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19th June

Home Affairs

An article by Stickman (Essential reading)

It’s nice to have somewhere to call home.  For anyone who has settled in Thailand and is looking at staying long term, the thoughts of buying a place are inevitable.

What are the issues a Westerner needs to consider when contemplating the purchase of property in Thailand?

In the West one can assume certain characteristics in the property market over the long term.  Property prices increase, on average, around 10% a year.  Monthly rental is usually around 1% of the value of the property.  And so on.  The characteristics of the property market in Thailand appear to be less certain and from what I have observed, you can't count on out the aforementioned norms.

If you’ve read this column for very long you’ll know that I tend to err on the conservative side so it will come as no surprise that overall, my feeling is that for the average Westerner, buying in Thailand is not necessarily the best way to go...

Rent Is Cheap

Take the example of a good friend of mine.  He rents a 4 bedroom, 2 level house in Nonthaburi, less than 15 minutes drive from the expressway at Ngam Wong Wang, meaning that he can leave his place and be in central Bangkok (read: Sukhumvit / Siam Square / Silom) in not much more than half an hour.  Even at peak hour, it doesn't take much more than an hour to get from what is really the outskirts of the city into the city centre.  The monthly rental on his property is 8,000 baht and the landlord is asking 2,800,000 baht for the property.  At 8,000 baht a month, it would take almost 30 years to pay for the property, and that is assuming zero interest!  With no certainty of the value of the property moving at all, and all of the headaches of home ownership left with the property owner, he is probably better off continuing to rent.

Ownership Issues

As a foreigner, you cannot buy a house and have it in your own name.  It must be in the name of a Thai spouse, Thai friends or the Thai fellow who sleeps under the bridge, down the road.  There is the odd exception but generally, the property cannot be in your own name.  This is the red flag of all red flags.  If things go bad, then the property is gone and you have no claim to it.

In the case of a condominium, you can buy in your own name as a foreigner.  There are certain criteria which must be met such as which floor of the building the condo is on and the percentage of foreign ownership in that building, but yes, you can purchase a condo and have it in your own name.

The immigration laws in Thailand effectively mean that foreigners must renew their visa each year, every year - and this doesn't look set to change.  What happens if for whatever reason, your visa is not renewed?  Suddenly you have a property in a country which you cannot enter!  Very unlikely, but again, not beyond the realms of possibility.

Maintenance

In the case of a condominium, unless it is a particularly well managed building, there are no guarantees that the building will be looked after for at the same standard as it was when you first purchased it.  This seems to be the biggest complaint many farangs (read: the bunch who I know) who have purchased property in Thailand have.  The building is left to the dogs and the value of their condo drops accordingly.

The Market

There are no guarantees that the price of property will move in Thailand.  I know of many houses in the outskirts of Bangkok that sold in the 2 - 3 million baht range more than a decade ago and guess what, that is still their market value.  Having said that, properties in central Bangkok and anything close to the skytrain has soared in value over the last 2 years.

Another of the big issues with buying in Bangkok (or for that matter all of Thailand) is selling.  In the West, generally speaking, if you want to sell quickly, you can.  You just drop the price 10 - 15% and assuming no extraneous factors in the market, the property will likely move.  In Thailand, it is not quite like this.

There are definite perceptions amongst sectors of the Thai population about second hand places.  A lot of Thais simply don't want to buy second hand, period.  And the fact that a farang may have lived there is a negative perception to many Thais.  Yeah, really!  The superstitious nature of the locals also means that if one of any number of events happen, then suddenly your property is no longer somewhere they would buy.

And quite frankly, some of the prices that property in Bangkok is going for are outrageous, by Thai standards at least.  Yeah, you could argue that Bangkok is still cheap by international standards, but when you look at property prices compared with other things in Thailand, they seem a bit stilted.

 

19th June Divorce Thai Style

An article by Stickman (Essential reading)
See also Thai Laws on Marriage and Divorce

One can't help but wonder about the wisdom of getting married in the West.  With divorce rates in the likes of the US and UK at a touch over 50%, and the fact that the partner with the higher income and who brings more equity to the union, invariably the man, getting royally screwed in a divorce, then one really has to question the very wisdom of getting married.

