money.

I know that the properties in BKK are in her families name and the land in Nonthaburi is in her sisters name. I have agreed that she can have them as I have no reasl legal right to claim them. The land that I bought and the house that I built and live in definately in her name even though I had insisted that it was put into my name. I now have the chanote and house book safely hidden away. All of this only came to light over the last 6 months and it drove a massive wedge between us as I realised just how dishonest and untrustworthy she really was.

The money that she took from me was a small amount from my personal account. I was hospitalised with cellulitis and she needed to withdraw funds to pay my hospital bill. 6 months later and she took my atm card and withdrew 20,000 bht without my permission or acknowledgement. I only realised she had done this when I saw my statement the following month.

Sorry if my responses seems a little muddled and confusing, its just that my mind is all over the place at the moment struggling to work out what is best for me to do.

JAF

PS With regards to a retirement visa, I am 48 in July so I cannot apply for that right now. But I notice someone mentioned getting a year multi entry in Savannakhet. How easy is that to do and what provisions would I need to ensure I receive it

Edited April 30, 2016 by JustAnotherFarang

[chicowoodduck]

Welcome to the party.....my best advice on how to protect your interests? Keep it all off shore and in your name....own NOTHING in LOS. Only have enough in your Thai bank for emergency measures and sleep well at night.....????

[Krataiboy]

You are legally entitled to a half share of ALL assets - including property - acquired since you married (irrespective of whose money was used or whose names are on title deeds) unless they were specifically designated as "gifts" to your wife.

You do not need to engage a lawyer if you can get your wife to settle for an "quickie" uncontested divorce which can be granted by the Amphur office where you were married.

In your position, I would tell your wife that you have checked your legal entitlement giving you a 50 percent share of everything, but are willing to go along with the agreement you have already reached verbally, provided the terms are enshrined in a signed and witnessed mutual divorce Agreement; this will have the power of law once it has been accepted at the Amphur office as part of the divorce settlement.

It is worth putting in a line at the end stating that the Agreement is the full and final settlement of any claims, so she cannot come back later and try for more.

It worked for me and cost just 20 baht Amphur fee.

Can't help you with getting your wife to OK your marriage visa extension. Mine did this for me, but not without throwing a dreadful wobbly at the Immigration Office

that still resonates horrifyingly after 14 years!

Hopefully, since she is the "guilty" party (they still recognise them in Thai divorce courts) she will do you this favour.

Best of luck.

[al007]

Sad but these things happen

GET LAWYER

DO not renew marriage extension, other wise once divorce in place she could have you sent out of country and have physical control of all assets

DO retirement extension or any other visa not dependant on marriage

LAWYER ESSENTIAL

[catman20]

Hi guys

After 15 years of marriage it looks like I am heading towards a divorce. My wife has been caught withholding money from our business and also taking money from my bank account. We have discussed the situation and provisionally agreed that she will keep the houses and land in BKK (which she has placed in her families name) and that I can sell our home and land and then she will sign it over to any potential buyer.

Of course, this is easy to say and I realise that she can quite easily renege on the deal at any stage. What I am looking for is some idea that will ensure she cannot claim half of the property which is somewhere around 5 million baht. A friend suggested that we write up some sort of loan agreement of the amount the property is worth with the proviso that if we divorce this money must be paid first before the annulment is agreed. Is this possible and if so, how would I go about wording it and would I need a lawyer to ratify this agreement.

It will be an amicable split if I can arrange this or some other idea that protects my assets. If not, then I have proof of infidelity through Line app messages. Seems my wife is already looking for an old man to pay all her bills. C'est la vie

Thanks guys

JustAnotherFarang (who bought into the dream and then awoke to the nightmare)

[catman20]

No sympathy , seen it so many times before. Why put someone in control of your future.

[eddie61]

Would it be possible to get a 30 year lease for the house and other assets in your favour?

This would be enforceable in court even as a foreign devil, provided you can agree on the lease terms.

Just an idea, she gets some cash and you strengthen your legal position.

[LivinLOS]

Sell it to a trusted 3rd party now.. Then you have control..

After that.. Sick a lawyer onto her and go for the 50/50 fight...

[NoshowJones]

She cheated on you and stole from you. I wouldn't trust any deal made with a woman like that !!

What if you can not sell the property ? What if the price you will get is far lower than the expected 5M?

You owe her no consideration..............Fight !!

.Fight !! This is Thailand, and in the end, there is only going to be one winner here, but I sincerely wish you the best of luck.

Edited May 2, 2016 by possum1931

[BlackJack]

she has committed a criminal act and so have her charged!

then start negotiating

you will get more

[LPCustom69]

You do understand that even if you get a new 1 year extension in July, it ends with the divorce.

[Junkyarddog]

Sir

Fifteen years isn't a bad run. Mine lasted ten years before the BS started We divorced last August and I have to admit lost and alone sometimes

However many marriages back home do not last as long as ours did. Try to remember the happy times and get on with your life.

[likeke]

This is way I will never invest a sinle penny in a 3rd world country, or marry one of its women. Next time do your homework, and I hope for your sak there will be no next time.

[little mary sunshine]

Screwed!

[wherma22]

Definitely screwed!

[RogerW7799]

I had a similar situation with an Eastern European wife . . . .

Do not consider "fairness" in your strategy . . . your wife certainly won't. Her thinking is probably that you can go back to your home country and earn a bunch more money, even if that's not the case, and regardless of anything you tell her otherwise. In her mind she's going to make it "OK" to tear away from you every last baht she can get away with.

