And I thought this was going to be different.

samlorsam · Amateur Joined: 01 Jun 2006 Posts: 33 Location: Hua Hin

If you are legally married and have a Thai marriage certificate then you are entitled to 50% of everything (Land and house ALL POSSESIONS) as equally she is. Even if everything is in her name, it must be shared.
Get a copy of the chanode and your marriage certificate and go see a lawyer. The lawyer can arrange a proper divorce settlement with you and your wife. Most Farangs do not realize their rights under Thai Law and many Thais think you have no rights. Get in touch with the British Embassy in BKK who will give you a list of good Lawyers in BKK.

Wanderlust · Posted: Thu Jun 28, 2007 11:11 am Post subject:

samlorsam,
This was my understanding as well, BUT as far as the land goes, farang are not allowed to own it, so unless there is a Thai child in the failed marriage that the land can be transferred to, either the ex has to pay the farang 50% of the value of house and land and then owns them outright (unlikely), or vice versa (unless the legal agreement you have states otherwise but that may not hold water in the case of a divorce) or the property has to be sold and the proceeds divied up accordingly. The problem comes if, as most likely, the farang buys out the ex for her half, he has to sell the land to a Thai within a fairly short period of time; the same applies in the event that the Thai partner dies.

gooze · Specialist Joined: 20 Apr 2007 Posts: 170

Now im really confused Embarassed

buksida · Posted: Thu Jun 28, 2007 12:48 pm Post subject:

WL is correct the farang cannot own the land on death or divorce he will get a period of days (90 I think) in which to sell it or transfer the chanote to a Thai. Any lawyer that says a farang can own the land is telling porkies.

The child also cannot have it in their name until they are 16 though I do believe it is possible to setup a trust fund to hold the land until the child reaches that age, this can be done through a lawyer.
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BelgianBoy · Member Joined: 12 Aug 2006 Posts: 50 Location: Belgiumburi

anothermug? · Rookie Joined: 10 Jun 2007 Posts: 23

I thought I would update readers on how this developed, and continues to develop, though I will keep it as brief as possible.

I finally retired and moved to Hua Hin in August determined to make a go of things, fully realising it wouldn't be easy.

My wife was very cold from the moment I arrived and and she barely spoke to me, wouldn't cook for me or do my washing, spending most of the day out of the house.

It got worse and worse and she started hitting me, now I can handle myself but she was clearly trying to get me to react so she could report me to the police, I didn't hit her but she reported me anyway. In the end I felt in danger so moved out really for my own safety, even getting a black eye for my trouble.

I could go on and on but I think you will get the drift.

She continues to call me saying that she still loves and wants me to "come home", and I have to admit I have been near to it.

Thinking she might have gone back to her old profession to live in the style she is used to I did a google search of her name. There was nothing for her as an escort but I did find an advert with the house up for sale, asking for a quick sale with all my possessions, plasma tv and the like included in the sale. Prehaps it has gone already, but I will go back to my lawyer tomorrow to an attempt to retrieve what I can.

DawnHRD · Posted: Sun Dec 16, 2007 7:43 pm Post subject:

I'm so sorry this happened to you. Good luck in trying to retrieve some of your possessions. My advice? Don't go back to her, particularly if violence has been involved.

Get on with your life & my best wishes for your future.
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Randy Cornhole · Posted: Sun Dec 16, 2007 8:50 pm Post subject:

A very sad and moving tale, sadly I suspect all too common. I was here for 4 years before I found someone I trusted enough to start a life with.
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Governor · Posted: Sun Dec 16, 2007 9:43 pm Post subject:

A sad and sorry tale, good luck.

matthew80 · Specialist Joined: 17 Apr 2006 Posts: 199 Location: Canada

Very sorry to hear this is turning out quite badly for you, Anothermug. Your experience, however, is priceless info for people who, through no fault of their own, may someday find themselves in the same predicament. So we thank you for letting us in on this journey with you. Be assured that all this crap will end for you at some point in the future - as it must. You will be stronger, wiser, and ultimately, more happy because of it. Please keep us updated from time to time. Keep the faith! Cheers

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anothermug? · Rookie Joined: 10 Jun 2007 Posts: 23

Thought readers might be interested in the latest in my situation.

I went to the Land Registry Office in Hua Hin on Friday to try and stop here selling the property, but when I got there I found that she had leased the land to an Irish guy for 30 years. She has today advised me that she has actually sold the house and did so in mid October the day after she forced me out, adding that I only married her so I could steal HER house.

I knew of late she was devious but I she has stolen everything I have, and I not sure what, if anything, I can do about it.

sandman67 · Guru Joined: 11 Jul 2007 Posts: 630 Location: Hua Hin

Mate my heart goes out to you...been there myself (including the abusive & devious ex wife).

I can only echo the above - get a lawyer quick and get this in court asap.

In the meantime log calls and keep notes, and stay the hell away from her.

One other thing - don't do what I did and hit the booze hard - that just turns your life into a trainwreck.

Good luck mate thumbs up

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Wanderlust · Posted: Sun Dec 30, 2007 8:12 pm Post subject:

OK, at least you now know what has happened and what she is like - I assume you do not want to be involved with her any more, so now you have a choice; you either write off the money and put it down to experience and move on, or you employ a good lawyer who specialises in divorce and sue for divorce, which will entitle you to 50% of the marital possessions, as long as you can prove that the money to buy the house came from you. The land you are not entitled to any of, although a clever lawyer may be able to get something, especially as she has leased it, so you are entitled to 50% of the income from it I should think. The question will be whether she is prepared to divorce or not - if she is not it will cost a lot more money and effort, but it is still something you need to do; the settlement is all about whether you want or need that money. You could also file with the police against her for theft of your belongings I should think, but you really need to speak to a lawyer.

Alternatively you let it go, remain married but separated and then hit a snag further down the line if you want to marry again, and you can't find her so need to go through a lengthy procedure to divorce, involving attempts to contact her, and then if that fails a procedure involving 3 separate visits to the family court where her ID card is registered, all requiring the presence of a lawyer. At least if you do it now you know where she is and she will probably agree to divorce, which is a simple process where both of you go and sign the requisite bits of paper.

Some unscrupulous types would suggest getting a hired gun to do away with her, which would of course mean you then would own everything as her husband but I couldn't possibly suggest that Shocked

You would also be the prime suspect!

If it were me, and I didn't really need the money, I would get done and dusted with her now and let her keep everything; however if she tries to screw more money out of you to do so, consult a lawyer and throw everything at her - you never know she may have committed bigamy, which I believe is against the law here. A lot of this hinges on many things though so i will say it once more - consult a lawyer.
Good luck, you will need it Sad

DawnHRD · Posted: Sun Dec 30, 2007 8:49 pm Post subject:

You really don't deserve any of this, anothermug. It's totally sh!tty. WL gives good advice though. Either walk or see what (property-wise) you can salvage. But, do consult a good lawyer & do consider divorce, now. Best of luck & all of my good wishes.
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"The question is not, can they reason? Nor, can they talk? But, can they suffer?" - Jeremy Bentham, philosopher, 1748-1832

Make a dog's life better, today! Find out how - go to www.headrockdogs.org