Thread: Information on marriage/divorce and land

Just in case anyone thinks i'm plugging his company, i am not i not like the guy and have heard both good and bad about his business.

and here's other info by Siam legal

Yasojack, can't watch the vids, nets too slow, so no idea what they say.
Read a lot of Thai law and all these lawyers are selling their product, they tell you what you want to hear and forget to mention things they don't want you to hear. They want your money, nothing more.
Thai laws in English are on the net, read them and ask the hard questions to any lawyer you see.
You will be the only one out of pocket in the end, no matter what the lawyer says. Jim

James

The info provided is a guide, so anyone can watch and make there own opinions, many of us have no knowledge of Thai law.
So if you wish to post the thai laws i'm sure people would appreciate.

Get married,get divorced,do your arse. Easy

Read the law on Usufracts. Lawyers sell this as an end run around the limits of a 30 year lease.

Now compare the end use of all Farangs with an usufract on their residential land against what the law actually says.

Any piece of paper is as good as another until it is tested in court.

Originally Posted by Necron99

Read the law on Usufracts. Lawyers sell this as an end run around the limits of a 30 year lease.

Now compare the end use of all Farangs with an usufract on their residential land against what the law actually says.

Any piece of paper is as good as another until it is tested in court.

Can never be tested in court by an alien.
You would need to contest the law, not the agreement, Usufract are business contracts and as an alien come under treaty agreements. Little things can make a big difference.

So you own the house she owns the land,will she let you cross her land to get to your(her) house ?

Originally Posted by bobo746

So you own the house she owns the land,will she let you cross her land to get to your(her) house ?

Probably not her land and not your house, property acquired during marriage is normally communal property.
Alien land laws are separate from family court rulings.

Who is this lawyer ?

All this would depend on the type of marriage bond.
There are a few recognized.

Originally Posted by bobo746

So you own the house she owns the land,will she let you cross her land to get to your(her) house ?

Usufract not related to ownership of the buildings on the property. Usufract is a contract defining usage and rights of the owner of the Usufract related to the property.

In answer to your question, access to the property cannot be restricted to the holder of the Usufract by the owner of the property.

Ownership of the structures on the property are normally based upon who paid for them.

I have had 3 Usufracts. Two I contested in Thai courts. Both ruled in my favor.

Also a few other business legal issues taken to Thai court. If you have good records and a good lawyer you will get favorable judgements in Thailand. Proving a foreigner cannot win in Thai court to be a myth.

Originally Posted by Norton

If you have good records and a good lawyer you will get favorable judgements in Thailand. Proving a foreigner cannot win in Thai court to be a myth.

Of course, just more rubbish uttered by the Thai hating brigade.

Originally Posted by Norton

Originally Posted by bobo746

So you own the house she owns the land,will she let you cross her land to get to your(her) house ?

Usufract not related to ownership of the buildings on the property. Usufract is a contract defining usage and rights of the owner of the Usufract related to the property.

In answer to your question, access to the property cannot be restricted to the holder of the Usufract by the owner of the property.

Ownership of the structures on the property are normally based upon who paid for them.

I have had 3 Usufracts. Two I contested in Thai courts. Both ruled in my favor.

Also a few other business legal issues taken to Thai court. If you have good records and a good lawyer you will get favorable judgements in Thailand. Proving a foreigner cannot win in Thai court to be a myth.

Interesting, every shyster lawyer will tell you they have never been tested, yet you have done 2.

So the court turned over 1496 of the civil code and gave you the rights to work, mine farm land in Thailand.

Note you keep good records, can you cite the case numbers.

PS or supply your lawyers name, address etc woul like to talk to him.

Originally Posted by jamescollister

every shyster lawyer will tell you they have never been tested

Two litigated were business/commercial related. No idea if Usafruct intended to protect a foreigner married to a Thai has ever been tested in court.

Originally Posted by jamescollister

So the court turned over 1496 of the civil code and gave you the rights to work, mine farm land in Thailand.

Nope. Usafruct covered what could be done. Specifically erection and improvement of structures, length of Usafruct (30 years in my case), and usage of the property. A Usafruct which contradicted law in Thailand as it relates to foreigners would not be approved. Also states restrictions on owner. For example, money cannot be borrowed on land without agreement by Usafruct holder.

All in accordance with Section 1417 thru 1428 of Thai Civil Code.

Usafruct registered at local land office and affixed to deed (nor Sor Sam or higher).

Originally Posted by jamescollister

can you cite the case numbers.

Can but won't.

Originally Posted by jamescollister

supply your lawyers name

Done by Deloitte several years ago. Expensive as hell. Fortunately company I worked for paid.

Give me a day or two. I know a guy here in Roiet who took legal action against his cheating wife. He won his case. Usufruct was upheld by the court. I will try to get case number to you via PM if he agrees.

Norton very interested, I looked into this many years ago, with the help of the Thai SME department. No chance, breaches, land act, tax code, international treaty on double taxation.
Fine if I was drilling for oil or a miner, no 1/2 or 1/4 usufructs under the civil code, you have one or you don't.
Will await your PM, maybe learn something new. Jim