30 yr lease transfer

[BritTim]

20 minutes ago, bangkoklawyer24 said:

Welcome to Thailand. You are no longer in Harlem now.

 

If your point is that the basics of property rights under Thailand's common law differs in important aspects from international norms, specifically in terms of lease agreements,  please point me at your source for this assertion. Until then, I continue to believe your characterizing the OP as lacking "common sense" (for not realizing lease agreements should be regarded as similar to employment contracts) to be unfair.

[heybuz]

thank you thai visa members, it was a straight forward divorce, the lady who did it in the gov office spoke good english and asked both myself and ex wife were there any thing else such as kids and such we both answered no and that was that, one hour gone.

[heybuz]

she called the police after an argument last time i was there as i refused to give her any more money, this was all unknown to me as two coppers came siren blaring on a motor bike.the police said nothing to me as they could see i was non the wiser as to what was happening, but on observing the reaction of the police they appeared to be giving ex a stern lecture one was actually laughing and rolling his eyes.the upshot was they hopped on their bike and left ,nothing said nothing done

 

[MikeyIdea]

Tthat was a nice win for you. Make it even bigger - Tease her with asking her to call the police again when you get there next time

 

My daughters mother used to threaten me with that she would go to my office and get me fired. I always encouraged her to do it and when she said it on the phone when I was at work once, then I opened up speaker phone and asked my friends to come and listen. I talked to them so that she could hear it and I asked her to say it all again. She hung up... She didn't believe in her own empty threats much after that. My "friends at work" weren't even close to the phone - I talked to them :)

 

Oh yes, ask her to call the police again 

 

Don't be afraid of the police. The right to occupy the house or not is civil law and the police has no right to act whatsoever. They only have the right to act in case of criminal law which would be if you assaulted her. You are safe if you don't. Getting low level police to scare you a bit is maybe possible for her, but they only want to run away (but without losing face preferably) when you shovel the law down their throat and want them to go to the police station with you to report what happened

 

Edited October 5, 2016 by MikeyIdea

[heybuz]

i had a thai friend whom i called to talk to the police to see what it was all about as i didn't have a clue apparently she told them she was in fear of her life, the coppers probably looked at me then her and cracked up

[heybuz]

update on my dilemma,i have engaged thai lawyers, they are suing my ex in a civil court action, saying that the process has been speeded up by the thai legal system and the maximum time is six months. the total cost to do this is 50,000 bht,a breakdown of costs is 30,000 court costs and 20,000 lawyers fees fixed.three court appearances which i am supposed to attend but i can use a proxy to represent me in court which i have done by signing what in western parlance is i suppose a power of attorney. hope this helps others in same situation.

Edited December 2, 2016 by heybuz
corrected but to bht

[taninthai]

I don't see where this is going apart from you losing more money,,,sounds like your ex wife owns the land,so you have 30 year lease from her ,even if you get her out does not sound like she will agree to cancel lease and renew lease to someone else.

Good luck anyway.

[heybuz]

the lawyers say she will be forced to sell i am suing her in a civil action to recoup at least half of my outlays, around 1,000,000 bht,if win and she has no money to pay she will be forced to sell the house to pay me. now i'm not hopeful but on advice from good thai friends who are not short of a quid say this is the way to go.the cost was acceptable to me from nothing to maybe something is ok.it was also mentioned if the claim goes over a certain amount the thai government takes a cut. not sure of what the cut off is though.

 remember that i was married to her and there was no division of assets in the divorce i am now precluded from living in that house, also i acquired it before marriages can only be guided by thai lawyers and thai law I'm no expert and i don't think there are to many on thai visa also as its a lottery, so i will take my chances. thanks for your reply all is generously received and welcome. ps the lawyers have checked the deeds maybe its the way it is written on said deed that allows me to go this way.

Edited December 2, 2016 by heybuz
extra

[MikeyIdea]

Please confirm: Who is the owner of the land on the chanote? Aare there loans registered on the chanote? And if ex wife now is owner of the land on the chanote, when did this transaction take place?

 

I would expect the (more correct) way is to get her evicted. I expect that she will leave or court will eventually issue an arrest warrant

 

I am surprised about "force her to sell". She is the legal owner of the land on the chanote, isn't she? and there are no loans on it, right? How can a court then order her to sell? They can't, they do not have the power too; Unless she became owner of the land on the chanote while you were married. But then this should be solved in a Family court and not provincial court. The sale could take several years

 

Also, how can she possible sell land that someone else has the right to occupy for the next 27 years? I leased land for many years in Bangkok, the owner of the land had the right to sell of course but by the power of the lease registered at the land office, I would never have left until lease was out and value of the land would surely have dropped

 

Maybe there is a way to do this and maybe you want the money more than the right to live there. Maybe this is one of those perfect Thai win-win scenarios that the court would be happy to support  You get half, she gets half and you don't want to live there for the next 27 years anyway

 

I would confirm this with another lawyer, should take longer time to get it sold than to get her evicted for sure. Sounds a bit too much advantage for her

 

Mikey

Edited December 6, 2016 by MikeyIdea

[blackcab]

3 hours ago, MikeyIdea said:

Also, how can she possible sell land that someone else has the right to occupy for the next 27 years?

 

As you pointed out, the land can be sold; it's just that there might not be any buyers unless the price is for peanuts.