Thread: Information on marriage/divorce and land

Originally Posted by terry57

Originally Posted by Yasojack

Not have a Will as i own nothing in Thailand, and own nothing in UK now all my money is tied up in my wife's name, she is many things but i know 1 million percent she would never sell this land as her mentality is to keep everything.

Jack, I actually think your a bit of a comedian.

That's quite hilarious what you have penned up top.

Thanks for the giggle Jack,



Cheers.

It is funny..in a sad kinda way

pompey you should of got some advice, i also feel pretty sad for you considering, it come back and bites you.

Jamie, it's already been posted by Necon I think, but here it's again.
Civil and Commercial code, that's were usufract come under.

Section 1469. Any agreement concluded between husband and wife during marriage may be avoided by either of them at any time during marriage or within one year from the day of dissolution of marriage; provided that the right of third persons acting in good faith are not affected thereby.

Why don't you just go the land department and ask them, or better still go to the police and tell them that you made a false declaration to a government department, then get back to us.

Originally Posted by jamescollister

Jamie, it's already been posted by Necon I think, but here it's again.
Civil and Commercial code, that's were usufract come under.

Section 1469. Any agreement concluded between husband and wife during marriage may be avoided by either of them at any time during marriage or within one year from the day of dissolution of marriage; provided that the right of third persons acting in good faith are not affected thereby.

Why don't you just go the land department and ask them, or better still go to the police and tell them that you made a false declaration to a government department, then get back to us.

Don't take this too personally but a Thai lawyer is better placed to advise someone
about Thai law than a farang Bar-stool lawyer ,do you agree?

Second point:- Surely my lawyer would of pointed out to me that I would be making a false declaration and breaking the law by going to the land-office
to get my name added to the chanote and surely he would be aiding and abetting me to break the law by doing just that. Do you agree?

Final point:- Surely the Government official would of pointed out to both me and my lawyer that I was making a false declaration and wouldn't of added my name to the chanote. Do you agree? So who is breaking the law? Who hasn'tgot a clue about Thai law? And who is talking absolute shite?

Originally Posted by Yasojack

James haven't you got it yet everyone are dumb idiots.

No jack, only the ones who give their wives total control of their money.

And the ones who spout total shite about Thai-Law from a bar-stool.

The jury is still out on which of the two is the bigger idiot. But who cares?

Originally Posted by jamiejambos

Originally Posted by Yasojack

James haven't you got it yet everyone are dumb idiots.

No jack, only the ones who give their wives total control of their money.

And the ones who spout total shite about Thai-Law from a bar-stool.

The jury is still out on which of the two is the bigger idiot. But who cares?

It's ok ,whoever is trying to delete my post on this thread ,I'll just keep reposting it
but nice try.

So I will
take it this thread has reached its conclusion because the three resident
Law-Experts have dredged the archives of the Teakdoor legal & Law sections and can't come up with anything new to discredit an Usufruct Agreement.
Yes Gentlemen you have to understand the law and its entire application to living and working in Thailand and not just snippets that you've read somewhere or heard from the person on the bar-stool next to you. No offence.
If anyone needs legal advice it will always work out best for you to seek out a reputable Law-Firm and lawyer.

My very kind wife has just gave me a piece of land, that we purchased so i can buiild a home on for myself, no usufruct no contract, just through the goodness of her heart.

The is how it went, she said why do you want to go rent in ubon when you can stay near the kids and see them everyday, you can still eat with the family we can still go and enjoy with the kids, the kids love you your good for them.

Heres the crunch she could taken me to the cleaners over the years, and done what many farangs are paranoid about.(losing everything), and it would of been my own fault for being a asshole

We have agreement that both of us can have new partners, though the kids have to come first until there able to take care of themselves.

theres always a alternative take the time and find one, its taken us a long time but now both are happy with the arrangement.

Took a long time to get there, and yes i was paranoid for years about the same thing as many.

Originally Posted by jamiejambos

three resident Law-Experts

Apologies. Do carry on however.

Originally Posted by Norton

Originally Posted by jamiejambos

three resident Law-Experts

Apologies. Do carry on however.

Without back-tracking and checking, I can say with absolute certainty that
you were never mentioned or referred to as a Resident Law-Expert but no
apology is required for making that mistake.

My final post on this thread.............

simple
do not spend or buy anything you cannot just walk away from............

wise post Makmak.

or don't moan if something comes back to bite you.

Originally Posted by Yasojack

wise post Makmak.

or don't moan if something comes back to bite you.

Very true, along with ALLWAYS be worth more alive than dead...........
No big insurance policys, as we do in the west.

Originally Posted by Yasojack

My very kind wife has just gave me a piece of land, that we purchased so i can buiild a home on for myself, no usufruct no contract, just through the goodness of her heart.

The is how it went, she said why do you want to go rent in ubon when you can stay near the kids and see them everyday, you can still eat with the family we can still go and enjoy with the kids, the kids love you your good for them.

Heres the crunch she could taken me to the cleaners over the years, and done what many farangs are paranoid about.(losing everything), and it would of been my own fault for being a asshole

We have agreement that both of us can have new partners, though the kids have to come first until there able to take care of themselves.

theres always a alternative take the time and find one, its taken us a long time but now both are happy with the arrangement.

Took a long time to get there, and yes i was paranoid for years about the same thing as many.

Yasso reading your post leads me to believe that the words "living in a madhouse" is a very accurate description .

Originally Posted by piwanoi

Originally Posted by Yasojack

My very kind wife has just gave me a piece of land, that we purchased so i can buiild a home on for myself, no usufruct no contract, just through the goodness of her heart.

