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BANGKOK 18 July 2019 05:23
Kalasin Jo

So you're Thai wife dies. What happens to you?

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Not that I'm expecting that! 

 

But let's say it happens and that you were legally married to her. But she has not made a will or the will cuts you out.

 

I assume her family will step in and deal with the formalities and rituals as you won't have a clue what to do. Mourning, funeral, wake ( or "party") etc. Will they expect you the husband to pay for that? I guess so. Let's say there is a small insurance insurance policy for such an event but the beneficiary is her Mum. Is it acceptable to tell her Mum the insurance should cover it?

 

Then what about property? Say there is a car bought by you of course but registered in the wife's name? Who gets it? 

 

Say there is a house built and paid for by you but the wife is the registered occupier, not you. Who is the legal owner anyway? Who gets it in the absence of a legal will? And the house stands on land owned by her Mum, although your wife told you her Mum had promised to put the land in her name but hasn't. Does this make a difference? And if her Mum has kept her word and transferred it? Who gets the land?

 

And say you have a marriage visa extension.  Ubon Joe has commented elsewhere it remains valid until expiry, unlike on divorce, but then what? I think similarly a multiple entry non immigration O visa based on marriage documents obtained out of country also remains valid until expiry, but again what then? In both cases how do you stay, can you stay, in country if you haven't the cash in the bank to apply for a retirement visa under the new rules on that.

 

Are you under any legal obligation, as opposed to moral, to support her family as may be you or your wife  have been doing?

 

Just musing. But answers would be useful!

 

 

 

 

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Lots of questions there... But some basics...

 

Assuming the couple are legally / amphur married, the assets of each party that were acquired prior to marriage remain the sole property of that spouse during and after the marriage. But any assets acquired during the marriage are equally owned by the two spouses.

 

AFAIK, if one spouse dies, that spouse's spousal share can be bequested via a will. And if there's no will, then Thai law has statutory provisions regarding inheritance that call out various parties like children, parents, other relatives. But the surviving spouse would still be entitled to his/her half share of any joint marital assets, even in the absence of a will.

 

As for Thai families, of course, it's going to depend on the particular family. But being a cautious soul, unless something is written down as a legal document and requirement, I wouldn't necessarily expect a Thai family to keep a lot of past verbal promises that may have involved a surviving farang spouse in the wake of the death of their son or daughter. Self interest usually seems to come out on top here.

 

As for land, a surviving farang spouse might be entitled to his/her half share in terms of value if the land was the marital property of the deceased Thai spouse. But the farang can't continue to own such land beyond a year or so after the death of the Thai spouse. So the likely best outcome there would be for the surviving Thai family or another party to buy out the farang spouse's interest.  On the other hand, if the land remained owned by Mom, then the farang spouse would be SOL...

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1 hour ago, TallGuyJohninBKK said:

As for land, a surviving farang spouse might be entitled to his/her half share in terms of value if the land was the marital property of the deceased Thai spouse. But the farang can't continue to own such land beyond a year or so after the death of the Thai spouse. So the likely best outcome there would be for the surviving Thai family or another party to buy out the farang spouse's interest.  On the other hand, if the land remained owned by Mom, then the farang spouse would be SOL...

In addition, I believe that in the case that the land owned by the Thai partner prior to marriage but was left to a foreign spouse in a will, that spouse can own the land in the same way - for 12 months during which time it must be sold.

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14 hours ago, Bkkjimbo said:

That 12 month rule is a nightmare. Better of ensuring such assets are left to a trusted party or a dependent  like a child if any, etc.

 

 

 

 

If strictly adhered to, yes I'd guess it can be a real nightmare.  I read somewhere a long time ago that if the property remained unsold but you could prove you were actively marketing it, an extension may be granted.

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I've discovered that my name is on all "our" land. It's in my wife's name, but my name is on there as her spouse. She cannot sell that land without my permission. This was the case about 5 years ago when we wanted to sell some rice land she had. I had to go down and sign my permission.

I've also been told that although I cannot "own" any of the land if she dies, her only son would inherit it, but he could not sell it without my permission nor could he force me to move. I don't anticipate this, but in Thailand, you never know. 

Anyway, I assume if that was the case that I would come to an agreement with him about the land sales and the splitting of the revenue.

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On 5/1/2019 at 12:16 AM, TallGuyJohninBKK said:

But the farang can't continue to own such land beyond a year or so after the death of the Thai spouse.

Leave it in the dead wife's name, then there's no problem.

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Basically, you write off anything that is not solely owned by you.

You go out and find another wife. Plenty of women willing to hook up with a farang, no matter how old and ugly.

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1 hour ago, Lacessit said:

Basically, you write off anything that is not solely owned by you.

You go out and find another wife. Plenty of women willing to hook up with a farang, no matter how old and ugly.

Why do need you a wife? If there was real love, the spouse is not inclined to directly go out and find another wife...

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I know of a case where the Farang was told after the funeral, get out!

Or else. 

This was in Esan so any recourse would have had major ramifications so he just upped and went to Sin City.

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2 hours ago, Lacessit said:

Basically, you write off anything that is not solely owned by you.

You go out and find another wife. Plenty of women willing to hook up with a farang, no matter how old and ugly.

who is ugly,  the wife or the farang? 

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Really you should go talk to an attorney and get the real facts . Sounds like you need a usifruc. Probably spelled wrong.

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Then it's high fives all around, remind yourself never to do it again, and get yourself to the nearest go-go bar.

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Say your wife bought a set of 20 lottery tickets just before she died.  Say she never signed the back of them. Say she gave them to you for safe keeping. Say she died before the lottery draw.   Say after she passed away those numbers won ?

 

What would you say and to whom ?  😂

 

Of course just as many "says" as the OP  but then just saying 😂

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