Thai Woman Sue’s Husband for Ending Marriage after Lottery Win
A Thai woman is suing the father of her son after he attempted to break up their common law marriage a few weeks after winning almost a million dollars in a lottery.
You’ve got to be in it to win it! Image Credit: Iain Watson (Flickr)
As India Times reports, Saowanee Thongwiset is requesting 10 million baht ($286,000) to raise and educate their son, according to her attorney.
The couple cashed in the winnings together into his bank account, before he sent her a text message saying “let’s break up.” He deposited $20,000 into her bank account before leaving.
In addition to seeking a share of the winnings, Saowanee has also gone to the Juvenile and Family Court to register their baby as his lawful son.
Attorneys specializing in Thailand divorce cases know that pursuant to section 1474(3) of the Family Code, prizes awarded during marriage may be considered to be community property.
However, “gifts” to an individual spouse, are separate property of that spouse pursuant to section ‘Property of Husband and Wife’ section 1471(3). Nevertheless, given that their marriage was never fully registered means that normal divorce law does not apply as common law marriages are not recognized in Thailand. Therefore property received by a “spouse” in an unrecognized marriage would normally be the separate property of that spouse.
On the other hand, if the “wife” contributed funds to the lottery ticket purchase, then the “wife” might then have a contractual claim for having a right to the proceed pursuant to a joint venture (in purchasing the ticket).
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