Life Partnership on Properties Without Marriage

Written by Lawyer Wichai Pannoi

After a few talks at the Pattaya Expat Club meeting and with clients and friends (Farangs) alike, there is both a demand and request for me to write this third legal article about properties shared by common law couples shacking up together without legal marriage.

I will not emphasize on married couples as there are all kinds of law covering them, but only for those who can not marry one another for whatever reasons, both for the normal male-female couples and of those the same sex! I admit, though that this article is meant more for Farang men (or even other alien men) with their local Thai lady friends, but the idea can be applied to all contemporary people around.

Now, if you live together without marriage for a certain period of time even with those of the same sex, with or without having sex with one another, and you share or gain all kinds of assets and properties together, though the stronger sex (men or those who act as men) always end up buying or spending a lot more or even buying alone. Thailand does not have direct law for life partnership couples. Only business partnership law can be applied or construed for it and it is usually a worse mess both in or out of the court rooms (more than in business partnership) as most of the time for most of the people at the time of buying is usually in the sweet or honey moon type period. or aSo the couples never sort out who buys what and with whose money, let alone involving a lawyern agreement. [b]Consulting a lawyer could indeed have prevented a lot of mishaps![/b]

And of course, most couples never keep receipts except in the case of some of those who happen to be the lawyers or some top NCOs.

As mentioned above, Thailand does not have direct law for lover couples to sort out their properties. If and when they have to part with one another, the normal partnership law (for business) can be used.

From my own study, and reading, observation and direct litigation experiences, not too many life partners go to court to fight for their properties. Either one of the parties just gives up and walks away and leaves the properties to the other party especially in case of direct registration such as land, condo or vehicles. Movable properties to whoever posses them or wears them. But now with globalization, society is more sophisticated, and with more sophisticated people involved there could be more disputes and subsequently more court cases in the future.

If so then look for a trial lawyer. Only the court is empowered to make the final legal decision. Lawyers do not have to worry about the moral issues at hand as who should get or keep what.

So far, in most of the normal male-female life partners, if the local women are hardly educated and not in possession of things, she will walk away if the Farang man does not want to give or the Farang man will walk away and leave all to the woman. Things will be easier if such couples have kids, then they can just give most of their properties to their mutual children.

But in case of more sophisticated women who usually have more education and of course more friends and families mixing in and without any mutual children, no one wants to give in. Human witnesses will be more significant if you don't have things in writing and fighting over what belongs to whom!

On the more often cases of Farang men owning or leasing the house, condo, apartment etc., you wouldn't have to worry so much yet if your local lady friend is not the complex and uneducated type, she will likely not involve a lawyer over you. But if she is more sophisticated and combined with her greed and shamelessness and friends or family cheering on. You could have big problems when you feel that you have bought everything yourself and she does not deserve anything when you want to split from one another. You will need a lawyer, or if you are a poor life partner and want to take some of the properties from her as a life partner, you will need a lawyer too if she doesn't want to share.

As to the case of the same sex sharing or shacking up or coupling with one another, it will breed more problems as most are more sophisticated and more aggressive and offensive or even vicious. And the party who has not spent much to acquire the properties becomes greedy, and shameless and standing firm to share the properties as life partners. And you as the main buyer do not also want to give any, then only the courts can decide.

The next and last similar on love affair of giving or on gifts especially when you don't live together in the same room. If the other party who has manipulated or tricked or cheated you in to buying a lot for her or him and she or he neglects you or leaves you or plays games with you most of the time, and you finally become sick of her or him and want to end the affair and call for the return of all the things you have given her or him. And if she or he is so stubborn or so thick-faced or so shameless and has no honor to give back, and you want to go to court to demand ingratitude to return things back to you, forget it as Thai courts only force the gifts back on only to your next of kin below you (children or grandchildren). To lovers or any other friends, if you give to them on passion or love or romance, they are considered as gifts forever.

So all in all for the normal life partnership of male-female of even the same sex , if you don't want to get into a lot of legal problems, better to prevent by having a lawyer next to you or have a certain and simple agreement in writing first. Or at least try to keep the receipts or evidence of who bought what, before your plunge in to living with one another. And if you have not prepared as such, get a trial lawyer, but try not to kill one another as both will definitely lose. Life is so beautiful and already short enough! Better to live and let live! This way I wouldn't have to talk or write on the topic of "how to knock off your worse half and get away with it?" No! just kidding, I can not really do such topic as it is highly unprofessional and immoral, though not entirely illegal to give one!