Khmer - Foreign couple - assets after break up

Kammekor · Post by **Kammekor** » Thu Feb 23, 2023 9:14 am

A Khmer girl and a foreign Western man have been together for a few years. During that time the girl bought land, put to plots together (one pre-relation owned), and built a house on the land. He funded it all, except for the initial first plot. Then they broke up. Girl and guy have never been legally married, no contracts have been made during the buying / building process. All he has is bank statements stating he withdrew money, and some receipts for building materials.
Initially the name of the man was on the (soft) land title. As a courtesy the village chief was willing to do so after some financial compensation. Then the hard titles were introduced and the fun was over, all there's on the hard title is her name. She's the sole legal owner of the land as per the hard title.

Foreigner is pissed off after their brake up. He wants 50% of his money back and considers going to court.

What do you think his odds are the court will rule in his favor?

Anyone has experience with this kind of stuff personally?

cautious colin · Post by **cautious colin** » Thu Feb 23, 2023 9:27 am

Kammekor wrote: ↑Thu Feb 23, 2023 9:14 am She's the sole legal owner of the land as per the hard title.

Haven't personally been through this but I think that's the most important statement.

If there was a contract between the two of them there would be a little more chance (not legally binding)

Sounds like in this case there is no hope, just the goodwill of the Khmer girl to pay some back if she feels like it.

orichá · Post by **orichá** » Thu Feb 23, 2023 9:34 am

Good luck. I heard a very similar tale from a Khmer colleague in Sihanoukville a few years ago. He worked as a part-time translator in the provincial court.

... Long story short: an elderly Nordic gent had bought a home and truck in his wife's name. Not sure if they were formally married or not. Anyway, after a break up, the woman immediately began trying to sell the property in her name.

Acting very fast, the man hired a lawyer who sought a court injunction on the sale of the property, and then he sued her more or less to stop or share in the sale. When the judge reviewed the injunction in court, he said there wasn't much he could do since all the property was registered legally in the lady's name despite his proofs of original purchase, etc.
However, the lawyer or the judge suggested a compromise solution. He asked the lady to share 50% of the money she got with her elderly ex. She agreed.

Note: the only way your friend can hope to get monies from any sale is by acting fast to hire a good lawyer to place a temporary injunction on the girlfriend's action to sell the property. Then, appeal in court for some shared settlement.

If he fails to act immediately, of course, she can sell out and keep all proceeds. After any sale, your friend will not have much recourse available to him through the legal system. I suppose he could try to sue for part or all of his monies, but there is no obligation or precedent at all for him to win a penny after any sale has been completed, even if he has proofs that he spent his own money to buy the property.

But in court, anything is possible. Maybe it depends on which one of the former couple would be willing to pay the judge more or less courtesy $.

Good luck.

newkidontheblock · Post by **newkidontheblock** » Thu Feb 23, 2023 9:38 am

Even courts in America wouldn’t touch it.

Only marriage allows asset separation.

Unless the man had the bills made out to him and receipt of payment made out in his name, there is no proof.

Foreigner can’t own land in Cambodia. Foreigners can’t own houses in Cambodia. Return on investment is zero.

I truly wished him the best of luck.

Kammekor · Post by **Kammekor** » Thu Feb 23, 2023 9:48 am

orichá wrote: ↑Thu Feb 23, 2023 9:34 am Good luck. I heard a very similar tale from a Khmer colleague in Sihanoukville a few years ago. He worked as a part-time translator in the provincial court.

... Long story short: an elderly Nordic gent had bought a home and truck in his wife's name. Not sure if they were formally married or not. Anyway, after a break up, the woman immediately began trying to sell the property in her name.

Acting very fast, the man hired a lawyer who sought a court injunction on the sale of the property, and then he sued her more or less to stop or share in the sale. When the judge reviewed the injunction in court, he said there wasn't much he could do since all the property was registered legally in the lady's name despite his proofs of original purchase, etc.
However, the lawyer or the judge suggested a compromise solution. He asked the lady to share 50% of the money she got with her elderly ex. She agreed.

Note: the only way your friend can hope to get monies from any sale is by acting fast to hire a good lawyer to place a temporary injunction on the girlfriend's action to sell the property. Then, appeal in court for some shared settlement.

