I’ve been involved in 2 motor vehicle accidents in Thailand, both not my fault and both had insurance. Best advice I can give is have insurance and just call the company as soon as you have an accident. The local assessor/agent will come and deal with everything and in a neutral manner. Both cases of mine went against the Thai’s so I can’t say I was treated as a 2nd class person
Dont even think about buying property in Thailand its not worth the hassle Trying to navigate through legal loopholes for what ? Rent is so cheap it makes no sense to buy if you want to buy property do it in your own Country You will get a better rate of return and no headache
@@packageism Why ? I you like your place , keep paying the rent and if the landlord don't want to fix what you need , so offer him/her you will do it and deduct the amount from next months rent. If you want improvements offer the same deal and I bet they will go for it. And otherwise move ! Simple !
You can't win against Asian countries in court period. Theirs laws only favor their country not foreigners. So please be at your best behavior in overseas.
quite nice how the lawyer explains the basics of marriage historically is grown on religious and social pressure SO its pretty easy to get around this if you do not absolutely want to own land in Thailand 1 You do not marry as its been grown on bullshit and is senseless also emotionally not needed 2 You buy a condominium instead of a house and land i ve seen quite a few guys in Thailand having lost all they had more or less to some chicks and I think thats really not needed
Happens same in western countries. Guys getting fleeced by women after a divorce. Any asset accumulated after marriage are split 50% after divorce in Thailand. This is Thai family law in a nutshell
Dont ever get involved with the thai legal system. As a foriegner you always come second to a thai. Even simple things like freehold dont mean the same in Thailand as the do in the west.
I have a scenario I would like to see addressed. I trust my wife explicitly and am more than happy to purchase a property in TH, fully knowing I will never own the land. What happens in the unlikely even, she passes before me. Can I sell that property and move back to my country. Or by the fact I do not own it does it mean I have absolutely no right over it. I would surely need that money to repatriate myself. Assuming without my Thai spouse I no longer have a legitimate reason to stay.
Just understand as a farang in Thailand your always be a 2nd class citizen, I don’t care what your job is what visa you’ve got or even if you’ve got “Thai citizenship” you will always be a 2nd class citizen, I’m not ranting or saying this in a malicious way, I love Thailand and the majority of Thai people, but if you choose to live there you will just have to except it. Hope everyone has a great day. Stay safe and be lucky.
I agree Foreigners should not own land in Thailand. -- The locals would be priced out of all land. -- Look at the "inflation" in Los Angeles during the early 1970s - 1980s && Vancouver during the Hong Kong exodus.
This is so excellent thank you guys. This will be very helpful when I move to Thailand in a couple of years. The more information I have I think the more successful my life will be when I get over there
Sadly the video did not really provide any actionable solution. Anyway, if I understand correctly: 1) In the USA, women are strongly incentivized marrying a man and immediately divorce (they even have courses about how to do that!) and steal *HALF* his money and property. 2) In Thailand, women are strongly incentivized marrying a "farang" and immediately divorce and steal *ALL* his money and property. And then we constantly see blogs and videos asking: "where have all the good men gone"? LOL you either accept a *RENTED* condo with me or bug off!
Why don’t you go and join MGTOW cos that’s what you sound like. Men have courses on learning to be a pick up artist, so what, if I’m married to a Woman and we have kid’s together and for the sake of this argument she stays home and takes care of the kid’s while I go out and have a career, and then after 10-15-25yrs I decide to get myself a young girlfriend or that I don’t love my wife anymore, then yes she should get half she has been bringing up your children and possibly working too and doing the majority if not all the household chores. She has supported you and your career knowing she comes second, she should get half, it’s the same way if the woman earns more, you became a partnership. Seriously stop whining poor us Men we have it so bad. Such BS.
@@Sweetlyfe Yes, go to personal attacks, so you show that you either don't have an argument or you didn't even care to finish my post. 1) I am talking about *MARRIAGE* , not about being a chad who goes picking up easy girls to spend a night with. There are courses about how to setup a quick divorce to an husband and they are wildly advertised in certain "activist women" forums. 2) Where do you "get" that I am a MGTOW, they are totally against marriage too, while I am totally FOR it. But I want the laws to change and to make it a *FAIR* deal, where the man is not *ALWAYS* put on the chopping block and stripped off property *AND* - worst of all - children. 3) What I am really challenging is not even your precious US marriage laws, but Thailand laws, that manage to be even worse. Why should a guy *EVER* marry a Thai woman, if all he can get is to lose not half but the whole house, properties and even bank account?
Yes no common or civil law in Thailand. It is up to the police officers discretion and then if it goes to court. It’s up to them a judge or panel of judges discretion. You are a guest in this country when you visit, and you don’t want to ever end up in a Thai jail or prison. Thank you Tim this was an excellent program👍
In Australia, police also have discretion not to take a matter further. In fact, all public servants are paid use their judgement. They are not automatons simply following a set of rules in a robotic manner. Also in Australia, one can just pay an infringement notice or chose to take the matter to court.
