Getting Married Adding My name to the Blue Book

[Herbie 100]

Hello All,

 

I looked on the Forum for this topic am sure it exists but I can not find it so here is my situation if someone could explain what to do in easy steps I would appreciate it. 

 

My Thai GF and I work and live aboard but we have decided to get married soon in Thailand. She owns her own house in Bangkok and wants to add my name to the Blue Book (for me I think it is Yellow Book)..Either way she/I want to show that the property is jointly owned after we marry as we intend to move back to Thailand in a few years.

 

And my next step is???

 

Thanks in advance. 

 

 

[GarryP]

As you are not Thai you are not able to own land. Thus, the title deeds to the house will remain in your wife's name. You could get yourself a yellow House Registration book, but that does not mean you co-own the property. It is only evidence that you live there. 

[jackdd]

Everything that GarryP said is right

You can apply for a yellow house book (if you want one, just Google it, you should find several instructions on how to do it), it can make some things like registering a car / motorbike a bit more convenient because you don't need to get a certificate of residence from the immigration police than, but it's not necessary.

[BEVUP]

All property prior to marriage shall remain the property of the purchaser, so you will not be part of that property at all (as far as I know ). Is it not called Simros or the other one (vague on the terms )

 

OR

 

What if she was still paying it of ? Would she or the Bank (no doubt held against Mortgage ) own it

[GarryP]

1 hour ago, BEVUP said:

All property prior to marriage shall remain the property of the purchaser, so you will not be part of that property at all (as far as I know ). Is it not called Simros or the other one (vague on the terms )

 

OR

 

What if she was still paying it of ? Would she or the Bank (no doubt held against Mortgage ) own it

Sin somros and sin suantua. Basically, marriage property and personal property. Personal property includes all assets gained prior to marriage. All such property should remain the property of the person who earned/gained it. The property gained/earned subsequent to marriage becomes joint property and is to be split equally upon divorce.  Having said that, if the OP were a Thai, there would be nothing preventing his wife from having him entered in the title deeds as a co-owner.  However, it could result in a bit of a fight if they divorce.

[Herbie 100]

On ‎26‎/‎03‎/‎2018 at 10:11 AM, GarryP said:

As you are not Thai you are not able to own land. Thus, the title deeds to the house will remain in your wife's name. You could get yourself a yellow House Registration book, but that does not mean you co-own the property. It is only evidence that you live there. 

Thank You Garry,Jack and Bevup...Useful comments (must be a first for TV...555) appreciate you clearing things up...Regarding the mortgage question she has no mortgage so owns it outright. I see no down side to getting a Yellow Book in this case....Again thanks to all.

[sandrabbit]

On 27/03/2018 at 10:13 AM, GarryP said:

Having said that, if the OP were a Thai, there would be nothing preventing his wife from having him entered in the title deeds as a co-owner.

When we purchased land to build our house then later purchased land to build a business both times I was a signatory on the title deeds at the land office with my wife. Supposedly she is unable to sell it without my co signature ........

 

Obviously all the marriage documents required as evidence of our marriage.

[transam]

Yellow book...Just shows you live there and a good idea to get one..

 

You have no say in her property if bought before marriage..

[BEVUP]

21 minutes ago, sandrabbit said:

When we purchased land to build our house then later purchased land to build a business both times I was a signatory on the title deeds at the land office with my wife. Supposedly she is unable to sell it without my co signature ........

 

Obviously all the marriage documents required as evidence of our marriage.

When I went to the LO with wife & my Lawyers the only documents offered for my signing was the Simross one ( that states as a Foriegner you will have no interest at all against said property, financially or otherwise ) & the Usufrut

No one signed the Chanote as only the LO will put name of owner (wife ) & the Usufrut (as who holds ) 

An owner of a property can sell any time, they own 100%

It even happened in the above situation 

[sandrabbit]

1 minute ago, BEVUP said:

When I went to the LO with wife & my Lawyers the only documents offered for my signing was the Simross one ( that states as a Foriegner you will have no interest at all against said property, financially or otherwise ) & the Usufrut

No one signed the Chanote as only the LO will put name of owner (wife ) & the Usufrut (as who holds ) 

That was my understanding of the proceedings so I could be completely wrong.

