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

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1 hour ago, PETERTHEEATER said:

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

ah u beat me to it

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3 hours ago, SanookTeufel said:

I read that the stuff that belonged to you before marriage stays yours and the other stuff is split 50/50 after you divorce?

I thought it was true, is it not?

Makes much more sense than here in the states... The woman typically takes everything here.

I'm glad not to be speaking from experience (never married) but I've seen it first hand with my parents.

I'm no expert, but when I married I was advised that in a divorce under Thai law, a couple are entitled to keep any personal possessions (gifts, for example) and/or any assets acquired before marriage.

 

Items acquired after marriage are considered as jointly owned and therefore should be divided equally.

 

This applies to a house, condo or other property acquired as a married couple, irrespective of who paid for the purchase or in who is registered as the owner. Post-divorce, each partner would be entitled to half the sale proceeds.

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5 hours ago, OneMoreFarang said:

What is an "online lawyer"?

When your thai wife dies then what happens, no children in the marriage. Xx

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Learnt from recent personal experience and research that "res judicata", or precedent from higher courts, does not exist in Thailand.

 

Witnessed first hand that there is no stenographer in court, and the judge simply paraphrases a summary of the evidence on to a recorder.  The formal court record consists purely of the judge paraphrasing, and not the actual evidence given.   It would be impossible to develop precedent with that system, and it also explains the enormous variations in court results (no doubt there are other explanations).  

 

Maybe this guy is hoping for the advent of "online judges."

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6 hours ago, OneMoreFarang said:

What is an "online lawyer"?

Someone who comments online as you do, difference being they know what they're talking about 😉

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4 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?

Indeed, you make an important point regarding what is common law because if we're married merely by living with someone then this should open up some interesting immigration possibilities

 

If you're married according to the law then the law must recognise it because as we've all been recently told - 'the law is the law'.....

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3 hours ago, Lacessit said:

Absolute rubbish. How would one split assets 50:50 if one of the partners was dead?

Whatever will is in existence determines the distribution of assets. If I have assets in Australia, how does this trolling "Thai lawyer" think he is going to get his hands on them?

You would be surprised.

Have you updated the Aus will??

If not it is all fair game.

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3 hours ago, Lacessit said:

Absolute rubbish. How would one split assets 50:50 if one of the partners was dead?

Whatever will is in existence determines the distribution of assets. If I have assets in Australia, how does this trolling "Thai lawyer" think he is going to get his hands on them?

No one will touch any assets  in Australia. Unless you are silly enough to tell your wife you have Land and Money there. Then depending on the a Thai woman. The will in Thailand is the one that matters here, Aus. will dont stand up here. Please feel free to correct me.

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7 hours ago, webfact said:

consult a lawyer regarding who owns what before living together as this can help to solve battles further down the line when break-ups occur

I like how he says "when" break-ups occur, not "if" .  :clap2:

Likely will end up as a new form at your local Immigration office

IO, "You live with Thai girl?" Expat,  "Yes".

IO, "fill out form TM-69, listing all your assets before we accept your Non-Imm extension application"

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27 minutes ago, ukrules said:

what exactly is "common law" marriage here

Here is a scenario.  You rent a house/apartment, gf gets the owner to put her name on the water bill.

"when" the break-up occurs, she has proof she is living there (water bill), thus gets 50% of what you have. 

Politics and the Law, stay away from getting involved with either if possible

 

Edited by Skallywag

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5 hours ago, SanookTeufel said:

I read that the stuff that belonged to you before marriage stays yours and the other stuff is split 50/50 after you divorce?

I thought it was true, is it not?

Makes much more sense than here in the states... The woman typically takes everything here.

I'm glad not to be speaking from experience (never married) but I've seen it first hand with my parents.

The first line you wrote is true, at least for Georgia, so something must've happened when the lawyers for your parents got together. Women in the states are no longer entitled to as much as they once were.

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3 hours ago, marko kok prong said:

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.

So how much you lost?

Not sure I would be feeling that comfortable in that remote house of urs. 

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16 minutes ago, Destiny1990 said:

So how much you lost?

Not sure I would be feeling that comfortable in that remote house of urs. 

3.7 M but he happy he said because now living alone, everything at a price

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1 hour ago, ICELANDMAN said:

3.7 M but he happy he said because now living alone, everything at a price

Not sure he completely off the hook with his 3,7 M Bht.

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