The only commodity anybody can truly own, is something that can be picked up and taken away, Countries where the "foreigners cannot buy our land" situation, should designate free holds as "open ended" leases, It doesn't matter how wealthy any individual is, Thai or foreign, you can never truly own the said land, IT WILL ALWAYS BE THAILAND land. Governments need to get their heads around this, and allow foreigners to pay for land which they can live on indefinitely, if they so wish, after all governments in whichever country can get hold of it by compulsorily purchase if they need it
Domestic violence laws in Arizona and many other states are pre-loaded again men, especially husbands. A wife can have an unwanted husband removed from the home without any evidence of wrongdoing by the husband. The wife can not only have the unwanted husband removed from the home, she can also obtain a temporary court order for “equalization of income”. This is in addition to having most of the bills and family debt assigned to the unwanted husband. An order of protection prohibits the husband from living in his own home. The wife will often file for divorce at the same time she filed for the order of protection. It can be weeks if not months before the husband has his day in court. However the damage has already been done. It is very unlikely that the husband will be able to return home and reverse the damage. Even after the order of protection is dismissed, the dismissed charges is forever on his record and never can be expunged. It can make it difficult for the man to maintain or find new employment.
--- From the US Embassy website.-- Tips to Avoid Arrest Overseas: ***Understand that you are subject to the local laws and regulations while visiting or living in the country - follow them. -- If arrested abroad, a citizen must go through the foreign legal process for being charged or indicted, prosecuted, possibly convicted and sentenced, and for any appeals process. Within this framework, U.S. consular officers provide a wide variety of services to U.S. citizens arrested abroad and their families.
Thailand has a law that foreigners cannot have legal title to land nor can foreigners have a have a greater than 50% economic interest in land. Not difficult to understand. If a Thai spouse of a foreigner (or a Thai) has title to the land then the land is legally held by the wife not withstanding the husband paid 100% of the cost for it. Why did the husband pay for the land? Was the money a gift, a loan? Or something else? Was it simply to attempt to circumvent the law that a 50% of greater economic ownership of land. Was it simply 'putting the land in the wife's name' to attempt to get around the law, while maintaining a 100% economic interest in the land because the husband paid 100% of the cost of the land? Apparently, under the common law system the husband could ask for land owned by the wife to be sold and the husband to get his money back. So the courts in common law system would grant a person, in this case the foreigner, something that the statutory law specifically excludes (a 50% or greater economic ownership of land). It would in effect have the courts facilitating the circumventing the law. I find it difficult to believe that the common law courts would find such an outcome to be equitable. The person (the foreigner) did not come to the court with clean hands.
My wife ( Thai ) after the police threatened me ( UK )...not my fault as I was hit on my bike by a Thai...she got Lawyer within 1 hour and the police man disappeared
@@RS-of1om Singapore is a common law country. Equity law will not save you from the death sentence in Singapore. Nor will your '1st amendment rights' allow you to say against the Singapore government. 😂
Cambodia-Thailand border gate resumes operation from today (01 May 2020) but health measures are strictly implemented. For Thailand passengers, the number of those who are entering Thailand are (1) fully vaccinated passengers (2) non-vaccination passengers and (2) those who are people in border provinces holding border certificates. Presentation of Thailand Pass, vaccination card, insurance card within 10 income circle. $1,000, RT-PCR test results, and licensing are followed by type of passenger, as summarized.” ----------- Fully vaccinated need a health insurance worth $120 (covers one month) plus registration in the Thai Pass and the extra future $15 visitor’s tax will be implemented in August 2022.
I have been advised that a Thai citizen upon their death can leave any of their property holdings to a foreigner. Major factor is that a foreigner can be entitled to property left to them by a Thai spouse and hold it BUT the foreigner can NOT sell that piece of property to anyone other than a Thai citizen. Is this generally correct?
I live in Koh Samui on year 4, and has as a tourist traveled all over this beautiful country -and I only have positive encounters with the Thai Police. Maybe I have been lucky? No, not one problem since I first came here in 1999 and every year since. They Have been nothing but helpful... Just saying💯🤗
Good overview of the Thai legal system. Perhaps tea money and "executive privilege" was an off the table or under topic not covered in this Law 101 series? Will there be an Episode II?
precisely my experience with a minor bike accident on 2nd rd in pattay quite some years ago 2005 ..the cop came down from the box at pattaya klang sorted it out ...deemed me at fault ..asked if i would pay the repair of the young mans bike ..which i did ...I ended up paying 2500 baht to the boy and later got a CALL TO GO TO THE BOX PAID THE COP 400 . and we were done ...his 400 covered me in case the boy tried to come back and get more he the cop would then would deal with it I was covered i lived up to my end ...this all happened with my GF as translator ...so yep in todays baht id say 8-10000 baht involved
Equity is really leaving the US court system also. Judges more and more give little heed to fairness and unconscionable situations, especially since law have become crazier and more brutal in some locales,, such as so called three strikes laws.
Another important assumption is that truth is a defense against libel/slander. Truth doesn't matter in TL. Even if you can give 100 witnesses that back up your claim, it doesn't matter.
Question: If someone is arrested in Thailand, how long can he/she be held in jail a part of the police "investigative function"? Is there a time table or can someone be held indefinitely without a lawyer if no charges are filed?
