Can she take my house?

[Bung]

A little background first. I am divorced from my Thai wife. I have a 10 year old son with her whom I have full custody of. Recently, I bought a house, the land is in my sons name and the house in mine although I am not on the chanote. She has our other house in Phetchabun and always says that this house here is mine. fairness says I am ok but when is dealing with Thai ex wives fair?

Our living arrangements are thus:

She stay's in the house and looks after my son. I live in an apartment in town and have my son stay with me 2-3 days a week.

It suits me at the moment and think it is best for my son but what if I decide I want to move into my house again? Can she dig her heels in and make some sort of claim or, as I am hoping, she hasn't got a leg to stand on? I take care of her more than enough financially. As it is, the law states that I cannot sell the house until my son is 20 without court approval, then he can do what he wants with it which I can only hope will be something sensible.

[sabaii sabaii]

Can she take my house?

Sounds like she already has

[bobo746]

Yeah mate not looking real good for you.Is she the vindictive type if so then good luck with it.

[terry57]

Shit mate, good luck with it, not the most ideal situation as divorce is nasty where ever one is in this world.

[aging one]

Are you talking about the new place in Chaing Mai? I am a bit confused.

[Bung]

Sorry, yes, my place in Chiang Mai. She has the house in Phetchabun as I've got no chance there but I think with this place being in my sons name and me having full custody, I could just kick her out anytime?(Not that I would do that)

She is fine but the minute another woman comes on the scene then look out.

[Travelmate]

Don't Know about taking the house.
But getting her to move out might be incredibly difficult and could take some time to resolve.
Good luck

[aging one]

thanks for the clarification. I will ask around a bit and get back to you.

[Bung]

Just curious how secure the place in Chiang Mai is for me and if there is anything I can do to make it more secure. Lease it off my son?

It may be better if I live in the house and move her into an apartment if there is any chance she could make it difficult for me.

The way I see it she hasn't a leg to stand on, I could literally kick her out.

These are delicate times....

[Bung]

Can she take my house?

Sounds like she already has

Not really, it is going into my son's name and another section is going into her sons name.

Good for their future. As you know, you can't just come here, build a house and then piss off leaving them nothing.

[Thormaturge]

So you effectively have a tenant living in your house rent free with your permission.

I would be surprised if you could ever get her out without an expensive legal battle.

[Lorenzo]

Why don't you have someone bury her in the back yard. You keep the house, she gets the land

[The Master Cool]

Personally I'd view letting an ex-wife live in your new house a big mistake. Getting her to just happily pack up and leave whenever you and your new piece of fluff want to settle down in there isn't going to be fun. Should have kept it out of bounds from day one.

[Bung]

So you effectively have a tenant living in your house rent free with your permission.

I would be surprised if you could ever get her out without an expensive legal battle.

If she is a tenent (which she effectively is) then surely I could easily get her out? She has no rights to any of it, can't say she has my son, I have full custody, is divorced from me so there is no connection really to speak of?

Might pay to go see a lawyer I guess. Or I should move back in and put her in a room...i am just trying to do the best by my son as usual.

It's kind of a grey area no?

[Thormaturge]

^
In order to evict a tenant you would need to point to an agreement whereby she has either broken the terms by failing to pay the rent or keeping pets specifically excluded in writing. Alternatively the term of the tenancy (say 6 months) would need to have expired.

In your case there appears to be no written agreement she can break and no rent she can fail to pay.

I suspect she can remain in the property for life if she so chooses.

She may even be able to sub-let the property and collect rent on it herself since there is no written agreement to the contrary..

Boy do you need a lawyer.

[The Master Cool]

Getting her out asap seems the best thing to do.

Letting her settle there then possibly going through a long, messy, and stressful problem isn't going to be good for yer son.

I'd personally tell her that you're moving back in and she has to get a place elsewhere.

[The Master Cool]

Is it a wooden house? Perhaps get it dismantled and moved away one night when she's sleeping.

[sabaii sabaii]

Your best bet would be trying to come to an amicable agreement with your ex-wife, if that's possible

If not then you will have to go down the long legal route

Good Luck bud

[Thormaturge]

^
Preferably before she finds another partner and moves him in.

[sabaii sabaii]

You see that red sponsor on top of the page, Pappa.co

They deal in getting property back

He has given free advice on here before I think

Find his username and send him a PM to see how the ground lies (sorry for the pun)

[jandajoy]

Your best bet would be trying to come to an amicable agreement with your ex-wife, if that's possible

Agreed. Be nice 'till you get things sorted and are in a position to move her out.

If you're financing her surely you have some leverage?

[superman]

the land is in my sons name

I understood a Thai cannot have land put in their name until the age of 21. I'm open to correction.

The age of maturity in connection with selling land is 20 in Thailand. Officially, the property can only be sold prior to the child's maturity with the consensus of the juvinal court. If you want to buy land on your child's name you should make sure you hold the usufruct right. Do this at the time when you carry out the land title transactions at the land office.

http://www.thaivisa.com/forum/topic/...e-of-children/

A person may transfer by legacy or gift a property to a minor, subject to its being managed, up to the time of majority, by a person other than the person exercising parental power. Such manager must be named by the transferor, or, in default, by the court, and his management shall be subject to section 56 section 57 and section 60

http://www.thaivisa.com/forum/topic/...thai-children/

[BaitongBoy]

I'd personally tell her that you're moving back in and she has to get a place elsewhere.

If I'm reading the whole thing correctly, this may be good advice... simply stating your intentions...if nothing else, you can gauge the reaction (does she already have a plan to 'get the house' being the issue you want to ascertain)...resolving matters AMICABLY can turn things around completely...however, legal advice, as a back-up is 'mandatory'...
Sound logic means 'nothing' in an argument with a Thai lady...

[Bung]

Ok, really appriciate everyones input. i think a written agreement might be the go then? As I need to be out of the country to work it is a little hard having them both go to live somewhere else and the house lay dormant...I am quite happy for them to be there and I stay in my apartment but I guess I can always move back in and make her life hell....Seems incredible that i would have no right to tell her to move out. Really, I'm better off finding her a place to stay is the best bet and I move back in then.

[Bung]

I'd personally tell her that you're moving back in and she has to get a place elsewhere.

If I'm reading the whole thing correctly, this may be good advice... simply stating your intentions...if nothing else, you can gauge the reaction (does she already have a plan to 'get the house' being the issue you want to ascertain)...resolving matters AMICABLY can turn things around completely...however, legal advice, as a back-up is 'mandatory'...
Sound logic means 'nothing' in an argument with a Thai lady...

I have to say that it is amicable between us and she is said many times that the house here is mine, she has a house already. I really don't think she is out to "get' the place as she doesn't want any hassles as musch as I but who knows? I think I will get rental agreement written up for her to sign. Would that do? If I say the rent is x amount a month, she doesn't pay as I am supporting her, but if I want her out I can point out the fact she is not paying rent as reason to evict? Or make it a 6 month contract?