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Divorce in Isaan


janpharma

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There is a terrible myth which keeps circulating in the expat community and on TVF threads that "anything purchased during marriage is automatically marital property" and has to be split 50/50. This is completely untrue.



Please see my post #118 on this thread, which explains why this is not the case. The attached article also does a good job of explaining how the law works:



http://www.thailandl...i-marriage-laws



Please note section 1472 of the Thailand Civil Code which reads:



(Section 1472) if a personal asset has been exchanged to other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall be a personal asset. For example, if you buy a car during your marriage and you pay for the car with personal money (not marital) the car is a personal asset of the spouse who paid for it (if paid with personal property), even though acquired during the marriage.



Again, in order to understand how marital property is defined, you need to understand the definition of marital property AND the definition of personal property belonging to one spouse.


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There is a terrible myth which keeps circulating in the expat community and on TVF threads that "anything purchased during marriage is automatically marital property" and has to be split 50/50. This is completely untrue.

Please see my post #118 on this thread, which explains why this is not the case. The attached article also does a good job of explaining how the law works:

http://www.thailandl...i-marriage-laws

Please note section 1472 of the Thailand Civil Code which reads:

(Section 1472) if a personal asset has been exchanged to other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall be a personal asset. For example, if you buy a car during your marriage and you pay for the car with personal money (not marital) the car is a personal asset of the spouse who paid for it (if paid with personal property), even though acquired during the marriage.

Again, in order to understand how marital property is defined, you need to understand the definition of marital property AND the definition of personal property belonging to one spouse.

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Thank you so much for this very intersting information, Gecko!

There is a terrible myth which keeps circulating in the expat community and on TVF threads that "anything purchased during marriage is automatically marital property" and has to be split 50/50. This is completely untrue.

Please see my post #118 on this thread, which explains why this is not the case. The attached article also does a good job of explaining how the law works:

http://www.thailandl...i-marriage-laws

Please note section 1472 of the Thailand Civil Code which reads:

(Section 1472) if a personal asset has been exchanged to other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall be a personal asset. For example, if you buy a car during your marriage and you pay for the car with personal money (not marital) the car is a personal asset of the spouse who paid for it (if paid with personal property), even though acquired during the marriage.

Again, in order to understand how marital property is defined, you need to understand the definition of marital property AND the definition of personal property belonging to one spouse.

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She came from a Bar in Pattaya Oh DUDE what else did you expect from suck a person

And your giving her a house I have to Laugh because you are getting what would be expected from some one that was selling

herself. And I have to admit that the other guy is dumber than you . This woman set you up for everything

I do not feel sorry for you one bit Sorry about that

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She came from a Bar in Pattaya Oh DUDE what else did you expect from suck a person

And your giving her a house I have to Laugh because you are getting what would be expected from some one that was selling

herself. And I have to admit that the other guy is dumber than you . This woman set you up for everything

I do not feel sorry for you one bit Sorry about that

Absolutely stunning contribution coffee1.gif

I think you will find that the OP is not looking for your sympathy.

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That is technically true Jan, and happens all the time. However when registering the land at the land Office, and obtaining a chanote, the Thai and farang have to both sign documents, effectively stating the land was bought by the Thai with her own money,

I suspect this is unchanoted land, so not registered by the land office, but noted in the village head mans book.

Essentially government land for agricultural use by Thais born locally, and assigned by the village head man.

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Post in breach of Forum Rules removed.

7) You will respect fellow members and post in a civil manner. No personal attacks, hateful or insulting towards other members, (flaming) Stalking of members on either the forum or via PM will not be allowed.

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  • 2 weeks later...

Something is way off with this story.

1) whoever is at fault ... it does not influence the financial arrangements.

2) assets purchased / obtained during the period of marriage are to be divided 50/50.

3) assets owned by an individual before the marriage remain the property of that individual after the divorce.

Of course some basic proof needs to be provided regarding ownership of assets. This is the way the local law works, we would say: common law. An individual or a judge cannot change or override common law.

Get yourself a real lawyer, one is available on this site.

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Something is way off with this story.

1) whoever is at fault ... it does not influence the financial arrangements.

2) assets purchased / obtained during the period of marriage are to be divided 50/50.

3) assets owned by an individual before the marriage remain the property of that individual after the divorce.

Of course some basic proof needs to be provided regarding ownership of assets. This is the way the local law works, we would say: common law. An individual or a judge cannot change or override common law.

Get yourself a real lawyer, one is available on this site.

Highlighted/underlined portion of point #2 is incorrect. See posts #118 and #136 on this thread for explanation as to why this is not correct.

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Something is way off with this story.

1) whoever is at fault ... it does not influence the financial arrangements.

2) assets purchased / obtained during the period of marriage are to be divided 50/50.

3) assets owned by an individual before the marriage remain the property of that individual after the divorce.

Of course some basic proof needs to be provided regarding ownership of assets. This is the way the local law works, we would say: common law. An individual or a judge cannot change or override common law.

Get yourself a real lawyer, one is available on this site.

Highlighted/underlined portion of point #2 is incorrect. See posts #118 and #136 on this thread for explanation as to why this is not correct.

Ok great news for the OP. I expect the problem would be proof and in that case, the probable easy solution is a 50/50 split, so favoured by the courts here.

The confusing issue to me, in the is case, is the comments from the judge. The judge is not permitted to alter common law, merely interpret it. And what of the OPs "lawyer"? Something is way off with the whole story.

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Why bother with a divorce Jan?

Unless you want to re-marry, stay as you are. Leave the wife. Have a legal letter of separation sent to her setting out why you have left, and then get on with your life (seemingly in Pattaya according to an earlier post)

That way there is no settlement necessary. You have already lost the house. Why lose money too.

Let the wife sue for divorce, then come up with the evidence/documents etc you have, and make sure that any money you have is suitably "lost".

perfectly sound advice....

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  • 2 months later...

Hello You all!

I'm happy to announce that I finally got divorced. First I got a bad and lousy lawyer who ripped me off 110.000.- THB...

Thanks to the good advice of one amongst you I found myself a new good lawyer and also a good interpreter...If anyone is interested to know who the bad guy is...and also who the good ones are, just send me a private message and I will let you know.

By the way...the relationship of my ex-wife and her "boy friend" who was acting like a pimp also ended...

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Hello You all!

I'm happy to announce that I finally got divorced. First I got a bad and lousy lawyer who ripped me off 110.000.- THB...

Thanks to the good advice of one amongst you I found myself a new good lawyer and also a good interpreter...If anyone is interested to know who the bad guy is...and also who the good ones are, just send me a private message and I will let you know.

By the way...the relationship of my ex-wife and her "boy friend" who was acting like a pimp also ended...

Pleased to hear that everything turned out well for you Jan.

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