Depends on the crime. Pay the bail. My exp. Was under 8 hours ... Cause it was super late at night. 400 g of mj. 20k bail. And 2000 b fine. Then went back and got my bail money. If I didn't pay bail I would have been in prison for 4 months... Before I could pay my 2k fine. Fun fact, Police will lie To steal all your money. They tried to tell me some crazy number and said they want 100k etc.. I played along .. but in the end insisted on processing . They were so sad when I didn't give them bribe money. I'll take 8 hours standing...in a disgusting jail cell over 100k any day.
I got to say I was caught drinking and driving in Thailand, and if I'm being honest completely plastered with the half empty patron bottle in my backpack and didn't hit the limit in AMERICA I would of been spending the night in jail at minimum. So I can't say anything bad about it lol
Whilst that Carrie's on they themselves often don't wear helmets and commit other wrongdoings they fine people for. When fining farings a bunch of Thai school kids (sometimes four) can be seen on the same bike all without helmets despite no lisence, insurance, or passing a bike test due to age. This is ignored because they know there is no financial prophet which is a dreadful standard and a bad message all round that we all know about and often see especially in certain areas
@@johnnyautism Well it's also curious how you spotted this conversation without leaving you're name, have you been there yourself? If so you'd realise that normal everyday people are fine and it's a great place all round, more so by staying out of trouble and on the right side of the law as most do. Most countries have certain awkwardness's especially the UK where being a foreigner in your own country is writh, so getting away to a fun filled place is good now and again. So then, where do you go for your holidays and enjoyment please tell us now that you know a little about us and the location we like!
All depends where you are living, I’ve been stopped at road blocks driving a friends car, with out my passport or driving license, they asked a few questions I explained the best I could in thai whilst being patient and polite to them, they’ve smiled and just waved me on, it’s happened more than once, not all Thai police are on the take, some are decent people and very lenient, I’m sure I would of been dealt with heavily in any other foreign country under those circumstances. Maybe in places like pattaya or Phuket I can see the police targeting foreigners, but most of the time they won’t have a license, helmet and are probably over the limit.
My wife is Thai and we are getting ready to buy a new home when i return to Thailand. If something should happen that our marriage ended, i am of the mindset she is the love of my life and i would gladly give her ownership of the home without any fight from me. I have an excellent retirement and could survive quite well. Also my wife is entitled to survivor benefits if i die so i would prefer to just separate so she would still be entitled to said benefits, which she would lose if we divorced. I want to make sure she never has to worry about money in her senior years.
Please confirm what I have read. There is no such thing as an enforceable contract between a husband and wife in Thailand. The logic being that such an agreement can not be 'at arms length'. There is most likely some undue influence involved. Thank you.
That i was talking about before . We are pig banks for thai govermants .We cant own land we need to make visa if we want stay more longer then 30 days .. sorry but WTF Tim i was have a hope you will ask about Visas for Foreign Husbands . What nonsens is that .
I would like you to talk about retirement visas. And if you have any violations with any aspect of the rules required to obtain the visa. For instance, if you have a drug conviction, will that preclude from getting your visa? Or if you don't completely have, I think it is 800,000 baht to put in a thai bank, does that keep you from obtaining a visa? Thanks and I hope you address the subject.
True, not without a Thai partner whom has 51%, find a good, honest Thai citizen - I did and in my 15 years of owning both land and house- no problems.. And no Im not married to or have a Thai boyfriend or family.. My husband is Norwegian as me..
My wife wants me to help get a loan for farming land near our family home which is to be addressed in my name. To insure I don’t throw away my money in the future,what do you suggest?
The land cannot be registered in your name , in any circumstances. Don’t give any money to anyone before you have consulted a lawyer. And preferably an English- speaking one.
A condo must have 51% Thai ownership or more and then you can. You can lookup this online yourself, there is a wealth of info on the topic. Also you must prove that your funds have come from international bank to the amount of the condo and taxes. I have bought a few condos and I did not use a lawyer, I used the agent who was in charge of selling to get the papers from the bank and to deal with the land office.
@@ISYMFS863 Read the law. 51% owned or more by Thai and a maximum of 49% owned by foreigners. I should know I own 3 condos. Also when you go to the land office they will want to check this and you should have this paper which is available from the condo.
@@gordonduncan8892 I often wonder if foreigners pay significantly more than Thai nationals for residential condominiums throughout Thailand. If so, I don’t have a problem with the scheme since it is allowing more Thai nationals to enter the middle-class. But I wish that scheme or unspoken law (or whatever) was disclosed to foreign buyers. Thailand real estate industry will one day reach transparency for foreign buyers. For now, as another comment noted, renting your accommodation is the safest option for foreigners since the most you would lose is two months security deposit.
The bottom line is don't get caught when your committing the crime,In 1972 I smuggled drugs out of Vietnam to the USA,in 2002 I robbed a English lawyer in Phan out of 44,000 baht ,I threw his passport in a rice paddy,In 2007 ,I hit an run 2 people near Chiengrai and was drunk,I never thought any of these was a crime it was getting even or opportunity.
Not very informative 3 minutes in. not even very accurate! 7 minutes in and no real improvement. Discussing vague principles is not going to help foreign nationals in terms of what they need to do to protect themselves in a relationship nor how to set up their financial arrangements to prevent being treated unfairly.
That's the point of what he's saying is not fair. You're not going to protect yourself and except for certain cases like corporate investment or other special exceptions you're just out. Fact of life.