We all know what happens in a divorce in the West, but just what are some of the issues involved in Thailand, specifically in a Thai / farang relationship.  Is it much the same here, or is it different?

Talking to a friend recently about a couple who are having problems and are separated with divorce imminent, he joked to me and said that if you have to get divorced then this is the place to do it.  His comments were completely justified.

There are several grounds for divorce in Thailand and some of them are a little different from what we are used to in the West.  Cursing your spouse's parents is grounds for her to execute a divorce!  Making your partner lose a serious amount of face is another and I think the term they use is something like a degradation of pride or dignity.  Just what may constitute this is a moot point, but in a country where face and image is everything, this could be wide ranging.  There are several other grounds on which divorce may be granted such as incarceration for more than a year and the inability to provide for your partner's naughty needs for a certain period of time, more than a year I think.

Where there is a major difference with the West in terms of grounds for divorce is adultery.  If she sleeps around then he has grounds to divorce her immediately.  However, if he sleeps around, it is not so clear.  If he sleeps with a woman away from the family home, then this is not adequate grounds for divorce!  (The ducks might get fed though!)  However, if he was caught in bed in the family home with someone else then it is altogether something different and she then has every right to divorce.

What is interesting is that a no fault divorce is not that easy to get signed off.  In the case of a no fault divorce, both parties have to go to the municipal office to sign off the divorce papers, though the staff there may well turn the request down.  Even if they do grant it, every effort will be made by them to counsel the couple and attempt to make them change their minds.

And when it comes to settlement, things are not all bad for the guy, except where a house or other property may be involved.  If there is a house involved and he bought it in her name (which is how must house purchases are made) and he did not take out a 30 year lease (a very good way to semi protect oneself), then he has no claim to it whatsoever.  Laws limiting foreigners from owing land kick in and it is essentially gone.  Well, the property is gone that is, though one could try and lay a claim for half of the house, the dwelling itself, which might get the presiding judge raising his / her eyes.  All assets purchased after the registration of the marriage are split 50 / 50 and all assets accrued before marriage stay with the party who bought it.

Now some countries do recognise marriages in Thailand and some don't.  So there are countries where a marriage registered in Thailand could be divorced in the West and those where such is not possible.  In countries which recognise marriage in Thailand, there is a much greater chance that the guy could lose his shirt.  If she can divorce you in the West, then you have reason to worry.  In my home city of Auckland, New Zealand, there is at least one Thai lawyer who specialises in helping Thai women who want to divorce from their local husband and get a favourable settlement.  From all accounts this guy is very well known amongst the Thai women there!  I have little doubt that there are other Thai lawyers in cities around the world where there is a sizeable Thai population.

Pre-nuptial agreements can be used in Thailand and they must be presented and attached to the marriage registration documents at the municipality office at the time of registration of the marriage.

For some guys the idea of a potentially expensive and time consuming divorce is a bit much to bear and they do a runner back to their own country.  Assuming she doesn't follow you, she can apply for divorce on the grounds of abandonment, for which she must wait for three years to lapse first.  This could be a long time for a Thai woman whose body clock is ticking.  If in her husband's absence she was to be a naughty girl with another bloke, notwithstanding that they are separated and him thousands of miles away, then she opens herself up to the possibility of not just being divorced by him, but being sued too!  Yep, if one party stuffs up in a marriage in Thailand, they open themselves up to being sued too.

One could say that it is awfully negative to consider these types of things when one gets married although I personally consider it prudent to do so and bordering on foolish to completely ignore.  Too many guys have been burnt for one to ignore things.  The bottom line though is that generally speaking, divorce in Thailand is a lot less painful for a Western man than it would back in his homeland.

* I am not a lawyer and fully acknowledge that there may be some mistakes of a legal nature here.  The material here is based on discussions with a Thai lawyer, and chatting with a friend who has "been through the system".  If you find yourself in a situation where divorce may be a reality, it goes without saying that you should get a lawyer!