Have an "evaluative" consultation with at least three lawyers.

Remember, lawyers make their money even if you lose the case, so it's in their best interest to tell you whatever they need to in order to get you to hire them. Not saying that there aren't any ethical lawyers out there, but the likelihood is that they'll be using the same logic as your wife, and trying to gouge out of you every last baht they can with small regard to your welfare.

I'm not a lawyer, but it seems to me your best hope is what Krataiboy said, "In your position, I would tell your wife that you have checked your legal entitlement giving you a 50 percent share of everything, but are willing to go along with the agreement you have already reached verbally, provided the terms are enshrined in a signed and witnessed mutual divorce Agreement; this will have the power of law once it has been accepted at the Amphur office as part of the divorce settlement." If that is correct, then let her know it's in her best interest to settle.Suggest she goes to a lawyer to verify that. Instill fear that she will get far less money if she doesn't work things out.

That's if you're willing to settle. If it were me, I would seriously consider not settling if you can get 50% of your assets back. Why give her anything more than the minimum the law provides? It doesn't sound like she needs charity. She stole from you, and she didn't keep her marriage vows. Had you known she was going to leave you for another guy, would you have bought all that property for her? No. So your actions were based on her misrepresentations and greed. What did she do to deserve all that money anyway?

I think you should get internally strong and seek justice. Hire the nastiest lawyer you can -- one you can sort of trust -- and make your wife pay for her crimes. However, you better move to another place to live, and get a vicious guard dog, put good locks on your house and bedroom door, and watch your back until this is all settled. Better yet, move to another location and don't tell her where it is. Also, see if you can find a tiny sound recorder, or use your phone, and have it in your pocket when you talk with her. Try to get admissions of her guilt recorded.

There's a lot of money at stake here, so don't be afraid to invest some more to get whatever money you can back.

You best strategy really depends on your legal standing and how things will play out in court. For that, you need to find the best legal advice you can. Don't fight a battle you have little chance of winning, and always do what is in your best long-term interest, not what may be emotionally desirable.

One last thing . . . stay calm, don't get argumentative, don't show anger, treat this like the business deal that it is. In fact, if you can deal with her with calm coldness, she'll sense you're not the pushover you have been and she may be more likely to settle with you. Don't let her bully you, emotionally or otherwise.

Those are my suggestions.

Of course, listen to everyone here then come to your own conclusions about what is best for you.

Good luck.

[patrick1968]

wish you all the best i hope you can get the 50/50 ,,,,, good luck

[bander]

Get yourself a bodyguard, maybe you can keep your life.

[bander]

I had a similar situation with an Eastern European wife . . . .

Do not consider "fairness" in your strategy . . . your wife certainly won't. Her thinking is probably that you can go back to your home country and earn a bunch more money, even if that's not the case, and regardless of anything you tell her otherwise. In her mind she's going to make it "OK" to tear away from you every last baht she can get away with.

Have an "evaluative" consultation with at least three lawyers.

Remember, lawyers make their money even if you lose the case, so it's in their best interest to tell you whatever they need to in order to get you to hire them. Not saying that there aren't any ethical lawyers out there, but the likelihood is that they'll be using the same logic as your wife, and trying to gouge out of you every last baht they can with small regard to your welfare.

I'm not a lawyer, but it seems to me your best hope is what Krataiboy said, "In your position, I would tell your wife that you have checked your legal entitlement giving you a 50 percent share of everything, but are willing to go along with the agreement you have already reached verbally, provided the terms are enshrined in a signed and witnessed mutual divorce Agreement; this will have the power of law once it has been accepted at the Amphur office as part of the divorce settlement." If that is correct, then let her know it's in her best interest to settle.Suggest she goes to a lawyer to verify that. Instill fear that she will get far less money if she doesn't work things out.

That's if you're willing to settle. If it were me, I would seriously consider not settling if you can get 50% of your assets back. Why give her anything more than the minimum the law provides? It doesn't sound like she needs charity. She stole from you, and she didn't keep her marriage vows. Had you known she was going to leave you for another guy, would you have bought all that property for her? No. So your actions were based on her misrepresentations and greed. What did she do to deserve all that money anyway?

I think you should get internally strong and seek justice. Hire the nastiest lawyer you can -- one you can sort of trust -- and make your wife pay for her crimes. However, you better move to another place to live, and get a vicious guard dog, put good locks on your house and bedroom door, and watch your back until this is all settled. Better yet, move to another location and don't tell her where it is. Also, see if you can find a tiny sound recorder, or use your phone, and have it in your pocket when you talk with her. Try to get admissions of her guilt recorded.

There's a lot of money at stake here, so don't be afraid to invest some more to get whatever money you can back.

You best strategy really depends on your legal standing and how things will play out in court. For that, you need to find the best legal advice you can. Don't fight a battle you have little chance of winning, and always do what is in your best long-term interest, not what may be emotionally desirable.

One last thing . . . stay calm, don't get argumentative, don't show anger, treat this like the business deal that it is. In fact, if you can deal with her with calm coldness, she'll sense you're not the pushover you have been and she may be more likely to settle with you. Don't let her bully you, emotionally or otherwise.

Those are my suggestions.

Of course, listen to everyone here then come to your own conclusions about what is best for you.

Good luck.

Get a thai lawyer and he will help your wife to rip you off and they split 50/50, you end up with nothing and a huge bill to your lawyer.