@@digitalmoonbooks LOL certainly not my life experience here in Thailand. Ive used the law to protect myself multiple times. No issues. The issues come when people leave their brains at the airport or in their underpants on the bedroom floor.
Ask Mr Hart about the cancer survivor he ripped off. I'd like to hear how a lawyer can justify taking $3500 from a man with cancer then telling him he wants double the money to finish the job.
@@packageism No, this is the first I've spoken about it as it just recently happened. I'm still quite in shock as I've followed his UA-cam channel for two years.
Let's ask Ben if foreigners can practice law in Thailand. Spoiler - THEY CANNOT! According to the Lawyers Act VE 2528 (AD 1985), section 35, being a Thai national is one of the required qualifications for registration and obtaining the licence to become a lawyer. Why don't you interview a REAL lawyer as there are many in Thailand with credentials that actually matter here. Just a thought 🤣🤣🤣 Foreign lawyers in Thailand are pretty much like foreign teachers in Thailand. They come here because they cannot get a good job in their own country for myriad reasons, all of which would cause any intelligent human being to steer clear of them.
@@somluck2813 Yes, But he cannot practice law in a Thai court. If you get Permanent Resident status in Thailand, you can enjoy the following benefits: You can get a Work Permit more easily You do not need to get a Thai Visa Extension every year You do not have to submit a 90-Day Report (although there is conflicting information in regards to the 90-Day Report, so you have to double-check this when you actually apply). You can buy property in Thailand without having the funds transferred from abroad You can get an Alien Registration Certificate If you have children in Thailand, your children will get Thai citizenship You can get house registration in the blue Thai House Book (Ta Bian Ban) You can become a director in a Thai public company You can apply to extend the stay or for permanent residence for you non-Thai family members You can apply for Thai Citizenship by naturalization after five years
I find it difficult to get my head around why foreigners would think that the legal system in other countries is the same as their system. Do they think the legal system in the PRC, Russia, Japan, Vietnam, Indonesia, Brazil, Mexico, Saudi Araba, France, Germany, Denmark, Norwayetc is the same as the US or UK system? It just seems absurd to me and I come from Australia. It seems to misconception filled with arrogance, hubris and white Western European colonialism.
I thinks it is strange you think anyone would think that. I assume all countries have developed different legal systems. Seems obvious. It means you need find out what the laws are and how those laws may affect you. Hence this Q&A
First of all, I don't think Thai do agreement like that, and if you sign anything with your spouse, hope she is/was a nice enough person to give you your fair share. 🥴
Thank you for watching and please check out all the morning headlines on Thailand News Update: ua-cam.com/video/9NhDx3UHQFw/v-deo.html
I’ve been involved in 2 motor vehicle accidents in Thailand, both not my fault and both had insurance. Best advice I can give is have insurance and just call the company as soon as you have an accident. The local assessor/agent will come and deal with everything and in a neutral manner. Both cases of mine went against the Thai’s so I can’t say I was treated as a 2nd class person
Agreed!!!
Same. Traffic Police said I was not at fault.
Dont even think about buying property in Thailand its not worth the hassle
Trying to navigate through legal loopholes for what ?
Rent is so cheap it makes no sense to buy if you want to buy property do it in your own Country
You will get a better rate of return and no headache
And you can move around whenever you feel like a change ;)
Could not agree with you more !
But being a renter really sucks after a while
@@packageism Why ? I you like your place , keep paying the rent and if the landlord don't want to fix what you need , so offer him/her you will do it and deduct the amount from next months rent. If you want improvements offer the same deal and I bet they will go for it. And otherwise move ! Simple !
You can't win against Asian countries in court period. Theirs laws only favor their country not foreigners. So please be at your best behavior in overseas.
Great story Tim. People need more of this.
quite nice how the lawyer explains the basics of marriage historically is grown on religious and social pressure
SO its pretty easy to get around this if you do not absolutely want to own land in Thailand
1 You do not marry as its been grown on bullshit and is senseless also emotionally not needed
2 You buy a condominium instead of a house and land
i ve seen quite a few guys in Thailand having lost all they had more or less to some chicks and I think thats really not needed
Happens same in western countries. Guys getting fleeced by women after a divorce. Any asset accumulated after marriage are split 50% after divorce in Thailand. This is Thai family law in a nutshell
Dont ever get involved with the thai legal system. As a foriegner you always come second to a thai. Even simple things like freehold dont mean the same in Thailand as the do in the west.
I have a scenario I would like to see addressed. I trust my wife explicitly and am more than happy to purchase a property in TH, fully knowing I will never own the land. What happens in the unlikely even, she passes before me. Can I sell that property and move back to my country. Or by the fact I do not own it does it mean I have absolutely no right over it. I would surely need that money to repatriate myself. Assuming without my Thai spouse I no longer have a legitimate reason to stay.
First one of this series I have watched. Excellent content explained clearly. Will definitely now catch up on the others.
Just understand as a farang in Thailand your always be a 2nd class citizen, I don’t care what your job is what visa you’ve got or even if you’ve got “Thai citizenship” you will always be a 2nd class citizen, I’m not ranting or saying this in a malicious way, I love Thailand and the majority of Thai people, but if you choose to live there you will just have to except it.
Hope everyone has a great day. Stay safe and be lucky.
