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  1. #26
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    Another thought; Sell the house now, before any agreement, and put the money somewhere secure like a home-country bank. It's even possible to sell with a caveat that you will remain a tenant there for xx years (of course that caveat will affect the price).

  2. #27
    กงเกวียนกำเกวียน HuangLao's Avatar
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    Quote Originally Posted by david44 View Post
    the new bf may view it more cost effective to erase you from the equation one way or another
    Especially non-valued novelty Farang.

  3. #28
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    Just a point re the house. You say that it's in your Company name, is your ex partner a shareholder in the Company? Is the Company actively trading or merely a vehicle for house purchase?

  4. #29
    Thailand Expat jabir's Avatar
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    Quote Originally Posted by David48atTD View Post
    Humm ... my understanding is completely different.

    Before I took the time to reply, I consulted my Thai Partner as she confirmed my thoughts.

    To start ... co-inhabiting/defacto relationships is a 'Western' concept and has no bearing/relevance on your situation.

    In the eyes of the Thai Law, you are not married and thus she has no claim over your house, nor personal effects.

    To wit ...


    In Summary, how I see your situation ...

    The children are legally 'hers' unless you have a Court Order stating differently.
    You say you have that, so that's sorted ... well done.
    My understanding the Courts will have issued Full or Joint Custody ... is that what your document decrees?

    She has no claim over your house/investments/personal belongings,
    She's trying it on with the Lawyer Letter of Demand.
    ---

    Personally, I wouldn't be going to Court as she has no basis for her claim.

    Let her try and bring that action in the Thai Courts ... which she can't because she can't make her case because, under Thai Law, you were never married and Thai Law doesn't equate/elevate a defacto relationship to that status equal to being married.

    I be wary of any Lawyer suggesting you contest this in Court as I'd see that as a Lawyer simply looking for fees.

    I would, however, pay the Lawyer to write to her refuting her claims.

    Be concerned when your children are released to their Mother for any stays.
    They might just simply disappear and then be used as a bargaining chip if she realises she has no claim over your house.
    That might sound cynical, however, it wouldn't be the first time it's happened in Thailand.


    Good Luck with it and do inform the Forum what eventually emerges, we all learn from that.
    Farang with 6+ years live-in gf died a couple years ago, tenancy agreement in his name, landlord kicked her out within a week of the funeral because contract was in the farang's name although rent was paid 3 months up front a week or two before he died, still unclear what happened to his stuff with no next of kin but she ended up on the street with nothing.

    Not sure if all or any of that was in compliance with Thai law, but wouldn't be surprised one bit if it was.

  5. #30
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    Hi David,


    Many thanks for your time spent consulting and replying.


    I don't have custody, I have the court issued legal document for non-married couples that confirms I am the kids father.

    I'll be meeting with Farang lawyers next week, will report back on their views on the situation.

    Cheers
    Cliffy







    Quote Originally Posted by David48atTD View Post
    Humm ... my understanding is completely different.

    Before I took the time to reply, I consulted my Thai Partner as she confirmed my thoughts.

    To start ... co-inhabiting/defacto relationships is a 'Western' concept and has no bearing/relevance on your situation.

    In the eyes of the Thai Law, you are not married and thus she has no claim over your house, nor personal effects.

    To wit ...


    In Summary, how I see your situation ...

    The children are legally 'hers' unless you have a Court Order stating differently.
    You say you have that, so that's sorted ... well done.
    My understanding the Courts will have issued Full or Joint Custody ... is that what your document decrees?

    She has no claim over your house/investments/personal belongings,
    She's trying it on with the Lawyer Letter of Demand.
    ---

    Personally, I wouldn't be going to Court as she has no basis for her claim.

    Let her try and bring that action in the Thai Courts ... which she can't because she can't make her case because, under Thai Law, you were never married and Thai Law doesn't equate/elevate a defacto relationship to that status equal to being married.

    I be wary of any Lawyer suggesting you contest this in Court as I'd see that as a Lawyer simply looking for fees.

    I would, however, pay the Lawyer to write to her refuting her claims.

    Be concerned when your children are released to their Mother for any stays.
    They might just simply disappear and then be used as a bargaining chip if she realises she has no claim over your house.
    That might sound cynical, however, it wouldn't be the first time it's happened in Thailand.


    Good Luck with it and do inform the Forum what eventually emerges, we all learn from that.

  6. #31
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    Think she's more into Farangs actually !

    Quote Originally Posted by david44 View Post
    the new bf may view it more cost effective to erase you from the equation one way or another

  7. #32
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    The EX is not a shareholder in the Company which is just a vehicle for Land&House purchase....

    Quote Originally Posted by PAG View Post
    Just a point re the house. You say that it's in your Company name, is your ex partner a shareholder in the Company? Is the Company actively trading or merely a vehicle for house purchase?

  8. #33
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    One option I'm considering is simply transfer my shares to someone else ie brother, or friends of 40 years plus who I can trust....
    And hope they dont die soon and then their wife inherits my house !

    Quote Originally Posted by Cliffy View Post
    The EX is not a shareholder in the Company which is just a vehicle for Land&House purchase....

  9. #34
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    Quote Originally Posted by Cliffy View Post
    One option I'm considering is simply transfer my shares to someone else ie brother, or friends of 40 years plus who I can trust....
    And hope they dont die soon and then their wife inherits my house !
    That could be the way to go, however on face value, with not being legally married, difficult to see what claim she could have at all on any of your assets, other than maintenance for your children (if she got custody).

  10. #35
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    I have read about some form of partnerships being declared by the courts when living together more than 5 years so still a but worrying ...

    Quote Originally Posted by PAG View Post
    That could be the way to go, however on face value, with not being legally married, difficult to see what claim she could have at all on any of your assets, other than maintenance for your children (if she got custody).

  11. #36
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    Quote Originally Posted by Cliffy View Post
    I'm happy to pay for everything (child support, education etc etc) if she's going to take care of the kids properly, BUT I'd rather not have to sell my house and give her half which would soon be blown on a new car, iPhone X etc etc....
    Wouldnt the car be used to take the kids to school? So what if she has an iphone x, its not a bank breaker if you're paying qround 30,000 GBP in International school fees for 3 kids a year. The more you give her the more your kids will get.
    Quote Originally Posted by Cliffy View Post
    It's the giving away half the house I paid for that is annoying cos I doubt if it gets sold her money would go towards the kids and would run out in a few years ....
    Where are your kids and their mom going to live if you don't sell the house?

  12. #37
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    Good luck Cliffy.

    Can you prove that you have had custody of the kids for the last 6 months?

    Can you prove that you have been the main provider for the kids?

  13. #38
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    They live with me for and I take them to school, share school runs with other neighbours actually ...

    Quote Originally Posted by Dillinger View Post
    Wouldnt the car be used to take the kids to school? So what if she has an iphone x, its not a bank breaker if you're paying qround 30,000 GBP in International school fees for 3 kids a year. The more you give her the more your kids will get.


    Where are your kids and their mom going to live if you don't sell the house?

  14. #39
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    Thanks Mex ....

    Well I guess about 50 to 500 photos a week and many Thai witnesses...
    Main provider I guess would mean owning the house, paying the electric etc from my bank account oh and the school fees and Tesco Online shopping once a week...


    Quote Originally Posted by Mex View Post
    Good luck Cliffy.

    Can you prove that you have had custody of the kids for the last 6 months?

    Can you prove that you have been the main provider for the kids?

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