 

19th June Mia Farangs

From The Telegraph

Poor Thai girls marrying foreigners were once stigmatised but not any more, reports Sebastien Berger in Ban Jaan

The paddy fields around Ban Jaan, in Thailand's impoverished north-east, are lush with green stalks of rice ready for harvest, yet the real secret to the village's wealth is contained within its houses.

It is the women of Ban Jaan and their foreign husbands who have paid for the new high-ceiling villas and bought the gleaming four-wheel-drive vehicles to rest alongside the humble wood-panelled homes more typical of the region.

The 449 families of the village can count around 100 foreign sons-in-law between them, the vast majority Swiss, with a scattering of Britons and Scandinavians. Virtually none of the foreigners lives in Ban Jaan, instead taking their wives to Europe.

The next generation is keen to follow in its elder sisters' footsteps. At Ban Jaan school yesterday more than half the girls in Year 9 raised their hands when asked if they wanted to marry a foreigner.

Foreigners love children and they care about Thai culture and traditions, said Wipaporn, 14, whose cousin has married a Briton, adding that she wants to build a big house for her mother and grandmother.

Where the mixed marriages are kindled has long been a sensitive subject, and Wipaporn said she had "no idea" how she might meet a "farang" - a foreigner.

Ban Jaan's Swiss relations have their origins with a local girl who moved to Switzerland in 1982, while the others stem from meetings in what are known as "places of entertainment".

North-eastern Thailand, known as Isaan, is the country's rice-basket but also the poorest region, with average income only a tenth that of Bangkok. Its girls provide most of the human capital for the capital's sex trade.

A certain stigma has always been attached to poor Thai girls marrying foreigners, but now Nopporn Jantarathong, the governor of Roi Et, the province which contains Ban Jaan, has decided to recognise their economic potential.

According to a survey by Thailand's national economic and social development board, there are 15,000 foreigners' wives, known as "mia farangs", in the north-east, who bring in tens of millions of pounds in foreign currency every year.

The governor is recruiting the brides as "ambassadors" to promote tourism and trade. All the 679 mixed couples from the province are to receive certificates of welcome, and membership of his United International Housewives' Association.

Those living overseas are being issued with promotional materials from home and asked to talk up the province's products and encourage visitors.

Nopporn said: Before the women were not being honoured by Thai society, because when they went out with foreigners, for the Thai people, it was a kind of shame. But first there is money for the family, and then there is money for the community. This is a benefit for the villages, not a loss.

He had no qualms about where the couples might have met. I will not look at the past of the woman he said. For women, the financial security provided by far wealthier foreign husbands is a major, but not the only, motivation.

Most of the "mia farang" had been married before and cited the "bad habits" of Thai men - principally adultery and drinking - as reasons to wed outsiders.

Farangs live with only one lady. Not butterfly, said Wilawan Kuyper, 36, who held off marriage until meeting her Dutch husband Hans, 50, three years ago.

The couple met in Hong Kong, where both were working, and have now opened a restaurant, Elephant Milk, in Mrs Kuyper's village of Mahasarakhan, in Roi Et. The restaurant employs several of Mrs Kuyper's family.

If you are a European guy and you marry a woman in Asia there is always an expectation that you will help the family, said Mr Kuyper, pointing out that ties and obligations spread further and deeper than in Western societies with their emphasis on the nuclear family. But if it's just about sex and money it won't last.

 

9th June Married to a Thai Visa

From the Phuket Gazette spotted on ThaiVisa.com

A Phuket Immigration official has confirmed that new financial requirements for one-year extensions to stay in Thailand on the basis of being married to a Thai or being the legal guardian of a Thai child will apply to both first-time applications and to renewals.

Pol Capt Krissarat Nuesen, the Deputy of Inspector of Phuket Provincial Immigration Office (PPIO), told the Gazette, The current minimum requirement is proof of 200,000 baht deposited in a Thai bank account or an income of 20,000 baht a month. That will double on July 10 to either 400,000 baht in an account or an income of 40,000 baht a month for a one-year ‘marriage’ or ‘guardianship’ extension.