Agree, lived/worked in Thailand there for 6 years and never felt accepted 85 percent of the time. 👍
I agree Foreigners should not own land in Thailand.
-- The locals would be priced out of all land.
-- Look at the "inflation" in Los Angeles during the early 1970s - 1980s
&& Vancouver during the Hong Kong exodus.
Excellent content. More please, Tim
This is so excellent thank you guys. This will be very helpful when I move to Thailand in a couple of years. The more information I have I think the more successful my life will be when I get over there
It would have most likely changed by then.
It isn't what you do but who you are.
Sadly the video did not really provide any actionable solution. Anyway, if I understand correctly:
1) In the USA, women are strongly incentivized marrying a man and immediately divorce (they even have courses about how to do that!) and steal *HALF* his money and property.
2) In Thailand, women are strongly incentivized marrying a "farang" and immediately divorce and steal *ALL* his money and property.
And then we constantly see blogs and videos asking: "where have all the good men gone"? LOL you either accept a *RENTED* condo with me or bug off!
Why don’t you go and join MGTOW cos that’s what you sound like. Men have courses on learning to be a pick up artist, so what, if I’m married to a Woman and we have kid’s together and for the sake of this argument she stays home and takes care of the kid’s while I go out and have a career, and then after 10-15-25yrs I decide to get myself a young girlfriend or that I don’t love my wife anymore, then yes she should get half she has been bringing up your children and possibly working too and doing the majority if not all the household chores. She has supported you and your career knowing she comes second, she should get half, it’s the same way if the woman earns more, you became a partnership. Seriously stop whining poor us Men we have it so bad. Such BS.
@@Sweetlyfe Yes, go to personal attacks, so you show that you either don't have an argument or you didn't even care to finish my post.
1) I am talking about *MARRIAGE* , not about being a chad who goes picking up easy girls to spend a night with. There are courses about how to setup a quick divorce to an husband and they are wildly advertised in certain "activist women" forums.
2) Where do you "get" that I am a MGTOW, they are totally against marriage too, while I am totally FOR it. But I want the laws to change and to make it a *FAIR* deal, where the man is not *ALWAYS* put on the chopping block and stripped off property *AND* - worst of all - children.
3) What I am really challenging is not even your precious US marriage laws, but Thailand laws, that manage to be even worse. Why should a guy *EVER* marry a Thai woman, if all he can get is to lose not half but the whole house, properties and even bank account?
Valuable information thanks Tim.
You should make this a regular program? Look at legal cases / problems farang have encountered, & the outcomes (fair or not)!
Yes no common or civil law in Thailand. It is up to the police officers discretion and then if it goes to court. It’s up to them a judge or panel of judges discretion. You are a guest in this country when you visit, and you don’t want to ever end up in a Thai jail or prison. Thank you Tim this was an excellent program👍
In Australia, police also have discretion not to take a matter further.
In fact, all public servants are paid use their judgement. They are not automatons simply following a set of rules in a robotic manner.
Also in Australia, one can just pay an infringement notice or chose to take the matter to court.
The solution to Thai land laws… is to put a large mortgage on the property and get your money “ out”… then no one wants because it’s heavily in debt.
As a foreigner you will not get a mortgage
Thanks, we have no rights but I still love the place Great video 👍
And yet i prefer living in Thailand over what the U.S. has become.
Very enlightening!
The only commodity anybody can truly own, is something that can be picked up and taken away, Countries where the "foreigners cannot buy our land" situation, should designate free holds as "open ended" leases,
It doesn't matter how wealthy any individual is, Thai or foreign, you can never truly own the said land, IT WILL ALWAYS BE THAILAND land. Governments need to get their heads around this, and allow foreigners to pay for land which they can live on indefinitely, if they so wish, after all governments in whichever country can get hold of it by compulsorily purchase if they need it
Domestic violence laws in Arizona and many other states are pre-loaded again men, especially husbands.
A wife can have an unwanted husband removed from the home without any evidence of wrongdoing by the husband. The wife can not only have the unwanted husband removed from the home, she can also obtain a temporary court order for “equalization of income”. This is in addition to having most of the bills and family debt assigned to the unwanted husband. An order of protection prohibits the husband from living in his own home. The wife will often file for divorce at the same time she filed for the order of protection.
It can be weeks if not months before the husband has his day in court.
However the damage has already been done. It is very unlikely that the husband will be able to return home and reverse the damage.
Even after the order of protection is dismissed, the dismissed charges is forever on his record and never can be expunged. It can make it difficult for the man to maintain or find new employment.
Love Ben Hart. He's a clear voice and the most logical.
Great shirt Tim
Great vid guys - thanks
--- From the US Embassy website.--
Tips to Avoid Arrest Overseas:
***Understand that you are subject to the local laws and regulations while visiting or living in the country - follow them.
-- If arrested abroad, a citizen must go through the foreign legal process for being charged or indicted, prosecuted, possibly convicted and sentenced, and for any appeals process.
Within this framework, U.S. consular officers provide a wide variety of services to U.S. citizens arrested abroad and their families.
Key word there is, AVOID ARREST OVERSEAS. 👍
Thailand has a law that foreigners cannot have legal title to land nor can foreigners have a have a greater than 50% economic interest in land.
Not difficult to understand.
If a Thai spouse of a foreigner (or a Thai) has title to the land then the land is legally held by the wife not withstanding the husband paid 100% of the cost for it.
