Property Settlement

[Seizetheday]

Getting divorced, one house is worth about 8M Baht and I borrowed approx 3M Baht in Australia to finance the purchase of the house. It's documented, although obviously not secured on the house.

 

Is the 3M debt subtracted from the value of the house and the 5M then divided equally?

 

[colinneil]

no

[happylarry]

My wife's not here at the moment so I cant confirm yet but I am sure that whats in Oz stays in Oz. The Thai courts are only interested in what goes on in Thailand.

Sorry, it looks like you are only going to make 1 million out of the deal.

HL

Edited July 28, 2017 by happylarry

[dotpoom]

36 minutes ago, happylarry said:

My wife's not here at the moment so I cant confirm yet but I am sure that whats in Oz stays in Oz. The Thai courts are only interested in what goes on in Thailand.

Sorry, it looks like you are only going to make 1 million out of the deal.

HL

I consider myself a very positive person but couldn't raise myself ro those heights. In all probabitity rather than seeing it as "making only 1MB"..... it more than lightly is a case of the OP loosing 7MB (of course I don't know all the details).

   Either way, I hope it works out as best it can for him.

[williamgeorgeallen]

well that is a sad story and by the time you drag this through the courts there will be very little left for you. has she agreed to sell the house? selling property is very difficult, where is the house? if you can somehow get the house sold and pay out your loan in australia it will be a very good result. 

[Delight]

 The Thai law states that  all assets owned separately  by each party are not included in the matrimonial settlement

 

If you can prove i.e via a valid paper trail that the money used to buy the house was yours prior to the marriage -then that money remains yours.

Even if your money ended up in a  house in your wife's name

 

If however you agreed that the money to purchase the house was a gift -then at this stage any future outcome is uncertain

 

Assets accrued post marriage with monies earned /acquired during the marriage-then those assets will be split 50-50

Edited July 28, 2017 by Delight
added detail

[bazza73]

Prepare to have your genitals extracted by way of your wallet.

[Parsve]

According to Thai law, all belongings in a household is to be dealt equally, 50 - 50, when the couple divorce, if not a  premarital (marriage) settlement, saying something else have been made before marriage. So if you not have done that, I guess the best you can do is to sell the house and pay the loan before the divorce. Or at least sell the house, and maybe you could have your ex to pay half of the loan.

Edited July 28, 2017 by Parsve

[janpharma]

Engage a good lawyer on this matter...You can "PM" me or "happylarry"...You won't regret it.

[cyberfarang]

25 minutes ago, janpharma said:

Engage a good lawyer on this matter...You can "PM" me or "happylarry"...You won't regret it.

No lawyer will be able to get the OP out of this mess. If the land and house was not purchased strictly according to Thai law, then whatever the OP comes away with after the divorce he can consider as being a bonus.

 

Probably the OP`s best option is to try and make a reconciliation with his wife. 

[phantomfiddler]

Get a good lawyer. I was married here, and although my wife was expecting to get several million Baht I managed to get rid of her for 500 Bht ! A lot depends on who you are married to. My lawyer phoned her up and offered her 500 Bht if she turned up at the Amphur and signed on the dotted line. He told her that if she would not do this he would take her to court and guaranteed her that she would not get one penny. She opted for the 500 Bht. He told me later that, if it had gone to court, everyone in that courtroom would immediately know who and what she was, and that there was no way she could win. Think positive  !

[Seizetheday]

3 hours ago, bazza73 said:

Prepare to have your genitals extracted by way of your wallet.

Well not really. I live in a 20m Baht house in one of the nicer villages in Pattaya.

 

Everything in life is relative, 10 years of marraige, many years of threesomes and one son, I'd say she has earnt her money.

[tryasimight]

4 hours ago, Delight said:

 The Thai law states that  all assets owned separately  by each party are not included in the matrimonial settlement

 

If you can prove i.e via a valid paper trail that the money used to buy the house was yours prior to the marriage -then that money remains yours.

Even if your money ended up in a  house in your wife's name

 

If however you agreed that the money to purchase the house was a gift -then at this stage any future outcome is uncertain

 

Assets accrued post marriage with monies earned /acquired during the marriage-then those assets will be split 50-50

I recall reading on some legal thread that there were two types of property...the before and after marriage assets and also land etc. With the land/ house purchased after marriage not being equally divisible but in favour of the Thai spouse after marriage.  Could be wrong of course

[BEVUP]

Just keep it simple 

So you will need a Falang/Thai lawyer & just go to Amphor if a mutually agreed divorce, & list the terms of conditions IE Need both signatures on sale of house even though it is in her name 

She will not give the house up (remember the term castle), she has all that she wanted & the only other thing is survival (which I think they did prior to our existence )

[tryasimight]

35 minutes ago, Seizetheday said:

Well not really. I live in a 20m Baht house in one of the nicer villages in Pattaya.

 

Everything in life is relative, 10 years of marraige, many years of threesomes and one son, I'd say she has earnt her money.

I'd say that eventually you will be royally screwed over. the other girl  (assuming the other partner was female...he may have been  a man), your ex wife  and the son will have earned their money.

 

Just my opinion.

[Been there done that]

45 minutes ago, Seizetheday said:

Well not really. I live in a 20m Baht house in one of the nicer villages in Pattaya.

 

Everything in life is relative, 10 years of marraige, many years of threesomes and one son, I'd say she has earnt her money.

Pathetic.

 

As you are such a hotshot, you start this topic for what ?

