Divorce and property in Thailand can become a problem if you did not plan properly. If you do not have a usufruct or have a superficies then the problems listed below is what you would be experiencing. Always take proper advice from an attorney before you get married in Thailand as that alone could save you time and money later. This is mainly a Thai problem because of property rights in Thailand for a house or villa is not available to foreigners.
Divorce and Property
Thai Marriage Visa
You get married and live on in Thailand on your extended marriage visa. When you get divorced that will also bring your marriage visa to an end. If you have a child born in Thailand with Thai citizenship then you can apply for a visa on that bases or if you are over the age of 50 you can apply for a Thai O-A visa as the retirement visa.
Outside of that you would not be able to continue to live in Thailand unless you have a work permit for Thailand. This is something to consider when you decide to live in Thailand. There are some unique problems when it comes to divorce and property.
Property Ownership
Property issues always arise when there was no proper planning when moving to Thailand. This normally shows up when it comes to property and there was no superficies used or usufruct in place when property was bought or built. It’s the number one problem with divorce in Thailand because the property laws not allowing foreigners to own land or a house in their names directly. Many place the house or villa in the name of their Thai wife or in the name of their Thai child.
When the divorce occurs there is no protection as the house does not fall into the estate and the children when minors would normally have their mother as the guardian and in control of “their property”.
Sued for Divorce
Some foreigner do the unthinkable and ignore the application for a divorce when it is served on them. The problem is that if you ignore the summons your wife will get everything in the divorce application and she might also sue you for damages according to the claims in her summons. This is one legal process you should never ignore.
Business
Many who get divorced in Thailand run and own their own businesses. When getting divorced many sell their business but problems occur when there is a partnership and you partner does not want you wife as a business partner. Most times what they get when they sell the business is not what it is really worth. You will simply dump the business investment by taking a low offer or your wife will want part of it. Note that many foreigners tend to add their Thai wife as a business partner.
These are some of the issues with divorce in Thailand that makes the divorce unique compared to what you would experience in your home country. If however proper family lawyer in Thailand had been consulted then you would have been saved this mess.