Why did the husband pay for the land? Was the money a gift, a loan? Or something else?
Was it simply to attempt to circumvent the law that a 50% of greater economic ownership of land.
Was it simply 'putting the land in the wife's name' to attempt to get around the law, while maintaining a 100% economic interest in the land because the husband paid 100% of the cost of the land?
Apparently, under the common law system the husband could ask for land owned by the wife to be sold and the husband to get his money back.
So the courts in common law system would grant a person, in this case the foreigner, something that the statutory law specifically excludes (a 50% or greater economic ownership of land).
It would in effect have the courts facilitating the circumventing the law.
I find it difficult to believe that the common law courts would find such an outcome to be equitable.
The person (the foreigner) did not come to the court with clean hands.
Great episode!
Excellent video, very informative and interesting, thanks
Thank you very much for your news.👍🙏
Thank you. Very informative.
My wife ( Thai ) after the police threatened me ( UK )...not my fault as I was hit on my bike by a Thai...she got Lawyer within 1 hour and the police man disappeared
Why does he talk so much about other countries legal systems and subsequently takes so long to actually answer the question
Because he is a Lawyer, time is money (5555) If you have a problem in Thailand, get a Thai Lawyer, you might have a chance.
It does come across as "in my former country, company, government agency, department, state/province, organisation, family we did it this way"
Some people don't understand what is different with Thai law unless they are given detailed examples.
Good Video Tim, most foreigners think their countries laws apply.
Not really….we just wanted to be treated fairly, which will never happen.
@@firedude3337 Well many counties have strict laws like bringing drugs into Singapore ... it is Death does not matter where you come from.
@@RS-of1om Singapore is a common law country. Equity law will not save you from the death sentence in Singapore. Nor will your '1st amendment rights' allow you to say against the Singapore government. 😂
Cambodia-Thailand border gate resumes operation from today (01 May 2020) but health measures are strictly implemented.
For Thailand passengers, the number of those who are entering Thailand are (1) fully vaccinated passengers (2) non-vaccination passengers and (2) those who are people in border provinces holding border certificates.
Presentation of Thailand Pass, vaccination card, insurance card within 10 income circle. $1,000, RT-PCR test results, and licensing are followed by type of passenger, as summarized.”
-----------
Fully vaccinated need a health
insurance worth $120 (covers one month) plus registration in the Thai Pass and the extra future $15 visitor’s tax will be implemented in August 2022.
I have been advised that a Thai citizen upon their death can leave any of their property holdings to a foreigner. Major factor is that a foreigner can be entitled to property left to them by a Thai spouse and hold it BUT the foreigner can NOT sell that piece of property to anyone other than a Thai citizen. Is this generally correct?
Thai always has upper hand to start on every issue regardless what how unfair it is.
This is true, however when you make the decision to live in Thailand you should accept this as a part of living there.
In their own country this is exactly as it should be.
Very useful info thanks
GREAT GREAT GREAT Video !!
Another great show
Excellent video!
I live in Koh Samui on year 4, and has as a tourist traveled all over this beautiful country -and I only have positive encounters with the Thai Police. Maybe I have been lucky? No, not one problem since I first came here in 1999 and every year since. They Have been nothing but helpful... Just saying💯🤗
Interesting and informed.
Great stuff getting Ben in to speak, Tim.
Good overview of the Thai legal system. Perhaps tea money and "executive privilege" was an off the table or under topic not covered in this Law 101 series? Will there be an Episode II?
I've heard a lot of people talk about 'tea money' and have never seen any given nor received for any purpose in my six years in Thailand.
More videos like this, please.
precisely my experience with a minor bike accident on 2nd rd in pattay quite some years ago 2005 ..the cop came down from the box at pattaya klang sorted it out ...deemed me at fault ..asked if i would pay the repair of the young mans bike ..which i did ...I ended up paying 2500 baht to the boy and later got a CALL TO GO TO THE BOX PAID THE COP 400 . and we were done ...his 400 covered me in case the boy tried to come back and get more he the cop would then would deal with it I was covered i lived up to my end ...this all happened with my GF as translator ...so yep in todays baht id say 8-10000 baht involved
Equity is really leaving the US court system also. Judges more and more give little heed to fairness and unconscionable situations, especially since law have become crazier and more brutal in some locales,, such as so called three strikes laws.
Good data! Thanks.
thai law .....is purely driven by legalistic principals ? ..... i do think very much its mentionable that its also driven by cash
Beware of plastic bags.
No “equity” in Thailand… is like “intent” not existing under Cambodia law.
Another important assumption is that truth is a defense against libel/slander. Truth doesn't matter in TL. Even if you can give 100 witnesses that back up your claim, it doesn't matter.
Excellent.
Fair enough about land ownership but what about structures on the land?
Question: If someone is arrested in Thailand, how long can he/she be held in jail a part of the police "investigative function"? Is there a time table or can someone be held indefinitely without a lawyer if no charges are filed?
Depends on the crime. Pay the bail. My exp. Was under 8 hours ... Cause it was super late at night. 400 g of mj. 20k bail. And 2000 b fine. Then went back and got my bail money. If I didn't pay bail I would have been in prison for 4 months... Before I could pay my 2k fine.