[jackdd]

26 minutes ago, sandrabbit said:

When we purchased land to build our house then later purchased land to build a business both times I was a signatory on the title deeds at the land office with my wife. Supposedly she is unable to sell it without my co signature ........

 

Obviously all the marriage documents required as evidence of our marriage.

A foreigner can not own land in Thailand, so it belongs only to your wife and she can sell or mortgage it whenever she wants, she doesn't need your signature

Maybe you signed as witness or something like that

Of course 50% of the land "belong" to you, because it was purchased while you were married, so if you divorce your wife would have to pay you out or the land would be sold and you would get 50% of this. But you don't have any power over the land.

[mrmicbkktxl]

On 3/26/2018 at 3:11 PM, GarryP said:

As you are not Thai you are not able to own land. Thus, the title deeds to the house will remain in your wife's name. You could get yourself a yellow House Registration book, but that does not mean you co-own the property. It is only evidence that you live there. 

Can he inherit the house if she has a testament?

[GarryP]

19 minutes ago, mrmicbkktxl said:

Can he inherit the house if she has a testament?

Apologies, misread.

 

If you mean can a foreign husband inherit his Thai wife's house, then my understanding is that he can but he has a fixed period within which it must be sold.  But I cannot sear on this. Best to check with someone with experience. 

[GarryP]

48 minutes ago, sandrabbit said:

When we purchased land to build our house then later purchased land to build a business both times I was a signatory on the title deeds at the land office with my wife. Supposedly she is unable to sell it without my co signature ........

 

Obviously all the marriage documents required as evidence of our marriage.

As mentioned by another poster, you do not sign the title deeds. The names of the owners are typed in by the Land Office and then endorsed by a senior official. Documents signed by foreign husbands include statements to the effect that they did not fund the purchase, usufruct, etc.  

[BEVUP]

8 minutes ago, GarryP said:

If you mean a "will" then yes. There is no reason why she cannot inherit property.

GarryP you forgot to add that he shall have to dispose of such property within a year 

[GarryP]

Just now, BEVUP said:

GarryP you forgot to add that he shall have to dispose of such property within a year 

I just noted that I misread the question. Edited my reply. 

[TKDfella]

Not too sure if my comment here is appropriate or of any use to the OP. My ex owned the bungalow we lived in on the large Land registration document (not the book) ownership of the would be transferred to a member of her family should she die. But, by her request (signatures etc) to the Land Office, if that happened then I could still live in the bungalow for a maximum of fifteen years. Since our divorce, this of course, has since been deleted. 

[scorecard]

 

Perhaps step 1 is to understand that the blue book or yellow book is not a record of ownership.

 

The actual ownership document is called in Thai language a chanut and is recorded / changed at the Thai Land Titles office when the land is sold (to a Thai or to a company) or given to another Thai person.  

 

The Tabien Baan book records are the responsibility of a different government ministry, no connection whatever to the Thai Lands Title office. 

 

Plenty of other posters will share more information on ownership, especially the point that non-thai people cannot own a piece of land in Thailand, marriage does not change the laws on this subject in any way. 

 

If it's a condo then the law is different, 49% of the units in a building classified as a condo can be owned (totally owned) by foreigners, as mentioned above the ownership document is a chanut. Ownership of a condo can be joint, Thai and foreigner.

 

Back to the blue or yellow Tabien Baan (household registration book); this is an official record of who lives or is domiciled at a specific address. It has no connection / no bearing on ownership.

 

In theory all Thai people are required to have their name in a blue or yellow book.

 

In theory for most official matters by government regulations Thais have to prove 1). Their identity (mostly by using an official Thai ID card) and 2). They have to prove where they are registered in regard to their official domicile / place of residence (usually a blue Tabien Baan book, sometimes yellow).

