Phuket

les1999 · #1 19-11-2007, 18:44

A question for some of you long time guys who live in Thailand.....

My g/f owned a house with her ex-husband and still has her name on the mortgage documents as (part) owner (similar to to other countries)

Her children lived with her for the first 2 years but she handed them over to her ex. and his parents as the small village school where she lived really wasn't giving them the education she wanted for them. Obviously they are better off with the ex. as the house is also a mini-mart, although he (the ex) doesn't make anywhere as much money as she did when she worked the business (sound typical...!!!!)

Anyway, to cut to the chase, in Thailand, as in most farang countries, is she intitled to 50% of the proceeds of the sale of the house etc if it came to it, and, can she get the children back if she wanted to and had the means to care for them etc.

The children are a son aged 13 and a daughter aged 9, both of whom she misses deperately but is afraid to see them because of her ex. as he has tried to find out where she lives several times.

Would it be worth getting a solicitor on her behalf or what....?????

Any info, sugestions would be gratefully recieved.

Dodger · #2 19-11-2007, 19:04

Contact a solicitor Les, its the only real answer you will get. Pick one slightly out of the area the house is in, as he might be friends etc with the ex. Think they will be able to answer your questions by email. Also get your gf to ask around if one firm is better than others etc.

To date any matters similar to this that i have heard of, have been handled by the families, and sorted out between them, but for at least the right info I'd contact a solicitor. Always best to be fully informed before the commencement of any negotiation.

To my knowledge the house proceeds would be split 50:50 and the children would go to which ever parent they actually chose, not so much financial or beterment arguments come into it. However too important to go with a BM's advice or thoughts so ring that solicitor.

zarf · #3 19-11-2007, 19:34

I echo Dodger's advice, For something like that go to the best source ie. a lawyer, as too vital an issue to go in armed with "my friend says.."

LivinLOS · #4 20-11-2007, 07:56

Technically she is entitled to 50% of assets created during marriage (not prior IIRC) and probably custody.

Problem is Thailands legal framework is not consistant or properly applied. Plus it takes many years getting things through courts and money, what the law technically says and what happens in the real world are very different things. If shes been a BG her legal rights and perception of her claim will go downhill rapidly. Its all to do with status etc.

Nanook · #5 20-11-2007, 15:18

Just follow LiL's and Dodger's advise Les and get a lawyer. Thai law might be different than our laws in the west. But moreover, they might be even interpreted in different ways as well. As farang, we might find it difficult to understand.

So, indeed I believe you can help Nee the best when you get a decent lawyer.

landofsmiles · #6 20-11-2007, 15:26

I have a lady friend going through the same thing up in Ubon. She has 2 boys and has custody of one and her ex-husband the other. She now has a US boyfriend and wants to go marry him in the US and take her 2 boys with her. She's been through the courts using a lawyer and failed to get custody of the other one.

Her ex knows about her plans and the US guy and is now saying she can have him on condition she pays him a certain amount of money...don't know how much....bast@rd. So she's now in a position where she has to "buy" her son back

les1999 · #7 20-11-2007, 17:27

thanks guys for the info - I kinda realised that a solicitor was the way to go although this is only a mild thought at the moment as my g/f doesn't know I'm asking around yet.
Really just thinking things over incase it should ever crop up - I think at the moment she would be happy just to see them from time to time, and maybe to take them on holiday but she's worried to ask her ex, however we will see over the next year.
Maybe I should just take the "heavies" round to see him.......55555555

Dodger · #8 20-11-2007, 19:16

Quote:

Originally Posted by les1999

Maybe I should just take the "heavies" round to see him.......55555555

Best option Les and also the cheapest!!

les1999 · #9 21-11-2007, 17:15

Quote:

Originally Posted by Dodger

Best option Les and also the cheapest!!

to be quite honest Dodg - its always an option..........