He stressed that applicants may not “mix” the two systems – applications must be made either on the basis of bank deposits or on the basis of income.

The new thresholds were announced in September last year but there has been some confusion about whether existing extension-holders would be allowed to apply using the old financial requirements, as has been the case with those living for many years in Thailand on retirement visa extensions.

Capt Krissarat was crystal-clear, however, on this point. This applies not only to first-time applicants but also to renewals. People who previously had to show 200,000 baht in a bank account, however long they have been here, will have to increase the amount to 400,000 baht. This will apply to all applications submitted on or after July 10.

He explained the reasons behind the increase: Other government departments complained that Immigration was making it too easy for foreigners to stay in Thailand long-term. I don’t think that the higher thresholds will result in a decrease in the hundreds of people living in Phuket on this status. It’s a fair and transparent system. We found many people were trying to stay in Thailand on small amounts of money, or with suspect sources of funds.

He added that all documentation will be checked carefully because we found some people had persuaded friends to transfer funds into their accounts temporarily so that they appeared to have the required amount to qualify. Then, three days later, the money would disappear again from the account. We don’t want this to happen. Applicants will find the process goes more smoothly if they can supply documents [such as pension records] showing us where their money comes from. I don’t think it will be difficult for innocent people, who have legitimate and sufficient sources of income, to meet the new requirements.

But, he warned, If people show us only details of their bank account in Thailand, we are more likely to check carefully with the bank and interview them in much greater depth. In the case of renewals, we will check the documents against those from the previous extension applications. He reminded holders of one-year extensions that they should apply one month before the expiry date of their existing visas or extensions, and that all those holding extensions must report to Immigration every 90 days.

From June 1, he added, those who do not report on time will be fined. Receipts showing that fines have been paid must be included among the documents submitted with applications for one-year extensions.

Asked how long funds must remain in a bank account before or after application, he replied, We cannot tell people how long they must leave money in their account. But we believe that if they can afford to live here, then keeping 400,000 baht in an account should not be a problem.

He concluded, We are just doing our job, keeping the country safe from the bad foreigners. That’s why we have had to introduce this new requirement, to ward off problems created by such people.


Thai Life

 Marriage: Murderous Wives Bar girl and the expat: a killing foretold
 Health: Cancerous Joss Sticks Beware of health hazard in Thai temples (3rd August)
 Working: Working it Out Work Permit changes being implemented
 Banking: Siam Commercial Atm Milking Even Thai banks have started treating farangs like a walking ATM (15th July)
 Banking: Would you Credit it? Rules for farangs to get Thai credit cards (3rd July)
 Driving: Don't Text and Drive Mobile phone use whilst driving now illegal (8th May)
 Marriage: Farangs seek the warmth of large Thai Families: Bollox conclusion from survey (27th April)
 Crime: With so many Britons murdered in Thailand Why does our Government not warn of the dangers? (13th Jan)
 Travel: Airlines on Thai Time Compensation now due for severely delayed or cancelled flights  (6th Jan)
 Visas: Retirement Requirement More proof of income required for visa extension (30th Dec)
 TV: Truely Bollox Work permit required to subscribe to True telephone, TV or internet (18th Nov)
 

