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[thaiwanderer]

guzzi850m2, on 2012-02-06 20:45:34, said:

thaiwanderer, on 2012-02-06 19:44:27, said:

If lease to you is granted by your wife it CAN be canceled. The lawyer is wrong, you misinterpreted them or you meant to post 'other than if its a lease from the wife'.

CCC 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.

Well well, the lawyer I used today have helped me in the past with company set up for my previous house. Todays visit at his office was free of charge.

Have anybody here heard about a house lease contract wife/husband has been canceled, using CCC Section 1469?

Classic. What was the lawyer's advice on that?

[guzzi850m2]

thaiwanderer, on 2012-02-06 21:32:32, said:

Classic. What was the lawyer's advice on that?

What do you mean? He did set up a company for me then with me as chairman (49%) and different nominees. I sold the house after 3 years with a small profit (app.2 years ago) and dissolved the company as the company was only there to own land/house.

[Khun Jean]

Dump the lawyer quickly or find out the consequences later.
Guess what, he will not be accountable (very convenient) and you will have nothing.
But it is "Up to you".
My advise would be to follow the written law not some lawyer who knows you don't know and makes money distorting the truth.
Thaiwanderer even gave you the section in which it says very clearly that a contract between spouses can be dissolved. Actually it is not 'can' be but 'have to'. Again the lawyer is wrong! As are most unfortunately.
Why am i hearing the song 'another bites the dust' in my head.

I don't understand something. You ask for advice, and if the advice is not 100% what you would like to hear it is better to ignore it? Do you think the lawyer has more knowledge? Go read some www.samuiforsale.com . Another laywer but one that is not twisting the truth to make some money.
You do want some form of protection, right?
Read that site, learn and then TELL your lawyer what to do or by then you know enough to do it yourself.
Some more for your enjoyment: http://www.thailandl...-the-house.html

Edited by Khun Jean, 2012-02-06 22:59:23.

[guzzi850m2]

Khun Jean

Thanks for the advise and links and no I didn't mean to sound like I don't  want to listen to the experts.

I have decided to trust my wife, yes I know it sounds stupid but that me, as I wrote earlier I been together with my wife for almost 7 years and we have a kid.

For me to loose our house in case of divorce would not be the end of the world to me. I have a quite good job in the oil off-shore industry and my salary goes to a bank in Singapore. I still have 15 years of work left in me so when the time comes to retire I will have good pension fonds waiting in Singapore and Denmark.

To me the end of the world would be not able to see my son grow and develop, fxxx the house.

[thaiwanderer]

guzzi850m2, on 2012-02-06 22:07:15, said:

thaiwanderer, on 2012-02-06 21:32:32, said:

Classic. What was the lawyer's advice on that?

What do you mean? He did set up a company for me then with me as chairman (49%) and different nominees. I sold the house after 3 years with a small profit (app.2 years ago) and dissolved the company as the company was only there to own land/house.

It was a throw away comment more aimed at what we can tell about your lawyer.

Good for you, you broke the law, got away with it and profited.

There might never have been a problem with your illegal company structure but its anyway different from thinking a lease, mortgage or whatever to and from your wife gave some protection or even a brittle appearance of some when right from the outset it gave absolutely none.

It's not our place to speculate on whether you should or shouldn't trust your wife, but you talked of wanting protection and yet invoked the advice of a 'real thai lawyer' who is (i) giving wholly incorrect advise (if reported by you accurately) and (ii) has already assisted in setting up a company for you to commit an imprisonable offence and potential forfeiture of your investment (without clarifying whether he advised you of this).

You say you've now decided to trust your wife though I interpret your talk of offshore work and pensions etc that you may not be considering her entitlement (and trusting her) to anything beyond the land?

At the very least, good for you on that. I've posted here a number of times that usually I see the differing land rights for thai / farang relationships as a perfect reason to give the thai spouse the land from the outset, rather than just give the appearance they have the land in the hope of successfully breaking the law. I do sometimes wonder when posters talk of protecting themselves regarding land what provision if any they are making for their spouses should things go wrong, especially since they are already planning for it themselves!

Edited by thaiwanderer, 2012-02-07 00:31:26.

[ludditeman]

guzzi850m2, on 2012-02-06 23:23:36, said:

I have decided to trust my wife, yes I know it sounds stupid but that me, as I wrote earlier I been together with my wife for almost 7 years and we have a kid.

You can often trust you wife while she loves you, when she no longer loves you then you can't trust her.
The 'no longer' bit comes at the end of the relationship. Having kids together makes little difference at the endgame.

PS
If you have children with her, why not put the land in the kids name, whith a provision giving you use of the land.
Saves on the lease fees, stops your wife breaking any lease in event of divorce.

Edited by ludditeman, 2012-02-07 08:24:11.

[haveaniceday]

My ex is trying to make life very hard for my new wife and has told her that she is the rightful owner of everything, even demanding access to the land / house as she sees fit. All cobblers of course but how does Thai law view this?

Does the Ex have legal access to the land in and entry rights to the house?

[guzzi850m2]

Lets face it: Non Thais can't own land here unless you invest is it 40 mill bath which I don't have and if I had I would not do that anyway.

Many expats have been trying this and this in order to "own" land here, incl myself but I must admit than when I went to this adviser last Friday and he told me okay we do this and this but then we also has to do this and this. Transfer 2 times at the land office and mortgage for the wife to sign and making last will for her and me and bla bla, I said to myself: who do you think you are kidding buddy? If the marriage goes tits up and it ends in court its very likely that they will rule in her favor anyway so why fight it.

Yes I wrote that I decided to trust my wife! A bit silly statement as I been trusting her all the time, I mean I go to work all over the world 2 month at the time before having 2 month holiday here and I never been nervous that she been up to something when I am gone. If I felt it that way my life would be hell when out working.

Most marriages goes tits up sooner or later (world wide-statically facts), most older expats in Thailand have a divorce behind them in their home country but hopefully grown up kids before that happened and many of them come out here fell in love again with a much younger woman/girl. I wish them all good luck with that but please don't invest more in her what you can walk away from and still have money to live for.
I can write a novel about my marriage and why I think it will last but I will not do that, you would be bored to hell, lol.
I prefer family life any day, it gives me a felling of security (my family/house) in an ever increasing uncertain world, yes a bit optimistic but whats wrong with that. If I lived alone I would properly hit the bars every night and have many partners, I tried that and its okay for a period but boring in the long run.

[rayinkrabi]

haveaniceday, on 2012-02-07 09:52:22, said:

My ex is trying to make life very hard for my new wife and has told her that she is the rightful owner of everything, even demanding access to the land / house as she sees fit. All cobblers of course but how does Thai law view this?

Does the Ex have legal access to the land in and entry rights to the house?

I thought there was something that stated she could 'inspect' on appointment but following your reply I've re-read the lease (at least another 3 times) and can't find it!

No problem now tho, we had a brief period of grief from her during which time I pointed out that she is likely to get herself into trouble with the law, this didn't seem to worry her at all so we simply asked others to have a quiet word on our behalf (no silly threats of violence or anything illegal, just straight talking of what is right & wrong) this seemed to do the trick.

To be honest I didn't / don't really want to involve the police or go down the 'legal route' unless I really have to as I simply don't trust the authorities here.