Seizetheday Posted July 28, 2017 Share Posted July 28, 2017 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? Link to comment Share on other sites More sharing options...
colinneil Posted July 28, 2017 Share Posted July 28, 2017 no Link to comment Share on other sites More sharing options...
happylarry Posted July 28, 2017 Share Posted July 28, 2017 (edited) 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 Link to comment Share on other sites More sharing options...
dotpoom Posted July 28, 2017 Share Posted July 28, 2017 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. Link to comment Share on other sites More sharing options...
williamgeorgeallen Posted July 28, 2017 Share Posted July 28, 2017 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. Link to comment Share on other sites More sharing options...
Delight Posted July 28, 2017 Share Posted July 28, 2017 (edited) 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 Link to comment Share on other sites More sharing options...
bazza73 Posted July 28, 2017 Share Posted July 28, 2017 Prepare to have your genitals extracted by way of your wallet. Link to comment Share on other sites More sharing options...
Parsve Posted July 28, 2017 Share Posted July 28, 2017 (edited) 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 Link to comment Share on other sites More sharing options...
janpharma Posted July 28, 2017 Share Posted July 28, 2017 Engage a good lawyer on this matter...You can "PM" me or "happylarry"...You won't regret it. Link to comment Share on other sites More sharing options...
cyberfarang Posted July 28, 2017 Share Posted July 28, 2017 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. Link to comment Share on other sites More sharing options...
phantomfiddler Posted July 28, 2017 Share Posted July 28, 2017 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 ! Link to comment Share on other sites More sharing options...
Seizetheday Posted July 28, 2017 Author Share Posted July 28, 2017 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. Link to comment Share on other sites More sharing options...
tryasimight Posted July 28, 2017 Share Posted July 28, 2017 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 Link to comment Share on other sites More sharing options...
BEVUP Posted July 28, 2017 Share Posted July 28, 2017 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 ) Link to comment Share on other sites More sharing options...
tryasimight Posted July 28, 2017 Share Posted July 28, 2017 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. Link to comment Share on other sites More sharing options...
Been there done that Posted July 28, 2017 Share Posted July 28, 2017 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 ? Link to comment Share on other sites More sharing options...
BEVUP Posted July 28, 2017 Share Posted July 28, 2017 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 Link to comment Share on other sites More sharing options...
Delight Posted July 28, 2017 Share Posted July 28, 2017 (edited) 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 Link to comment Share on other sites More sharing options...
bazza73 Posted July 29, 2017 Share Posted July 29, 2017 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. Link to comment Share on other sites More sharing options...
StevieAus Posted July 29, 2017 Share Posted July 29, 2017 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. Link to comment Share on other sites More sharing options...
Seizetheday Posted July 29, 2017 Author Share Posted July 29, 2017 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. Link to comment Share on other sites More sharing options...
Seizetheday Posted July 29, 2017 Author Share Posted July 29, 2017 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?? Link to comment Share on other sites More sharing options...
bazza73 Posted July 29, 2017 Share Posted July 29, 2017 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. Link to comment Share on other sites More sharing options...
Destiny1990 Posted July 29, 2017 Share Posted July 29, 2017 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. Link to comment Share on other sites More sharing options...
Gracas Posted July 29, 2017 Share Posted July 29, 2017 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. Link to comment Share on other sites More sharing options...
thaibeachlovers Posted September 9, 2017 Share Posted September 9, 2017 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. Link to comment Share on other sites More sharing options...
thaibeachlovers Posted September 9, 2017 Share Posted September 9, 2017 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.......... Link to comment Share on other sites More sharing options...
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