Contested divorce - 2 houses at stake

[adhd]

Advise please

 

in case of contested divorce 

 

wife bought or got 2 houses in her name (partial gift but I pay the father in law monthly re-payments)

 

I never went to land department to sign any paper to say this was not my money and was not asked to do that.

 

Houses were bought during marriage.

 

I signed some passport photocopies which I thought was for a US visa for the children or permission that they could go without me, could that be used/ faked at land department ?

 

Do I have any chance to get 50% of the properties even I officially paid for none as monthly re-payments are cash only.

 

When I suggested in an argument that I knew my rights and could demand 50%, the psychopath started a rage beyond belief (rabies dog style) hitting her own head (kids were sadly witness of this, good or bad), she tried again to involve police , asked kids to lie that I hit her ... 

 

Yes, I am at the end of my patience / line ...

 

I am 50x more Zen buddhist than my crazy wife as I try to stay calm even during these fury attacks.

 

Kids also fed up with her selfish behaviour beyond belief... no one in their class understand what it is to have such a mother, except just one child that can relate as that one also has a mentally unstable woman as a mother and would prefer to live with me in the future.

 

 

 

 

 

 

[happylarry]

If you seriously want advise then check the pm I sent you on your other post.

HL

[MikeyIdea]

adhd: Follow Harry's advice  :)

 

[colinneil]

Walk away and put it down to experience, because you have no chance of getting anything.

[chiang mai]

Joint assets acquired whilst married are subject to divorce laws in Thailand which typically sees a 50/50 split. Yes, even if you are not Thai!

[adhd]

thanks all for your input

[blackcab]

Who owned the houses before? If:

 

1. Her father owned them, and

2. He gave them as a gift, and

3. He wrote a letter stating the gift was to be the private property of your wife, and not joint marital property

 

You will probably get nothing. Otherwise you could get half.

[williamgeorgeallen]

On 10/21/2016 at 6:36 PM, chiang mai said:

Joint assets acquired whilst married are subject to divorce laws in Thailand which typically sees a 50/50 split. Yes, even if you are not Thai!

this is the law but it rarely works out that way. be prepared for some big legal bills but if you fight it you may be able to get the properties put in your kids names.  good luck.

[chiang mai]

29 minutes ago, williamgeorgeallen said:

this is the law but it rarely works out that way. be prepared for some big legal bills but if you fight it you may be able to get the properties put in your kids names.  good luck.

 

Once again, that is the law and that typically is the outcome, large legal bills are not a prerequisite.

[SOUTHERNSTAR]

On Friday, October 21, 2016 at 6:28 PM, colinneil said:

Walk away and put it down to experience, because you have no chance of getting anything.

Worst advice ever.

[little mary sunshine]

Looks like you'll get little or nothing...Save the 

lawyer fees.!!  Father in law was smart to give

the property to Her!!  He covered His A**!

[williamgeorgeallen]

49 minutes ago, chiang mai said:

 

Once again, that is the law and that typically is the outcome, large legal bills are not a prerequisite.

10 years here and i have never met a single guy who got half his house back or any other compensation for that matter. i have one friend got his house put in his sons name and the mother lost custody for her behavior. that cost him a lot of money in lawyers though.

[chiang mai]

Just now, williamgeorgeallen said:

10 years here and i have never met a single guy who got half his house back or any other compensation for that matter. i have one friend got his house put in his sons name and the mother lost custody for her behavior. that cost him a lot of money in lawyers though.

 

One British friend who proved the money used to build the house came from overseas, from his UK account and into his Thai. account - he ended up with ownership of the property (in a company name) and she was paid off to the tune of about twenty per cent of the construction value, this because she had misappropriated funds in her care.

 

A second British friend divorced after seven years of marriage - the value of the property was assessed, he kept ownership and she was paid off.

 

Legal fees in both cases were sub. 50k baht.

 

And if you talk to a real lawyer, a good one who knows first hand about these things, they will tell you the above is very common, despite the perception that farangs can never win blah blah.

[performance]

She is a animal mate. There's many. Well your homes as you know the land you can never own..Although your married. so in saying that she has no means of income and probably never did. I not want to insult you but before you she was probably just doing her best. Never paid taxes never FA. 

IMMEDIATELY get a lawyer and witness. Every case is different.  Yes you are entitled to cash..maybe not 50 % But a hefty sum. STAY AWAY from the rat lady. Courts and make sure you take time to Google a good lawyers name and ask around. Warning lawyer is make or break

Do now 

[performance]

1 hour ago, chiang mai said:

 

One British friend who proved the money used to build the house came from overseas, from his UK account and into his Thai. account - he ended up with ownership of the property (in a company name) and she was paid off to the tune of about twenty per cent of the construction value, this because she had misappropriated funds in her care.

 

A second British friend divorced after seven years of marriage - the value of the property was assessed, he kept ownership and she was paid off.

 

Legal fees in both cases were sub. 50k baht.

 

And if you talk to a real lawyer, a good one who knows first hand about these things, they will tell you the above is very common, despite the perception that farangs can never win blah blah.

There you go a good lawyer

[chiang mai]

Just now, performance said:

There you go a good lawyer

 

There's plenty around, trouble is people too often go for the cheapest and/or don't know where to look.

[performance]

If you not move real fast she will do a dodgy sale. You will get 0. Move fast play dumb. Tell her your sorry ok let's give it some time. In that time get the <deleted> lawyer to stop sale.

