Thai Law | Property Disputes
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| Thai Law |
Thai law | We will write about
real case stories that our firm has handled and use our experience to help you to succeed in any law case.
Sometimes we have to say that you cannot win a case all the time, but there are
ways for you to gain benefits so that we can get more than normal with regards
to a case. The most common case that we have in Thailand is with a foreign man
and Thai girl; who bought property and put the property under the girl’s name. Normally
you will be in agreement to share the property fifty – fifty after a divorce or
separation but that is not always the outcome in reality.
The first way is to
avoid this dispute is by buying the property before you register for marriage,
this is the best way to protect your investment, as the property will not come
to be the asset of the spouse and we can easily ask for the property back. The
second way is almost the same but concerns being a de facto common law couple
not a married couple. One very important piece of evidence for these two cases is
the bank statements regarding to the transfer of funds into the Kingdom that
you use to purchase the property. With this evidence you can prove to the court
that all the money used to pay for the property is yours and the court will
give you a chance to compromise on the case. With our experience this
compromise will be in the form of paying the girl a few hundred thousand baht
and the case will be solved easily. But there are also some difficult girls and
you may have to pay more, consider this fee on a case by case basis.
The third way is in
the case of marriage, whenever you purchase a property and place under a Thai
wife’s name you will have to go with her to the land department on the
transferring date and sign a consent form. This form puts you in a bad position
as on the form you have to say that the money is not yours and it all belongs
to the girl, which is the first condition of the form. The second condition is
that you will not ask for the money back at all. Although the form is in
English and Thai some words are Romanized Thai for example “sin suan tuay”
(private property) and you will not understand the form fully.
The way to fight a
case like this is to submit for divorce and to share the property or you can
say that all of the property was bought with your money only. On the worst case
scenario you will have to split fifty – fifty but again during the case you
will have the chance to compromise and if you want to keep the property under
your name (Company name) you will have to prepare a few hundred thousand baht
to pay to your spouse.
Our Comment: For a
frequent case like this it is common court procedure for a judge to ask the
Thai girl’s side to compromise and accept the money, because all the money that
was used to purchase the property was paid for by the foreign man and the Thai girl/girl
never paid any money for the property at all. If you have your own case or any
questions regarding Thai law you can write in to us and we will answer any
questions or concerns in this column.
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