 

For many Thais their name will be in the blue book for the land they own or perhaps their parents land, and could be in a different province, , but in reality it can be anywhere in Thailand. T

 

To record your (Thai) name in a blue book at a friends house is possible and common but it will need the permission of the person who is the 'house master' for that address, usually the owner of the land.  

 

Say again the Tabien Baan record has no meaning whatever in terms of ownership, it does not imply ownership or carry any weight towards ownership. 

 

 

  

[scorecard]

6 hours ago, GarryP said:

Apologies, misread.

 

If you mean can a foreign husband inherit his Thai wife's house, then my understanding is that he can but he has a fixed period within which it must be sold.  But I cannot sear on this. Best to check with someone with experience. 

 

Farang has to sell the property within 12 months.

 

Perhaps the farang can transfer the property ownership to his Thai children, if any. Not sure about this, needs an expert opinion. 

 

 

[Delight]

 I own a Condo in Pattaya

 

The Blue Book came with condo

 

Pattaya City Hall put my name (in Thai writing ) into this book

 

However It is  listed on the inside cover.

 

All Thai authorities accept it.

 

A simple solution for you.

 

 

[khunPer]

On 3/26/2018 at 10:07 AM, Herbie 100 said:

My Thai GF and I work and live aboard but we have decided to get married soon in Thailand. She owns her own house in Bangkok and wants to add my name to the Blue Book (for me I think it is Yellow Book)..Either way she/I want to show that the property is jointly owned after we marry as we intend to move back to Thailand in a few years.

According to the book "Thai Law for Foreigners" (ISBN 978-1-887521-57-4 Paiboon Publishing), page 62:

Thailand is what some Western societies call a community property jurisdiction. Thai law under the Civil and Commercial Code clearly states the difference between personal property and common property. Personal property might also be referred to as separate property and amounts to property owned by someone before they married...

...When there is a divorce, only common property will be taken into consideration when dividing the property between the two parties.

–i.e. you cannot because of marriage be part owner of something your wife-to-be already own.

 

Furthermore, as foreigner you cannot own land in Thailand. Property (land) obtained as common property during marriage shall be split 50/50 upon divorce. In case of death, a foreign heir will have 12 moth (if I remember right) to sell the property (land).

 

The Blue House Book contain names of Thai nationals only. The Yellow House Book for foreigners is just a registration of address, i.e. where you live. It's practical for a foreigner, but not any proof of any ownership; however, a foreigner can be registered a master-of-household in the Yellow House Book, and be the one to approve names obtained in the House Book(s), including the blue. A foreigner can own a house, but not the land under it.

[khunPer]

9 hours ago, sandrabbit said:

When we purchased land to build our house then later purchased land to build a business both times I was a signatory on the title deeds at the land office with my wife. Supposedly she is unable to sell it without my co signature ........

 

Obviously all the marriage documents required as evidence of our marriage.

That sound interesting.

 

To my knowledge some Land Offices – as often in Thailand, the procedures may not be the same everywhere – ask a foreign husband to sign for, that he acknowledge that the land is owned solely by his wife, as a foreigner cannot own land (might be worded different, but that's the essence).

 

My Lawyer mentioned, that a foreigner can have a loan document declared as mortgage, if he (or she) actually paid for the land; i.e. the land cannot be sold or transferred without the registered loan paid in full; for example if land is bought for the foreigners money in the name of a Thai person, or juridical person. If that will also work between husband and wife, I'm not so sure, as it's often posted that contracts between husband and wife can be declared void.

 

A foreigner can own a house, but not the land under the house; i.e. husband and wife can own a building as common property.

[catman20]

And my next step is  ????divorce ?

[catman20]

1 minute ago, catman20 said:

.

 

[simoh1490]

16 hours ago, GarryP said:

Apologies, misread.

 

If you mean can a foreign husband inherit his Thai wife's house, then my understanding is that he can but he has a fixed period within which it must be sold.  But I cannot sear on this. Best to check with someone with experience. 

The house/land can be inherited from the Thai spouse but ownership is limited to one year, during which time the surviving spouse must sell or transfer that ownership.