Tabien Baan And House Ownership

[ellisg]

Good evening all

I have searched the forum for an answer to my questions before posting this. My apologies if they have been answered elsewhere.

My wife owns some land in Bangkok (she holds the title) on which she built a house for her mother and brother to stay in.

When registering the tabien she thought it prudent to put her brother's name at the top as we live overseas and something may arise where he needed to be in charge for convenience sake e.g. to get an id card. Her mother's name and then hers follow on the tabien.

I now understand that the person on the top of the document is not only "in-charge" of the household but also technically and legally "owns" the house even though she can prove it was built using her funds.

So my questions are:

1. Can her brother now legally borrow money against the tabien or in fact sell the house without my wife being informed or her permission obtained?

2. If this is true, is there anything she can do to prevent this occurring without actually being in Thailand to remove her brother's name from the tabien or "re-order" it so that she is "on top".

Many thanks for any info

Ellisg

[geordie]

Hello Ellisq,

to answer your question, i have just spoken to my wife about the question you are asking who is Thai and we live in Thailand.

Your wife owns the land so he can not borrow money against the house, when and if he would try and do this, they will ask to see the land title deed which is in your wife's name. So he cannot borrow against the house.

Hope that this answers your question for you.

Geordie