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  1. #1
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    Land ownership after separation with Thai spouse

    I have or had a small resort that i build on land that we brought not family land and now its gone to shit is it 50 , 50 here when the marrage breaks up and do we have any rights on seeing the kids
    Last edited by Marmite the Dog; 09-08-2009 at 07:19 AM. Reason: Changed Case

  2. #2
    Thailand Expat Fondles's Avatar
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    What ??

  3. #3
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    Sorry About That

  4. #4
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    I think it's 50:50, so if it's land it has to be sold as you can't own land.

    Missismiggins is the person to ask.

  5. #5
    On a walkabout Loy Toy's Avatar
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    Another member here can probably give you some good advice and if he sees fit.

    Will probably PM you and if he has the time and energy!

  6. #6
    anonymous ant
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    get hold of the lawyers who advertise on this board as soon as you can.
    going to your choice of thai lawyer could land you in shit (i have been there, 3 times, including following recommendations from members here). i tried the "other option" and got fukt over on 3 different occasions. sounds like you have real rights, and you will get the best deal and the best advice at isaanlawyers, right here.
    they pulled off some miracles for me and i have no problem promoting them.

    (hey, DD

    so do i get a kickback or something?-this is about the third time i have punted one of your advertisers!!)

    seriously, now. these guys are about as good as you will find, TOTALLY PROFFESSIONAL, and incredibly reasonably priced..
    contact them NOW!!!

    by the way, i got All THE LAND, and SOLE CUSTODY of my kids, plus the parents' land later when she croaked, but that is another story. there were a few hairy moments, and they make no promises, but i honestly believe that this is the best deal you will get.

  7. #7
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    I have never heard of any farrang getting the land. Buildings and even blocks of flats, but not land.

  8. #8
    anonymous ant
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    Quote Originally Posted by the dogcatcher View Post
    I have never heard of any farrang getting the land. Buildings and even blocks of flats, but not land.
    not technically, but secured in my childrens' names. sorry, i should have clarified that. we cannot legally own land, but our kids can, if the mother was thai.

  9. #9
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    Quote Originally Posted by NickA
    Missismiggins is the person to ask.
    Sorry, I meant tsicar.

    I get mixed up because they are both racists

  10. #10
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    learn to use the capslock key

  11. #11
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    ^ Nothing wrong with shouting your sorrows when it's gone to shit like that.

    If/when I ever buy a house or land in Thailand I will be looking at putting it in my kids name... not that i don't trust Speccy Brace Face but it would seem the sensible option.

  12. #12
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    Another "Thank God that's not me" thread?

  13. #13
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    I think whether or not you were married legally (registered at the Amphur), will have a big bearing. If you were then all assets are supposed to be split 50/50.

    There was a farang in Phuket who ex thought the house in her name would be 100% hers cause farang can't own land. However through the courts he was able to force a sale of the property.

  14. #14
    Elite Mumbler
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    Quote Originally Posted by Smithson
    I think whether or not you were married legally (registered at the Amphur), will have a big bearing.
    Common law marriage laws exist here. You don't have to be married properly.

  15. #15
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    Quote Originally Posted by Smithson View Post
    I think whether or not you were married legally (registered at the Amphur), will have a big bearing. If you were then all assets are supposed to be split 50/50.

    There was a farang in Phuket who ex thought the house in her name would be 100% hers cause farang can't own land. However through the courts he was able to force a sale of the property.
    That's right, I know of another foreigner who did that in Surat. In addition my lawyer told me the same but I didn't pursue that because I didn't want a legal fight.

  16. #16
    DaffyDuck
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    Quote Originally Posted by ploddo View Post
    i HAVE OR HAD A SMALL RESORT THAT I BUILD ON LAND THAT WE BROUGHT NOT FAMILY LAND AND NOW ITS GONE TO SHIT IS IT 50 , 50 HERE WHEN THE MARRAGE BREAKS UP AND DO WE HAVE ANY RIGHTS ON SEEING THE KIDS
    MAYBE HAVE OR BUT AFTER ALL THE SEEING KIDS HAVE NOT MAYBE IF HAVE OVERALL NOT KEEPING THE WHAT'S IMPORTANT IN THE LAW AND MAYBE YOU HAVE IT. OR YOU DO. OKAY.

  17. #17
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    Quote Originally Posted by pickel View Post
    Quote Originally Posted by Smithson
    I think whether or not you were married legally (registered at the Amphur), will have a big bearing.
    Common law marriage laws exist here. You don't have to be married properly.
    Common law marriage in a civil law system. Are you serious?

    Look at Sections 1435 - 1535 of the CCC for Marriage. With so many Mia Noi, Common Law marriage will never been acceptable in Thailand, regardless of ther fact that it is a civil law system.

  18. #18
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    Quote Originally Posted by William
    Common law marriage in a civil law system. Are you serious? Look at Sections 1435 - 1535 of the CCC for Marriage. With so many Mia Noi, Common Law marriage will never been acceptable in Thailand, regardless of ther fact that it is a civil law system.
    It just worked for me. I don't have the CCC to refer to but living together as a man and wife, even though unmarried, is viewed as the same in the courts. I can't see mia nois being applicable because they aren't actually living together as a man and wife would. I could refer you to my lawyer if you wish.

  19. #19
    Thailand Expat
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    Quote Originally Posted by pickel View Post
    Quote Originally Posted by William
    Common law marriage in a civil law system. Are you serious? Look at Sections 1435 - 1535 of the CCC for Marriage. With so many Mia Noi, Common Law marriage will never been acceptable in Thailand, regardless of ther fact that it is a civil law system.
    It just worked for me. I don't have the CCC to refer to but living together as a man and wife, even though unmarried, is viewed as the same in the courts. I can't see mia nois being applicable because they aren't actually living together as a man and wife would. I could refer you to my lawyer if you wish.
    Please do. I don't live in Thailand - but this I would love to hear!

  20. #20

    R.I.P.


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    That would make a mockery of the marriage laws though pickel, what is yours before the marriage is yours after the marriage ends.

  21. #21
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    Quote Originally Posted by dirtydog View Post
    That would make a mockery of the marriage laws though pickel, what is yours before the marriage is yours after the marriage ends.
    not in indo

  22. #22
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    Quote Originally Posted by dirtydog
    That would make a mockery of the marriage laws though pickel, what is yours before the marriage is yours after the marriage ends.
    I never said otherwise. It is what is acquired during the relationship that is 50/50, as far as I know.

  23. #23
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    Quote Originally Posted by pickel View Post
    Quote Originally Posted by dirtydog
    That would make a mockery of the marriage laws though pickel, what is yours before the marriage is yours after the marriage ends.
    It is what is acquired during the relationship that is 50/50, as far as I know.
    That is correct. But, it is the definition of "relationship" that counts. Under Thai law there really is only two definitions of this: (a) sin sot - which is needed as part of an promise to marry; and (b) marriage, which needs to be registered at the Amphur.

    Any relationship that falls outside of this, even one where you have 99 monks as witness, is not a relationship.

    It may have worked in you case, but, I doubt very much, it will work in a Thai court.

  24. #24
    Elite Mumbler
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    Quote Originally Posted by William
    It may have worked in you case, but, I doubt very much, it will work in a Thai court.
    I've pm'd you the details. Contact them and find out for yourself. As far as I know, these laws are quite new.

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