The is how it went, she said why do you want to go rent in ubon when you can stay near the kids and see them everyday, you can still eat with the family we can still go and enjoy with the kids, the kids love you your good for them.

Heres the crunch she could taken me to the cleaners over the years, and done what many farangs are paranoid about.(losing everything), and it would of been my own fault for being a asshole

We have agreement that both of us can have new partners, though the kids have to come first until there able to take care of themselves.

theres always a alternative take the time and find one, its taken us a long time but now both are happy with the arrangement.

Took a long time to get there, and yes i was paranoid for years about the same thing as many.

Yasso reading your post leads me to believe that the words "living in a madhouse" is a very accurate description .

For those of us who actually live in Issan, not in a cocooned farang sub culture, the place is a madhouse.

Sitting here on my stilt patio can see 5 guys sitting drinking Lao Kow in the shade of a tree in my backyard.
Women of the house decided to change the water in the kids pool, pool is in the kitchen area.Do you run a hose outside to drain the water, no just pull the drain plug, water can find it's own way out.

9 guys now cooking on a fire, some sort of Buddha day, guess I will have to go sit there for a few Lao Kows. Jim

Originally Posted by toddaniels

I took the time to read all 6 pages of this pissing match between you guys.

It seems to come down to the argument of who's better protected from their hill-billy thai wife should things go sideways in regards to the mansion you built on her land in that one buffalo village up in Nakhon Nowhere. Of course that's just the summary I got from reading it.

It would be laughable if it wasn't such a pathetic read.

Just a question because I'm curious (which is usually only fatal to cats).

When you guys were kids playing in the sand box with your GI-Joe toy soldier, did you say; "When I grow up, I'm going to move to a pissant developing third world country, marry a dumb hill-billy, build a mansion on land I can't own and then worry about it for the rest of my life..." I mean I just wanna know?

From now on, I'll doff my cap and tug my fetlock, err strike that, I mean tug my forelock, when you pass by...

You guys are truly legends who are living the dream!

I can only hope I'll grow up to be just like all of you.... NOT!

Strange enough out my way, few farangs, but they usually live out their dream and die, of boredom and alcohol.
Not too many younger guys come out to set up home.
Done many stupid things in my life, sure others have as well, don't want to take chances, stay home.
Anyone wants to believe they are secure here, up to them, the rest of us just get on with life. Jim

Originally Posted by toddaniels

I took the time to read all 6 pages of this pissing match between you guys.

It seems to come down to the argument of who's better protected from their hill-billy thai wife should things go sideways in regards to the mansion you built on her land in that one buffalo village up in Nakhon Nowhere. Of course that's just the summary I got from reading it.

It would be laughable if it wasn't such a pathetic read.

Just a question because I'm curious (which is usually only fatal to cats).

When you guys were kids playing in the sand box with your GI-Joe toy soldier, did you say; "When I grow up, I'm going to move to a pissant developing third world country, marry a dumb hill-billy, build a mansion on land I can't own and then worry about it for the rest of my life..." I mean I just wanna know?

From now on, I'll doff my cap and tug my fetlock, err strike that, I mean tug my forelock, when you pass by...

You guys are truly legends who are living the dream!

I can only hope I'll grow up to be just like all of you.... NOT!

I am a new member to this site and I was reading this thread to learn the differences between superficies and usufruct. thinking that the members on this forum may offer some added value with their knowledge and life experiences.

Best post was from Toddaniels,,,, thank you!

Guess I will look at CTH forum for my learning curve rather than reading this garbage!

Jack i am sorry to here you and your wife have problems, but having some of the land to make home on is good on her part so you can see the kids, i hope you can be happy.

Arthur, just get on with your life and forget about all the formalities.

The thing is, rick, there's a new girl in tow and seeing as the marriage was affirmed by the British consulate in Thailand, could cause problematic for any future visa application. Got to do it by the book.

What exactly do you have to tell immigration? That you have a new girlfriend?

I could be mistaken but I believe the fact that your thai wife is incarcerated doesn't negate her rights in divorce proceedings.

Just a question, did you get married here in Thailand, at the Amphur and then take the Kor Ror 2 & 3 to your embassy to recognize it or what?

Getting divorced in thailand IF both parties agree to the terms is as easy as getting married here. Actually, it's easier because you don't need that affirmation of freedom to marry paper from your embassy.

You guys go to the Amphur, sign the divorce papers, include the addendum about who gets what (if there's any stuff to split up), pay the filing fee and Bob's your uncle, you're divorced..

Now seeing as your wife can't waltz up to the local Amphur with you that could throw a spanner in the gears of progress.

Call any number of law firms and ask them, they all answer questions for free. I'd call a few to get a fair sampling of answers because thaiz are famous for pulling answers outta their assholes to questions they don't know the answer to.. This way at least you see if what one is telling you jibes with what another is telling you.

I doubt you're the first husband in the history of Thailand who wants to divorce his currently imprisoned wife. Although you are the first foreigner I've ever heard of wanting to do so.

Hopefully you've made a better choice as far as a thai significant other with the "in tow" replacement.

Conversely, if you're over 50, I'd switch to a yearly extension of stay based on retirement. . . However, I could be mistaken in assuming you're talking about your visa for thailand not a visa to lug a thai back where ever it is you come from.

Helluva lot of opinions here - which I guess just proves the application of Thai law is not precise.

My understanding is the ownership of your house and a usufruct to use the land is less murky if the owner of the land is your cohabitator and not your spouse
Any comments please.