 Background: Thai National Anthem An illuminating translation (Aug 2007)
 Background: The Wai To wai or not to wai...that is the question (March 2007)
 Background: Gestures Just a Matter of Interpretation (Feb 2006)
 Background: Rent Not Buy Mixed Blessings of being hitched with a Thai (Feb 2006)
 Background: Red Tape Hard lessons in expat paradise (Dec 2006)
 Background: Thai Whiskey How tax keeps Thailand tipsy (Feb 2006)
 Background: Living Up Country Stickman doesn't recommend the 'Real Thailand' life (14th Dec 2005)
 Background: The Morning After Ever woken up with LT girl only to wish you had gone ST (Nov 2005)
 Background: When Last Orders may Really be Your Last Be wary of late night violence (Aug 2005)
 Background: Use of the Word Farang ie Westerner (July 2005)
 Background: The Bangkok Hilton Life on death row (June 2005)
 Background: Opting out of the Thai Family Pension Scheme (May 2005)
 Background: Foreigner in your own House Farangs have names you know! (March 2005)
 Background: Mia Farangs Thai wives and the Thai economy (June 2004)
 Background: Why Wai? when it is better not to (Jan 2003)
 Background: Losing Face Stickman explains (Jan 2003)
 Background: Foreigner Prices Dual pricing (Sep 2003)
 Banking: Money Transfers to Thailand 30% held by bank for 1 year (Dec 2006)
 Banking: Mortgages More on Bangkok Bank mortgages to foreigners (Aug 2005)
 Banking: Farang Friendly Banks Which banks will open a foreigner an account (July 2005)
 Books: Book Reviews About the Thai Life
 Buying a Bar: Renovate Your Ideas Successful Bar Ownership (March 2007) 
 Buying a Bar: Business GoGo Going Gone Why do people want get into the GoGo business (Feb 2005)
 Buying a Bar: A Bar in a Million Will people come to yours? (Nov 2005)
 Buying Property: Discouraging Property Purchase Via Company Sleeping partners to be checked for tax (May 2006)
 Buying Property: Home Affairs Buying property in Thailand (June 2004)
 Crime: Guns in Thailand Thailand near the top of the league in gun murder (Dec 2006)
 Driving: Tea Junction Identifying hot spots for illegal traffic police 'tolls' (Feb 2006)
 Environment: Tap Water is Clearly Green Whereas bottled water is clearly not green (July 2007) 
 Health: Don't Let your Typhoid Jabs Lapse Food hygiene is not good in Thailand ( Nov 2005)
 Health: Rabies First aid after an animal bite (May 2005)
 Law: Work Permit Law Official Memo (Jan 2007)
 Law: Sex Toys Illegal to sell in Thailand but tolerated by Customs (July 2005)
 Law: Young Adults Should Avoid Thai Holidays Drinking age is 20 ( July 2005)
 Law: Farang Volunteer Tourist Police Their role in kill joy operations (June 2005)
 Law: Divorce Thai Style essential reading by Stickman (June 2004)
 Law: Age Related sex & marriage (Sept 2003)
 Marriage: Married to Isaan How Issan ladies meet their husband (Dec 2006)
 Marriage: Pizza vs Somtam How Thai life adapts to accommodate farang husbands (Nov 2006)
 Marriage: A Good Little Earner Farang/Thai marriages a hot in Isaan (Aug 2006)
 Marriage: The Ultimate Mother In-Law Joke Paying the bride price (March 2003)
 Motoring: Drink Drive Limits in Thailand (April 2006)
 Motoring: Traffic Carnage High toll amongst motor cyclists (Feb 2005)
 Politics: What's Up Down South Summary of the unrest in South Thailand (2Oct 2005)
 Politics: Who Runs Thai TV? Ex Prime Minister Thaksin, the army and Thai Rak Thai (Nov 2005)
 Tax: Tax Allowances to Raise (6th Aug)
 Travel: Visa Fees Visas for Thailand more expensive (July 2007) 
 Travel: Hotline for Work Permit, Visa Queries Thai Immigration service (June 2006)
 Travel: Passports Last 6 Months Longer Change of immigration rules (May 2006)
 Travel: One Way Tickets and travelling to Thailand without a visa (April 2006)
 Travel: Tourist Police Overstay their Welcome Overstayers 5 day ordeal (Feb 2006)
 Travel: Surviving Homeland Customs Tips to minimise hassle on your return home (21st Dec 2005)
 Travel: Mug Shots for the Surveillance State New specification for UK passport photos (Aug 2005)
 Travel: Border Hassle Beggars Belief Beware of thieving Cambodian children (Aug 2005)
 Travel: UK Immigration are Coughing Blood Long stay UK visitors need pre-travel TB test (July 2005)
 Travel: Beware of Barcodes in suitcases and parcels to the UK (Nov 2005)
 Travel: A Customary Warning An unpleasant welcome to Thailand (Oct 2006)
 TV: Pattaya's Sophon Cable TV Line Up How does Sophon compare to satellite (July 2005)
 Working: Extending Non-Immigrant-B Visas More hoops to work in Thailand (May  2007) 
 Working: Prohibited Occupations for Farangs (Oct 2006)