[BEVUP]

11 minutes ago, Been there done that said:

Pathetic.

 

As you are such a hotshot, you start this topic for what ?

Well if true that's like $800,000 in Aud

But as for the threesome it must of been for her benifet as Im sure you would of been missing a couple of things

[Delight]

4 hours ago, tryasimight said:

I recall reading on some legal thread that there were two types of property...the before and after marriage assets and also land etc. With the land/ house purchased after marriage not being equally divisible but in favour of the Thai spouse after marriage.  Could be wrong of course

 It is essential to prove that the conversation is about assets -not simply property. Specifically assets before the marriage i.e money

 

A law Company  ,local to me, is owned and managed by a Farang. He cannot practice law.

He advises me that he has dealt with many circumstances similar to the OP

If the money trail is visible- typically this means entries in a bank book-then he will take the issue to a Thai judge.

He claims to have never lost a case.

 

 

Edited July 28, 2017 by Delight

[bazza73]

12 hours ago, Seizetheday said:

Well not really. I live in a 20m Baht house in one of the nicer villages in Pattaya.

 

Everything in life is relative, 10 years of marraige, many years of threesomes and one son, I'd say she has earnt her money.

Your OP said the house was worth 8 million baht plus a three million baht loan. Now you're living in a 20 million baht house. Threesomes? Permit me to doubt your posts are genuine.

[StevieAus]

11 hours ago, Delight said:

 It is essential to prove that the conversation is about assets -not simply property. Specifically assets before the marriage i.e money

 

A law Company  ,local to me, is owned and managed by a Farang. He cannot practice law.

He advises me that he has dealt with many circumstances similar to the OP

If the money trail is visible- typically this means entries in a bank book-then he will take the issue to a Thai judge.

He claims to have never lost a case.

 

 

How can he take it to a Thai judge if he cannot practice law?

11 hours ago, Delight said:

 It is essential to prove that the conversation is about assets -not simply property. Specifically assets before the marriage i.e money

 

A law Company  ,local to me, is owned and managed by a Farang. He cannot practice law.

He advises me that he has dealt with many circumstances similar to the OP

If the money trail is visible- typically this means entries in a bank book-then he will take the issue to a Thai judge.

He claims to have never lost a case.

 

 

 

[Seizetheday]

20 hours ago, Been there done that said:

Pathetic.

 

As you are such a hotshot, you start this topic for what ?

Thanks, you are a great help hotshot. If you couldn't help, why bother posting.

 

I only added more information as some posters thought I was getting ripped off. 

 

 

[Seizetheday]

9 hours ago, bazza73 said:

Your OP said the house was worth 8 million baht plus a three million baht loan. Now you're living in a 20 million baht house. Threesomes? Permit me to doubt your posts are genuine.

Why?

Have a look at my house in the house section posted about 2 or 3 years ago. Why don't you add your house if you aren't living in a 48 sqm condo??

[bazza73]

58 minutes ago, Seizetheday said:

Why?

Have a look at my house in the house section posted about 2 or 3 years ago. Why don't you add your house if you aren't living in a 48 sqm condo??

Because your OP conflicts with subsequent statements.

I don't have a house to add. I have no interest in owning property here. I'd rather have cash, here and in Australia.

[Destiny1990]

On 7/28/2017 at 3:10 PM, Seizetheday said:

Well not really. I live in a 20m Baht house in one of the nicer villages in Pattaya.

 

Everything in life is relative, 10 years of marraige, many years of threesomes and one son, I'd say she has earnt her money.

@Seizetheday.

what will be seized is your home but not by u. What u will seize is the mortgage payments.Enjoy ur 3somes.

[Gracas]

21 hours ago, Delight said:

 It is essential to prove that the conversation is about assets -not simply property. Specifically assets before the marriage i.e money

 

A law Company  ,local to me, is owned and managed by a Farang. He cannot practice law.

He advises me that he has dealt with many circumstances similar to the OP

If the money trail is visible- typically this means entries in a bank book-then he will take the issue to a Thai judge.

He claims to have never lost a case.

 

 

Don't they all say that.

[thaibeachlovers]

On ‎7‎/‎28‎/‎2017 at 3:59 PM, Delight said:

 The Thai law states that  all assets owned separately  by each party are not included in the matrimonial settlement

 

If you can prove i.e via a valid paper trail that the money used to buy the house was yours prior to the marriage -then that money remains yours.

Even if your money ended up in a  house in your wife's name

 

If however you agreed that the money to purchase the house was a gift -then at this stage any future outcome is uncertain

 

Assets accrued post marriage with monies earned /acquired during the marriage-then those assets will be split 50-50

Anything requiring a lawyer will be at best a 50/50 proposition. Get a bad lawyer and walk away with nothing and still have to pay the lawyer.

Every farang willing to spend millions of his own money to buy the beloved a house should read the tale of the Brit in Phuket. Apparently spent huuuuge sums on lawyers and got totally screwed.

 

In a perfect world, any farang getting married in LOS should be required to read every bad outcome marriage thread on TVF before committing.

 

BTW, a house is only worth what someone is prepared to pay for it. If a village house that cost 15 million baht only gets an offer of 15 baht that is all it's worth.

[thaibeachlovers]

On ‎7‎/‎29‎/‎2017 at 0:41 PM, StevieAus said:

How can he take it to a Thai judge if he cannot practice law?

 

???????

The law practice he owns employs THAI lawyers that would do the actual taking..........