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Help With Divorce Options


JJJIIIMMM

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Hi Guys - our marriage has ran it's course i believe, and my wife and i met a lawyer to discuss options.  These are the 4 options we laid out between us, and i am now trying to think what to do.  My wife has cheated on me and i have proof, plus she is now applying for a visa to visit Europe and be with her new boyfriend.  The lawyer seemed to say that it didn't matter what had gone on before, it was all about now, and moving forward.  No children are involved. I have a usufruct on the land. The land is in her name. I love this house and dont really want to sell.

 

Here are the options:-

 

1 – Family court

Let the court decide how the house should be divided up.  The cost is 5% of the house value, and so is expensive and not advisable, said the lawyer.

 

2 – Lump sum payable by me

I pay my wife an agreed amount.  I can pay every month for 2 years maybe.

When payments start, we set up a Thai company and put land and house into company name.

Land and house build cost about 7 million.  My wife is asking for 4 million pay off.

Can a company be set up where I have all the power?  Could I put my wife’s two children as shareholders (might help as a sweetener)?  Would they be able to cause me problems later?

 

3 – Sell in one year and share the proceeds 50/50. 

If a buyer for the house cannot be found, then the house goes to auction and selling price may be low.  This also not good for me as it means I have to do the selling as my wife plans on going to Europe to be with her boyfriend. Also the housing market seems slow here in hua hin at present.

 

4 – Lease the land and house

Lease the land and house from my wife for 30 years. 

Is this a good method?  Is it marked on the chanote and so stops my wife from selling it? Can I sell the house lease in ten years’ time, for example?  Could I rent the house out and receive income like that?

 

What do you guys think would be the best option? I should be able to scrape together about 3 million if i borrow, 4 million is not possible i think, plus all the extra fees that are involved for transferring the land and house to a company etc.

I am seeing my lawyer soon, but i just wanted to ask for advice on here first..........

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Thanks HappyLarry - your message has helped me a lot. 

 

I am going to see my own lawyer now and will email you back what she says this afternoon.  Thanks for taking the time to write me such an informative message :)

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