Diary

 Diary: Public Holidays
 Diary: Sex Drugs and Nanny-State Politics Dry election days in Thailand's bars (11th Aug)
 Diary: A Return to Civility Enjoying Songkran (19th April)
 Diary: Civility or Civil War Celebrating Songkran (8th April)

Scams

 Maid Made off with the Valuables Maid drugged the food and stole the valuables (25th Aug)
 Barcode Reader Failure Check the prices in a convenience store (18th Aug)
 Hanging the Pumps Beware when you fill up your car (29th June)
 Beach Road Surveys Fronting for timeshare salesmen (18th Jan)
 Jet Ski Scam Money extorted for trivial or non-existent damage (23rd Dec)
 Distractions and Pickpockets on Baht Buses (10th Oct)
 Fake ATM Keypads False plates covering keypad and card slot allow card cloning (21st Sep)
 Credit Card Rip Off Don't sign credit card bills showing farang currency (May 2007)
 Data Loss Surreptitious copy made of hard drive of PC in for repair (Dec 2006)
 Memory Loss after computer repair (Nov 2006)
 Good Gold for Bad Just hold on to my fake gold whilst I hold onto your good gold (Sep 2006)
 Bars Facing the Music Fake licensing police (Aug 2006)
 Hands Off Beware of outstretched hands, they may well be pickpockets (Aug 2006) 
 The Suite Smell of Scam 'Only suites' available in half empty hotels (July 2006)
 Street Urchins: Flower Sellers and Pickpockets (June 2006)
 The Thai Wife Scam but hopefully rarely as extreme as this case (May 2006)
 Motor Cycle Rentals and the 'stolen' bike (April 2006)
 Beer Bar Hawkers & Pick Pockets (April 2006)
 Keyboard Loggers at Internet Cafes Beware your bank login may be recorded (March 2006)
 A McShortChange & Fries Please Check your change (Feb 2006)
 Lost in the Post Before it Leaves the Post Office Beware of deferred stamps (Dec 2005)
 Beauty Sleep Kiss a ladyboy and wake up robbed (Nov 2005)
 Hand Wash Towels Given Freely are not Always Free (Nov 2005)
 Tooth Whitening Turns Victim Red in The Beauty House, 2nd Road (July 2005)
 Mobile Registration Fees Registering a Pay as You Go SIM is free (July 2005)
 Patpong Upstairs Bar Scams Beware of outrageous charges (June 2005)
 Kenda Rubber Scam Don't let your relatives get screwed (March 2005)
 Beware of the Thai Gem Scam (March 2005)

Speak Thai

 A Thai Primer an introduction to speaking Thai (10th August 2007)
 Months in Thai (15th May 2007)
 Not Enough Hours in the Day to Learn Thai (July 2006)
 Learn Online Suggested websites (March 2006)
 Sex & Slanging A few useful words and phrases (Jan 2006)
 Learn to Speak Thai in 1 Easy Lesson...and then ten years of summer school (Oct 2005)
 Use of the Word Farang ie Westerner (July 2005)

Pattaya Information

 Pattaya Phone Book Emergency Numbers & Hospitals (Dec 2005)
 Farang Radio PCNFM 105 radio station specifically for farangs (Aug 2007)
 Pattaya Transport (Jan 2007)
 On Google Earth jj's Pattaya place markers (Sep 2006)
 Pattaya Movies and Times Select Pattaya for cinemas at Big C & Royal Garden Plaza
 Pattaya Sophon Cable TV Listings

Pattaya Articles

 Good guys go to heaven, bad journalists go to Pattaya (Dec 2007)
 An Irish View Seedy Sex Resort Home to Hundreds of Irish (Dec 2006)
 The People's Paradise Tabloid town with broadsheet aspiration (August 2005)
 Costa del Pattaya British criminals said to settle in Pattaya (April 2005)

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