Land Ownership Thai Wife

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Ant2
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Land Ownership Thai Wife

Post by Ant2 » September 29, 2014, 9:55 am

I do not think that for one moment my wife has got this right, but the land she owned before we got married she said that if she goes to change her name to her married name on the title deeds she will not be allowed to own it, or to put it another way no Thai women can own land if she is married to a westerner!!!!
Any comments from all you married men with T/W & land in tow before we make a visit to the Land Office.



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FrazeeDK
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Post by FrazeeDK » September 29, 2014, 10:30 am

No, there will be no problem..

14 or 15 years ago she would have been correct. The law was changed after the 1998 recession when the Thai government actually sent out teams to their embassies in Europe to spread the word that Thai women married to Farang could now own land..

I don't know what additional issues might be involved with a Chanote name change but for land purchses, Thai women married to Farang must have their Farang husband present with passport in hand.. On the back of the land sale document (not the Chanote) will be a statement in Thai and Enlgish that the Farang husband must acknowledge by signing.. It basically says, "this land was not bought with my money and I understand per Thai land ownership laws that I have no ownership of this land." Rough paraphrase but essentially that is it.. This is exactly what I had to do when the wife bought two different parcels of land several years ago..
Dave

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samuel
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Land Ownership Thai Wife

Post by samuel » September 29, 2014, 11:28 am

sorry for making it a little bit more complicated:

a) land ownership after "name change" (due to marriage with a farang)?
b) land ownership after getting "dual nationality" (due to marriage with a farang)?

any facts available?

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maaka
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Land Ownership Thai Wife

Post by maaka » September 29, 2014, 1:45 pm

what Class of land is it.??? Tor Bor, Nor Sam Sor, Chanote ????

Ant2
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Land Ownership Thai Wife

Post by Ant2 » September 29, 2014, 2:34 pm

The land is full Chanote, bought in her maiden name 3 years before we married, just 3 Rai, will be going back to the UK soon & suddenly realised the land is still in her maiden name & of course her passport & ID card in in her married name,
so just came to mind to change before we go & this question arose, can she change her name on the title deed with out any problems.
Thanks for your replies so far.

Ant2
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Land Ownership Thai Wife

Post by Ant2 » September 30, 2014, 8:56 am

Hi Guys. Anymore comments, would like a couple more. Thank You

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maaka
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Land Ownership Thai Wife

Post by maaka » September 30, 2014, 9:08 am

if you google ' Falangs wife owning land ' you will see at the top of the page an Udonmap discussion back in 2010 we had on this issue..might help..

some guys say no problem, some say leave it in wife maiden name etc etc..

you could also google Thai Land law, or thai property law, and look for the revelant thai law in regards land ownership..

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maaka
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Land Ownership Thai Wife

Post by maaka » September 30, 2014, 9:18 am

this was on the same google page as above /below, from the Pattaya Times 2013.

With regard to land, – your wife can own the land under the condition that you and your wife make a joint declaration to the Land Office upon registration of the ownership of land that the money spent for the purchase of the land coming from the pocket of your wife only, and that the land purchased accordingly will be her private property, whereby you may not share it. In case of separation, you may have your golf bag. However, some wise foreign husbands may prove that in fact it was his money, by showing the financial remittance slips from aboard which is always the case. In case of separation, the foreign husband will deem that the joint declaration jointly with the Land Office is the marital agreement during the marriage which can be terminated by either spouse. The foreign husband may petition to the court to dispose of the land by public auction whereby he will share 50% of the proceeds. However, there is no precedence of the Supreme Court. But beware, the wife and foreign husband may then be prosecuted for providing fake information to the Land Department officers. This can be comparable to a “suicide attack”; – for your own safety, you should consult with a Thai lawyer, in relation to all of these complex matters, which we have mentioned above.

A house or building is legally separated from land, which can be jointly owned by the foreign husband and his wife. They will also be jointly responsible for all debts incurred during marriage, involving their marital lives.

A common law wife and husband may also share the property they jointly own as a life partner; – for example, if “Papa John” cohabits with his Thai lady, without a legal marriage, – (e.g. they may open a restaurant together). Possibly, “Papa John” makes a financial contribution, whereas his sweetheart make only a labor contribution, but all licenses and permits are in the name of his sweetheart. Their relationship is deemed as a partnership under Thai laws, whereby they can go “Dutch” for all that they jointly earn. If “Papa John” does not have a work permit, he may act only investor, but be warned, never even serve even a glass of water to a customer.

glalt
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Post by glalt » September 30, 2014, 10:12 am

My wife took my name when we were married. One of the first things she did was to go to the land office to put the house in both our names. She came home angry. I could have told her that she couldn't do that. Anyways, she did change the chanote to her married name with no problems.

She has bought a number of properties since and each time I had to sign a document stating that I had no financial interest in the property. The government really doesn't care where the money came from as long as you sign the document that says you have no financial interest in the property. You can gift as much money as you like to your wife.

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Khun Paul
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Post by Khun Paul » September 30, 2014, 11:30 am

The quick answer is through the setting up of a business and although some may say you are then restricted by uise of a Thai on the business papers, you can judiciously ensure you will always have the power over anything and everyone connected with your business. I appreciate it is harder now that before but it can still be achieved . You must always remember to get all records audited every year and pay the taxes as due if any, then you will be considered agood business and all that goes with it, of course when you sell it is the business selling not you therefore all monies go to the business ( ie yourself ). This takes time and gentle manoeuvring to get to this situation.

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