Fun fact, Police will lie To steal all your money. They tried to tell me some crazy number and said they want 100k etc.. I played along .. but in the end insisted on processing . They were so sad when I didn't give them bribe money. I'll take 8 hours standing...in a disgusting jail cell over 100k any day.
I got to say I was caught drinking and driving in Thailand, and if I'm being honest completely plastered with the half empty patron bottle in my backpack and didn't hit the limit in AMERICA I would of been spending the night in jail at minimum. So I can't say anything bad about it lol
... well it's just a good thing you didn't say " hey sugar tits " to the officer, because I hear their jails aren't like Malibu Ca.
Thai police 100% target farangs. Take a cash fine and no reciept. Dead Set trap, car or bike.
Whilst that Carrie's on they themselves often don't wear helmets and commit other wrongdoings they fine people for. When fining farings a bunch of Thai school kids (sometimes four) can be seen on the same bike all without helmets despite no lisence, insurance, or passing a bike test due to age. This is ignored because they know there is no financial prophet which is a dreadful standard and a bad message all round that we all know about and often see especially in certain areas
@@johnnyautism Well it's also curious how you spotted this conversation without leaving you're name, have you been there yourself? If so you'd realise that normal everyday people are fine and it's a great place all round, more so by staying out of trouble and on the right side of the law as most do. Most countries have certain awkwardness's especially the UK where being a foreigner in your own country is writh, so getting away to a fun filled place is good now and again. So then, where do you go for your holidays and enjoyment please tell us now that you know a little about us and the location we like!
All depends where you are living, I’ve been stopped at road blocks driving a friends car, with out my passport or driving license, they asked a few questions I explained the best I could in thai whilst being patient and polite to them, they’ve smiled and just waved me on, it’s happened more than once, not all Thai police are on the take, some are decent people and very lenient, I’m sure I would of been dealt with heavily in any other foreign country under those circumstances.
Maybe in places like pattaya or Phuket I can see the police targeting foreigners, but most of the time they won’t have a license, helmet and are probably over the limit.
But since you are fluent in thai, married to a thai citizen, pay your taxes in Thailand, couldn't you apply to become a thai citizen?
typical lawyer - say alot, yet take as long as possible to answer the question.
Did Tim just fashion police the police???
What’s it you sign a 20 year land lease with your thai spouse and you split up. And get divorce. Are you protected that way?
How would that turn out?
I know.... that it's enforced correctly?
My wife is Thai and we are getting ready to buy a new home when i return to Thailand. If something should happen that our marriage ended, i am of the mindset she is the love of my life and i would gladly give her ownership of the home without any fight from me. I have an excellent retirement and could survive quite well. Also my wife is entitled to survivor benefits if i die so i would prefer to just separate so she would still be entitled to said benefits, which she would lose if we divorced. I want to make sure she never has to worry about money in her senior years.
Nice bro. You have a sister?
Who's this WE pale face ? . Sorry mate but you are one hell of a simp and hope you get better soon .
Please confirm what I have read.
There is no such thing as an enforceable contract between a husband and wife in Thailand.
The logic being that such an agreement can not be 'at arms length'. There is most likely some undue influence involved.
Thank you.
Can you own the house ? In the event of a divorce, can you strip down the house ? Or will you be denied access to the land ?
Do not do ! So easy !
That i was talking about before . We are pig banks for thai govermants .We cant own land we need to make visa if we want stay more longer then 30 days .. sorry but WTF
Tim i was have a hope you will ask about Visas for Foreign Husbands . What nonsens is that .
Do you have the right to remain silent like in the states during the investigation periods when your not arrested.
Hopefully I’m not in this situation but something to know
I would like you to talk about retirement visas. And if you have any violations with any aspect of the rules required to obtain the visa. For instance, if you have a drug conviction, will that preclude from getting your visa? Or if you don't completely have, I think it is 800,000 baht to put in a thai bank, does that keep you from obtaining a visa? Thanks and I hope you address the subject.
1:10 sorry did quite hear what he said with that second thing, did he say partner or apartment that it is his?
You CAN buy the house just NOT the dirt.
True, not without a Thai partner whom has 51%, find a good, honest Thai citizen - I did and in my 15 years of owning both land and house- no problems.. And no Im not married to or have a Thai boyfriend or family.. My husband is Norwegian as me..
And the fact they wear tight brown uniforms..... 😄
My wife wants me to help get a loan for farming land near our family home which is to be addressed in my name. To insure I don’t throw away my money in the future,what do you suggest?
The land cannot be registered in your name , in any circumstances. Don’t give any money to anyone before you have consulted a lawyer. And preferably an English- speaking one.
The guys on the ground in brown, sad to say then you're out of luck
Thailand is a smart country.
Can own a condo if over 50 % Thai occupancy
A condo must have 51% Thai ownership or more and then you can. You can lookup this online yourself, there is a wealth of info on the topic. Also you must prove that your funds have come from international bank to the amount of the condo and taxes. I have bought a few condos and I did not use a lawyer, I used the agent who was in charge of selling to get the papers from the bank and to deal with the land office.
@@gordonduncan8892 You're wrong though. Condos can be owned by foreigners. Land cannot be.
