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Common law husband and wife must split assets 50:50 on death or divorce, online lawyer

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2 hours ago, OneMoreFarang said:

What is an "online lawyer"?

What ever they want to be!

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1 hour ago, Matzzon said:

One with virtually no clients.

Or one with virtual clients.

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In eyes of uk law there is no common law wife or husband. I know this is thailand i would have thought the same. It does not seem right to me. If worried go to check with a qualified lawyer

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Keep most of yer cash out of Thailand and out of greedy hands, they are welcome to house, car and the rest it if it comes to a split up. Her land of course does not come into it, they should make the woman sell it and hand over half of that, never heard of it happening.

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Classic lawyer scum. They love to quote "legal precedent" to enable them to ruin more peoples' lives.

 

Court rulings do not create laws.

Courts prosecute laws and interpret laws.

They cannot set a precedent on a law that does not exist.

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Could be common law but in reality for many foreigners it doesn’t ends in a 50/50 split !

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3 hours ago, webfact said:

A leading online lawyer has commented about what should happen to assets when couples who have not formally married split up or one dies. 

The important word in that is 'SHOULD'

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4 hours ago, webfact said:

A leading online lawyer has commented about what should happen to assets when couples who have not formally married split up or one dies.

 

The word to take note of is "should". Should is a matter of the lawyer's opinion, and not what the law says.

 

Quite simply, if you are not legally married in Thailand then your partner has no claim to your assets. In Thailand, matrimonial law does not apply to those who are not married.

 

In terms of children, it is more a matter of whether the father recognises the child as theirs by legitimising the child. If the father does this then the child becomes an heir. There may be limited times when a Court has ordered that a non-legitimised child be classed as an heir, and the lawyer quoted one such case.

 

It should be noted that a judgement in a Court in Thailand is not binding on other Courts in Thailand.

 

So what should you do? According to the lawyer, you should talk to a lawyer about it. For a price, of course.

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My ex wife tried to take my houses off me yet she had signed a legal document put together by my lawyer,that stated i had paid for the land,buildings,and contents,she reluctantly agreed to a divorce foe a 2 million baht settlement plus the new car 1 .7 mil,,but look i kept the 2 houses,worth a total of about 7.5 million.The other reason i did this was to avoid court,as we all know "Thai lak Thai",also so i did not have to sneak around with my new girlfriend,who after 2 month's decicded she was going to see her English boyfriend for 3 months in Phuket,but whatever i still got the houses and nice they are too,out in the country,nice and quiet and a beautiful pool. The quietness is worth a lot and the setting is great,almost jungle on one side and rice paddies and trees on the other,5/10 mins to town.Girlfriend of course wants to come back,but after 6 weeks now starting to forget her,we have no real contact,anyway fairly happy here on my own. These papers are not hard to draw up,one is called 'right to habitation instead" no idea if it would stand up in court,but when the cops read it,when i turfed the cheating ex out,they shrugged and told her " ban falang" so they worked then.

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4 hours ago, OneMoreFarang said:

What is an "online lawyer"?

One tied to a railroad track to atone for their sins.....

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3 hours ago, DrTuner said:

MAybe they arfe virtual clients. He could have given a useful nugget too, bit didn't: what exactly is "common law" marriage here? Village wedding? Gotta prove with photos? The law as such AFAIK doesn't have such term in it. Cohabitation could mean room mates, be careful who you bunk with, when they move they'll take half of your possessions, eh?

It seems pictures of a wedding is good enough according to Thai law. At least that is what I heard from a guy who wouldn't believe it - but he was convinced that's the way it is.

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5 hours ago, OneMoreFarang said:

What is an "online lawyer"?

One tied down to a railway track, which is what should be done  to all of them

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