[colinneil]

2 hours ago, SOUTHERNSTAR said:

Worst advice ever.

Why do you say worst advice ever ????

I take it you have not had an experience same as the OP Ii HAVE GOT SCREWED FOR EVERYTHING, by Thai court.

[Anthony5]

2 minutes ago, colinneil said:

Why do you say worst advice ever ????

I take it you have not had an experience same as the OP Ii HAVE GOT SCREWED FOR EVERYTHING, by Thai court.

And because you got screwed, why you got screwed in your opinion is even another matter, everyone get screwed?

 

Indeed worst advice ever.

[chiang mai]

As sad and as harsh as it may seem at this point, the OP, like many others, seems to have trusted in love rather than the law.

 

He agreed to make monthly payments to the FIL for a house he didn't own or have any interest in outside of his marriage to his daughter. Yet he doesn't appear to have put any contract in place to protect himself and this comes across as being rent to a third party. I guess the question is, what were his expectations at the outset, was it that true love would see him through and it would all be OK in the end, hmmmm!

 

And exactly how, given the above, the OP was screwed by the Thai courts is totally unclear, he paid rent and then he was asked to move out, is that not the picture or was he supposed to get a refund from the father, given the marriage had failed, hmmm!

[SOTIRIOS]

...even if you don't sign the passport copies...they can easily be faked and accepted....

 

...talking from firsthand experience....

 

...how to ever expect a modicum of justice....???

[MyFriend You]

9 hours ago, performance said:

She is a animal mate. There's many. Well your homes as you know the land you can never own..Although your married. so in saying that she has no means of income and probably never did. I not want to insult you but before you she was probably just doing her best. Never paid taxes never FA. 

IMMEDIATELY get a lawyer and witness. Every case is different.  Yes you are entitled to cash..maybe not 50 % But a hefty sum. STAY AWAY from the rat lady. Courts and make sure you take time to Google a good lawyers name and ask around. Warning lawyer is make or break

Do now 

............Good Luck on tis   -  my only advice is get a Lawyer far, far away from your Village  or where the houses are - Lawyers in Thailand can be snakes - I am lucky - I have a good lawyer in Pattaya, even though I don't live there any more, I still keep her on retainer, and visit once in a while to take her out to a great dinner.     Finding a good lawyer in Thailand needs to be a long term relationship, beware of the ones that pop up and say "Heard you need a Lawyer, I can help"  (I met mine when I backed into her car with my Truck in Big C)  

[callaway]

Call the small amount you would be paying as rent. They are a poor people the Thai and here is a low farang wanting to get part of a gift from father to daughter. How low can one go. And its not about what one is entitled too, its about morals. If it goes to the kids well and good which it will in the long run. But as for you? Get out of the house/marriage. She deserves better. No wonder she goes crazy. Sounds like you have bugger all and trying to get a few bucks. Go and get a job or leave if cannot afford to live here. Did you expect to live free in other peoples properties? Being this low one could break legs falling out of a snakes ass

[jacksam]

No mention of where the houses are. Most likely some village out back of bum****. Meaning VERY difficult to sell. Sounds like you have basically been paying rent. You have done that with "cash". Do you have the financial resources for legal battle with little positive outcome. Thinking you have been very foolish and also indicated by asking TV for advice. You will end up with very little and possibly entitled to less. She has two kids to maintain. Did not mention if your the legal father. You have outlined the extent of equity in the houses. You mentioned purchased from father and ongoing repayments. The equity less selling costs and legal fees could be negative. Meaning you get less than zero. In any event put it down to experience and move on. Exactly how much have you spent after deducting what you would have spent in rent. Personally thinking deserve what your likely to receive. Zip

Edited October 29, 2016 by jacksam

[catman20]

13 hours ago, chiang mai said:

 

There's.  plenty around, trouble is people too often go for the cheapest and/or don't know where to look.

Lawyers ,

you never Know IF There any good untIl Uve Paid them up front and nothing happens

[louse1953]

 

"When I suggested in an argument that I knew my rights and could demand 50%"

Obviously you don't know your rights or you would have done things differently in the 1st place.Lawyer up if you want your rights as of the situation you have put yourself in,explained to you,same as the west.Only 2 winners out of this,lawyers and your wife.Be happy to get access to your children.

[Deepinthailand]

Whilst I would feel for the op and his children in this and his last thread. It is still only his word. In my opinion he needs to employ a good solid lawyer and let the courts settle this matter if everything the op says is correct for the children's sake the sooner the better. posting on here is not going to sort it out. Take the advise given and contact a good  lawyer for the sake of your children.

[jacko45k]

20 hours ago, williamgeorgeallen said:

10 years here and i have never met a single guy who got half his house back or any other compensation for that matter. i have one friend got his house put in his sons name and the mother lost custody for her behavior. that cost him a lot of money in lawyers though.

I hear many claims where, if the foreigner can prove it was his money that acquired the assets, his claim is proven and he can get at least 50% of the assets. Be prepared to spend a lot of money on legal fees. If the ex is also prepared to get legal help, be prepared for a fight that may or may not go your way.

[KBsinter]

Cannot advise,but it don"t sound good,a friend of mine hired a interpreter, (my advise)

turned up in court and got a result of sorts,his case similar to the OP,at least he did"nt

have pay a lawyer,and he felt like he won.........

[Ulic]

I feel your pain. Best of luck to you and your kids.