@@ISYMFS863 Read the law. 51% owned or more by Thai and a maximum of 49% owned by foreigners. I should know I own 3 condos. Also when you go to the land office they will want to check this and you should have this paper which is available from the condo.
@@ISYMFS863 whoever highlighted this comment from the Thaiger should be shot for misinformation.
@@gordonduncan8892 I often wonder if foreigners pay significantly more than Thai nationals for residential condominiums throughout Thailand. If so, I don’t have a problem with the scheme since it is allowing more Thai nationals to enter the middle-class. But I wish that scheme or unspoken law (or whatever) was disclosed to foreign buyers. Thailand real estate industry will one day reach transparency for foreign buyers. For now, as another comment noted, renting your accommodation is the safest option for foreigners since the most you would lose is two months security deposit.
If Thailand's legal system is based upon the French legal system , technically , you are guilty until proven innocent ???
Are matrimonial issues arbitrable in Thailand? What all matters can be dragged into arbitration courts?
The bottom line is don't get caught when your committing the crime,In 1972 I smuggled drugs out of Vietnam to the USA,in 2002 I robbed a English lawyer in Phan out of 44,000 baht ,I threw his passport in a rice paddy,In 2007 ,I hit an run 2 people near Chiengrai and was drunk,I never thought any of these was a crime it was getting even or opportunity.
Haha, "skin tight uniforms". I hear they have to fund it themselves too? You'd think they'd get the size right or buy non shrinking shirts ;)
Jungle Legal System. Buyer be ware.
Always ask the cop descretely how much.
American 'I have the right to bear arms'.
Yeah, but you're in England.
Their rules !
Not very informative 3 minutes in. not even very accurate! 7 minutes in and no real improvement. Discussing vague principles is not going to help foreign nationals in terms of what they need to do to protect themselves in a relationship nor how to set up their financial arrangements to prevent being treated unfairly.
That's the point of what he's saying is not fair. You're not going to protect yourself and except for certain cases like corporate investment or other special exceptions you're just out. Fact of life.
@@digitalmoonbooks LOL certainly not my life experience here in Thailand. Ive used the law to protect myself multiple times. No issues. The issues come when people leave their brains at the airport or in their underpants on the bedroom floor.
So DNA 🧬 testing is what we talked about?
I don't believe this lawyer is a Thai citizen pretty much impossible to get more likely a resident permit
Ben is a Thai citizen
Easy for Americans
Ask Mr Hart about the cancer survivor he ripped off. I'd like to hear how a lawyer can justify taking $3500 from a man with cancer then telling him he wants double the money to finish the job.
Is there a link on any forums about this? Eg Reddit? Would be interested to read it
@@packageism
No, this is the first I've spoken about it as it just recently happened. I'm still quite in shock as I've followed his UA-cam channel for two years.
This is what happens when you hangout in poverty county and marry people in poverty
It dog eat dog country
Ben is a blow-hard. Not surprised you have this to report at all. Sorry to hear of your misfortune.
Hmm. Sounds like there is "more to the story".
Uh Tim, you are a foreigner lol
Thai intrigues and voodoo's.
Let's ask Ben if foreigners can practice law in Thailand. Spoiler - THEY CANNOT! According to the Lawyers Act VE 2528 (AD 1985), section 35, being a Thai national is one of the required qualifications for registration and obtaining the licence to become a lawyer. Why don't you interview a REAL lawyer as there are many in Thailand with credentials that actually matter here. Just a thought 🤣🤣🤣 Foreign lawyers in Thailand are pretty much like foreign teachers in Thailand. They come here because they cannot get a good job in their own country for myriad reasons, all of which would cause any intelligent human being to steer clear of them.
A true Griffin thought
Well said.
Ben is a Thai citizen.
@@somluck2813 Yes, But he cannot practice law in a Thai court.
If you get Permanent Resident status in Thailand, you can enjoy the following benefits:
You can get a Work Permit more easily
You do not need to get a Thai Visa Extension every year
You do not have to submit a 90-Day Report (although there is conflicting information in regards to the 90-Day Report, so you have to double-check this when you actually apply).
You can buy property in Thailand without having the funds transferred from abroad
You can get an Alien Registration Certificate
If you have children in Thailand, your children will get Thai citizenship
You can get house registration in the blue Thai House Book (Ta Bian Ban)
You can become a director in a Thai public company
You can apply to extend the stay or for permanent residence for you non-Thai family members
You can apply for Thai Citizenship by naturalization after five years
Ben is a Thai citizen.
I find it difficult to get my head around why foreigners would think that the legal system in other countries is the same as their system.
Do they think the legal system in the PRC, Russia, Japan, Vietnam, Indonesia, Brazil, Mexico, Saudi Araba, France, Germany, Denmark, Norwayetc is the same as the US or UK system?
It just seems absurd to me and I come from Australia.
It seems to misconception filled with arrogance, hubris and white Western European colonialism.
I thinks it is strange you think anyone would think that. I assume all countries have developed different legal systems. Seems obvious. It means you need find out what the laws are and how those laws may affect you. Hence this Q&A
So foreigners better be careful in Thailand.
What’s it you sign a 20 year land lease with your thai spouse and you split up. And get divorce. Are you protected that way?
First of all, I don't think Thai do agreement like that, and if you sign anything with your spouse, hope she is/was a nice enough person to give you your fair share. 🥴