If he fails to act immediately, of course, she can sell out and keep all proceeds. After any sale, your friend will not have much recourse available to him through the legal system. I suppose he could try to sue for part or all of his monies, but there is no obligation or precedent at all for him to win a penny after any sale has been completed, even if he has proofs that he spent his own money to buy the property.

But in court, anything is possible. Maybe it depends on which one of the former couple would be willing to pay the judge more or less courtesy $.

Good luck.

The property is not up for sale. It's in a small village in bumfuck nowhere 40 km from PP or so. Selling it will be hard I guess, and selling for the full value will be even harder. The place is way too fancy for the village IMHO.

They broke up a few months ago, so speedy action is no option.

She has allowed him to use the property occasionally so far, also after their break up, but she recently started putting restrictions on the use.

Bluenose · Post by **Bluenose** » Thu Feb 23, 2023 10:17 am

When you fund something like this as a Western guy you should consider the money lost for good as soon as you hand it over. The only seemingly realistic option is an arrangement where (with a good lawyer involved) the funding is provisional on the signing of a long-term lease of the land from her to him with an expensive buyout clause (and preferably a peppercorn rent).

armchairlawyer · Post by **armchairlawyer** » Thu Feb 23, 2023 10:33 am

Barang are getting more ambitious. Instead of worrying that their ex can get money from them in a court case, they are actually starting to think they can get money from ther ex! Have to admire their chutzpah.

More seriously, how much did he pay? His only chance is to base his claim on contract. That would be difficult and require a lot of fees to be paid to lawyers etc. - and he still may lose. I'd say if he paid anything less than $50k then it's pointless thinking about it.

Kammekor · Post by **Kammekor** » Thu Feb 23, 2023 10:36 am

armchairlawyer wrote: ↑Thu Feb 23, 2023 10:33 am Barang are getting more ambitious. Instead of worrying that their ex can get money from them in a court case, they are actually starting to think they can get money from ther ex! Have to admire their chutzpah.

More seriously, how much did he pay? His only chance is to base his claim on contract. That would be difficult and require a lot of fees to be paid to lawyers etc. - and he still may lose. I'd say if he paid anything less than $50k then it's pointless thinking about it.

We're talking about 80-100k.

PSD-Kiwi · Post by **PSD-Kiwi** » Thu Feb 23, 2023 10:43 am

He is legally entitled to nothing as per the Law on Marriage and Family, because they are not legally married in Cambodia.

If they were legally married in Cambodia, any assets purchased since the marriage was registered would be split equally, including property, of which his name would have been included on the hard title (which in this blokes case it isn't because they weren't legally married in Cambodia).

Your friend is unfortunately going to have to cut his losses, a hard lesson learnt.

armchairlawyer · Post by **armchairlawyer** » Thu Feb 23, 2023 10:49 am

Kammekor wrote: ↑Thu Feb 23, 2023 10:36 am
armchairlawyer wrote: ↑Thu Feb 23, 2023 10:33 am Barang are getting more ambitious. Instead of worrying that their ex can get money from them in a court case, they are actually starting to think they can get money from ther ex! Have to admire their chutzpah.

More seriously, how much did he pay? His only chance is to base his claim on contract. That would be difficult and require a lot of fees to be paid to lawyers etc. - and he still may lose. I'd say if he paid anything less than $50k then it's pointless thinking about it.
We're talking about 80-100k.

That house must be quite something!

Certainly worth going to a good lawyer for an opinion. Not one who would exploit the situation.

A one hour consult would cost about $250. It's not a complicated case so one hour should do it.

Khmer - Foreign couple - assets after break up

Khmer - Foreign couple - assets after break up

Re: Khmer - Foreign couple - assets after break up

Re: Khmer - Foreign couple - assets after break up

Re: Khmer - Foreign couple - assets after break up

Re: Khmer - Foreign couple - assets after break up

Re: Khmer - Foreign couple - assets after break up

Re: Khmer - Foreign couple - assets after break up

Re: Khmer - Foreign couple - assets after break up

Re: Khmer - Foreign couple - assets after break up

Re: Khmer - Foreign couple - assets after break up

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