Need advice on divorce
Dear readers,
My wife and I got married 5 years ago in the Netherlands. Six months ago we emigrated to Thailand together and also registered our marriage in Thailand. After a lot of hassle we have now come to the point where we both want a divorce. She wants to stay in Thailand to take care of her parents, while I would like to continue living in Thailand without her. Well, in a place far away from the province of Korat.
In Thailand we have the following assets in her name, but bought with money from my bank account:
- auto
- house (land is in the name of her parents)
- another house in another village (land is in her parents' name)
My wife refuses to add water to the house and feels that everything is (and remains) hers because it is in her name. In the meantime I have read some information about the (fair) division of property and goods as partners get divorced. I also contacted a Thai law firm.
Before incurring costs and hiring a lawyer, I'd like to hear if readers have any expert advice on what I should do in a situation like this to fairly divide what my wife and I own.
Regards,
Founding_Father
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If there are no other legally established agreements, everything purchased during the marriage must be divided equally, regardless of who paid for it or in whose name it is registered. If the properties you mention were purchased before your marriage, they belong to the person in whose name they are registered. In the divorce decree, your wife, ex, from the goodness of her heart can make something to you.
I was divorced in 2012. Before the divorce, my wife put all her possessions, lands and house in the name of our then minor son. Our son is now of age, has sold a number of possessions and divided the proceeds, several million baht, among the three of us by mutual consent. He still has a piece of land that he does not want to lose. I have a pleasant relationship with our son's mother through all of this. But I would definitely consult a lawyer. Good luck
@Tino Kuis: (…) everything bought during the marriage should be divided equally, regardless of who paid for it or whose name it is in.
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That is not correct. If you buy an apartment during the marriage and you can prove that it was bought with your own money, i.e. money from the Netherlands, and it is also 100% in your name, then the apartment remains your property and does not have to be divided.
I'm going to assume Thai law for a while. In the case of Klaas, he does have problems. He may have been married in community of property in the Netherlands (that won't help) and the real estate in Thailand is not in his name (that won't work either).
Good luck with it.
Who is Klaus?
Land is in the name of her parents', I also forgot. It is true that if a Thai buys land (with or without a house) they must sign that the money comes from him/her. There is a tolerance policy.
You may be right about your 'apartment', Eric. I don't know enough about that.
@Tino. I am indeed talking about apartments. That works differently
@Founding Father. Good question. Apparently dug up from my imagination. It's due to climate change. I mean: the writer of the piece.
You can NOT divorce at the municipality if there is no agreement. Lawyer and court, just like NL.
Succes
Can you recommend a good law firm? We speak Dutch and the main lawyer is Thai and speaks perfect English. Are located in Bangkok Pattay and Chiang Mai law firm name is CB CHARTDEE & BANNING TELEPHONE number her name is Tina Banning +66 611308438
Where is the marriage dissolved? It can be cheap if you can agree, but it can also be very expensive if you cannot agree. Six thousand euros for a lawyer is nothing. Love is blind, false love is greedy. Divorce in Thailand can be cheapest if both parties want to work things out.
am i not allowed to give a name of a lawyer and is therefore not posted or did i do wrong. let me know. Mvg site email [email protected]
No personal experience with it, but well informed at two offices in Korat.
According to say
Since we [lawyers] don't work for ransom either, dividing up property is better off if you can arrange that among yourselves, of course.
It is advisable to install a cooling period of several months elsewhere.
Turn it around, so that part of your story.
If not to the court where today there is a little more understanding for the foreigner who once paid it.
But you can't pick a bald frog since houses are on family property.
You certainly pull the shortest string.
Named bank accounts in Thailand remain unaffected, I'm told.
Success.
In principle, obtaining legal advice can never hurt, but you are certainly not in a strong position. As others have said, the best thing you can do is try to work things out together.
I don't know what price range these are, but personally I think it's best to cut your losses and see if you can get the car.