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Separated for 10 years, can GF’s husband claim on property she bought while separated ?


MikeN

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@4MyEgo he refused a divorce before because he was back home in Europe and supposedly “never going back to Thailand”. Now it turns out that he is back here and possibly Som might now get him to agree to an uncontested divorce.

 As I said above, I have known her for about 20 years as a not too serious holiday date, as the sister in law of a good friend, and now as a more serious girlfriend since I have been living here.

 I won’t be spending big $$ on any house, it will be 50% of a small bungalow that at most will cost far less than the profit I made on selling my house back home, and she knows that nothing will be spent before she gets this all sorted.

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8 minutes ago, MikeN said:

I won’t be spending big $$ on any house, it will be 50% of a small bungalow that at most will cost far less than the profit I made on selling my house back home, and she knows that nothing will be spent

before she gets this all sorted.

As long as its within 10% of your worth, you should be fine, I would say a small bungalow shouldn't cost you more than baht 300,000, i.e. your 50% share of course. i.e. unless someone is getting a kick back from the hardware/builder. Apologies, have seen it all too often.

 

8 minutes ago, MikeN said:

As I said above, I have known her for about 20 years as a not too serious holiday date, as the sister in law of a good friend, and now as a more serious girlfriend since I have been living here.

Just remember this, Thai's stick together, but I truthfully wish you well, so as not to sound like a pessimist, as I am happily married to a Thai, it can end well ????

 

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  • 1 month later...

Well, if anybody is interested, I finally persuaded her to get legal advice on the land ownership. It was confirmed that because he is an alien (don't you just love that term) the land was "sin suan tua" (personal property) and all hers, even though it was acquired while still technically married.

They did get a civil divorce at Bang Rak last week, and during the proceedings the official, in good english, asked if there were any children or property issues, mentioning that foreigners could only share in buildings not land. So that was 2 opinions that it was all hers, but this being Thailand i'm sure if it actually went to court someone somewhere might have a different verdict .... so for anybody else in the same situation don't take this result as the definitive legal answer ! Go see a lawyer, she went to the Damrong centre mentioned before.

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  • 2 weeks later...
On 5/3/2019 at 4:54 PM, MikeN said:

Well, if anybody is interested, I finally persuaded her to get legal advice on the land ownership. It was confirmed that because he is an alien (don't you just love that term) the land was "sin suan tua" (personal property) and all hers, even though it was acquired while still technically married.

They did get a civil divorce at Bang Rak last week, and during the proceedings the official, in good english, asked if there were any children or property issues, mentioning that foreigners could only share in buildings not land. So that was 2 opinions that it was all hers, but this being Thailand i'm sure if it actually went to court someone somewhere might have a different verdict .... so for anybody else in the same situation don't take this result as the definitive legal answer ! Go see a lawyer, she went to the Damrong centre mentioned before.

   Thanks for the feedback MikeN, and so pleased that things have worked out well for you both. ???? 

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On 5/3/2019 at 4:54 PM, MikeN said:

Well, if anybody is interested, I finally persuaded her to get legal advice on the land ownership. It was confirmed that because he is an alien (don't you just love that term) the land was "sin suan tua" (personal property) and all hers, even though it was acquired while still technically married.

They did get a civil divorce at Bang Rak last week, and during the proceedings the official, in good english, asked if there were any children or property issues, mentioning that foreigners could only share in buildings not land. So that was 2 opinions that it was all hers, but this being Thailand i'm sure if it actually went to court someone somewhere might have a different verdict .... so for anybody else in the same situation don't take this result as the definitive legal answer ! Go see a lawyer, she went to the Damrong centre mentioned before.

best of luck mate, hope it goes well fro you both

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On 5/3/2019 at 4:54 PM, MikeN said:

Well, if anybody is interested, I finally persuaded her to get legal advice on the land ownership. It was confirmed that because he is an alien (don't you just love that term) the land was "sin suan tua" (personal property) and all hers, even though it was acquired while still technically married.

They did get a civil divorce at Bang Rak last week, and during the proceedings the official, in good english, asked if there were any children or property issues, mentioning that foreigners could only share in buildings not land. So that was 2 opinions that it was all hers, but this being Thailand i'm sure if it actually went to court someone somewhere might have a different verdict .... so for anybody else in the same situation don't take this result as the definitive legal answer ! Go see a lawyer, she went to the Damrong centre mentioned before.

Not sure I agree about the land being her sole property as opposed to property obtained while married. I know of a few foreigners who the courts gave a half share in the land purchased while married. As foreigners cannot own the land, the land had to be sold and the money then split. But this is no longer of concern in your case. 

 

In any case, good news for you and your girlfriend. You can now move forward in your lives together.

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