Buying House in Wife Name - Any OTHER protections?

[ElephantEgo]

I am soon to buy a house in my wife's name and I am wondering if there is anything I can do apart from what is commonly discussed (such as leases, usurfucts, and etc).

 

For example: why not ask my lawyer to make a small easy contract with her that says that she acknowledges I am putting MY money into the house from MY own funding from abroad and in the case that the house is to be sold (some day), the money will be owed?

[janclaes47]

 

8 minutes ago, JakeR said:

For example: why not ask my lawyer to make a small easy contract with her that says that she acknowledges I am putting MY money into the house from MY own funding from abroad and in the case that the house is to be sold (some day), the money will be owed?

 

I'm not married so I don't know, but I thought I had read a few times here already that when a Thai is married to a foreign spouse, the foreigner has to sign a document at the land office that states it is not his money.

 

If that is correct, making such a contract would be a good way to criminalize yourself.

[brianinbangkok]

Just now, janclaes47 said:

 

 

I'm not married so I don't know, but I thought I had read a few times here already that when a Thai is married to a foreign spouse, the foreigner has to sign a document at the land office that states it is not his money.

 

If that is correct, making such a contract would be a good way to criminalize yourself.

I can confirm thats correct.

They make foreigners sign its all her money.

The morgage is something to be carefull with as the wife has often not income so they want the foreigner to sign a bank guarantee.

So if things do not work out and you end up divorced, the bank could still come to you if your ex fails to pay the bank..

 

[NCC1701A]

20 minutes ago, janclaes47 said:

the foreigner has to sign a document at the land office that states it is not his money.

it is almost as if they are all in on a huge conspiracy. almost.

[mike787]

Do u have to buy the house?  If she walks away with the house, what are your expectations?

[Kadilo]

If you are not prepared to hand it over lock stock and barrel don’t buy it. The rest is just wishful thinking. 

[NCC1701A]

58 minutes ago, JakeR said:

I am soon to buy a house in my wife's name

you mean "I am soon to buy a house for my wife..."

 

58 minutes ago, JakeR said:

I am wondering if there is anything I can do

don't spend more than you can afford to lose.

 

just wondering who's name is the car in?

 

[NightSky]

Your wife will own the house and you are buying it for your wife. If this doesn't 'sit well' then don't buy. Its unfortunate but this is the 'Thai-way' or the Highway!

 

i.e. no protection for the foreign guest.

 

Welcome! ???? 

 

 

 

 

 

 

[cornishcarlos]

6 hours ago, brianinbangkok said:

I can confirm thats correct.

They make foreigners sign its all her money.

 

Funny, because I can confirm that it's not correct !!

We have bought 4 plots of land and I have never signed anything.

Guess it varies from office to office... Besides, what is purchased during marriage is owned 50/50 in the case of divorce.

[baansgr]

My ex wife owes me millions as instructed by the court..... However getting  your money back is nigh on impossible. Rent or write the money off from the start simple. Lawyers will tell you anything to make you happy as of course it gets them money but it just isn't like that in Thailand. Anything you do your wife has control, you can't sell it and you wouldn't  want to stay there once she moves her family  or new boyfriend  in after you break up

[ElephantEgo]

@cornishcarlos Which land office have you been going to that does not make you sign said document?

 

@janclaes47 The contact could be worded as such that its not criminalizing myself.

Overall I think that if the land office makes me sign that the money is my wife's -- so why not be smart and just make another contract as well? Between my wife and I? Which simply says that once the house is ever sold, monies will be due from her to me.

 

I am not contradicting anything, just very simple contract that says: wife will owe me money from house proceeds upon eventual sale. I am not stating that the money came from me.  It is very, very simple.

So I would be surprised if this couldn't work or would not be enforceable? It sound almost too simple...

 

But anyone can make a contract between people that is enforceable. No?

 

 

[ThaidDown]

Contracts between husband and wife can be voided by either party at any time.

 

[NCC1701A]

 

[petermik]

I had a house built for my girlfriend and myself four years ago...It was my sole idea and I went into the venture with eyes wide open....no matter what some will tell you about ownership here never spend any money on ANYTHING that you cannot afford to walk away from.....

If you have any doubts now or need assurances then don,t do it and keep your money in the bank.

[Vacuum]

5 hours ago, cornishcarlos said:

Besides, what is purchased during marriage is owned 50/50 in the case of divorce.

Correct and if you can't lose that 50%, don't buy.

[Delight]

5 hours ago, cornishcarlos said:

 

 Besides, what is purchased during marriage is owned 50/50 in the case of divorce.

Not if you can prove that the money to purchase the property belonged to the foreigner prior to  the marriage

[NCC1701A]

10 minutes ago, Delight said:

Not if you can prove that the money to purchase the property belonged to the foreigner prior to  the marriage

i wonder if this is why they make you sign a document saying it is not your money?

 

[Mavideol]

with or without contract if anything goes sour you get nothing...... don't walk, run

[scorecard]

13 hours ago, janclaes47 said:

 

 

I'm not married so I don't know, but I thought I had read a few times here already that when a Thai is married to a foreign spouse, the foreigner has to sign a document at the land office that states it is not his money.

 

If that is correct, making such a contract would be a good way to criminalize yourself.

I've paid for 3 houses, recorded at LTO in name of Thai son and 1 condo in my name, never ever heard of the foreigner has to sign a document at the land office that states it is not his money.

 

In fact if it's a house the title cannot be in foreigners name and the LTO not remotely interested in where the funds came from. 

 

If it's a condo and ownership is recorded on the chanut in the foreigners name then that Chanut recorded in the name of the foreigner then that foreigner has to prove / lode documentary proof that the money was transported into Thailand, in the foreigners name, for the purpose of buying the condo - that doesn't align at all with 'the foreigner has to sign a document at the land office that states it is not his money'. 

 

 

[Spidey]

13 hours ago, brianinbangkok said:

I can confirm thats correct.

They make foreigners sign its all her money.

I signed nothing of the sort. I have even kept evidence that it was my money.

[tompelli]

My experience in (pranburi LTO), buying a house with land is that they asked me to sign a declaration that my Thai wife was not acting as a proxy for a foreigner to buy land. 

[shadowmaster1971]

32 minutes ago, scorecard said:

I've paid for 3 houses, recorded at LTO in name of Thai son and 1 condo in my name, never ever heard of the foreigner has to sign a document at the land office that states it is not his money.

 

In fact if it's a house the title cannot be in foreigners name and the LTO not remotely interested in where the funds came from. 

 

If it's a condo and ownership is recorded on the chanut in the foreigners name then that Chanut recorded in the name of the foreigner then that foreigner has to prove / lode documentary proof that the money was transported into Thailand, in the foreigners name, for the purpose of buying the condo - that doesn't align at all with 'the foreigner has to sign a document at the land office that states it is not his money'. 

 

 

A house can be owned by a foreigner it is only the land upon which the house sits upon cannot be owned by a foreigner!

[janclaes47]

34 minutes ago, scorecard said:

14 hours ago, janclaes47 said:

 

 

I'm not married so I don't know, but I thought I had read a few times here already that when a Thai is married to a foreign spouse, the foreigner has to sign a document at the land office that states it is not his money.

 

If that is correct, making such a contract would be a good way to criminalize yourself.

I've paid for 3 houses, recorded at LTO in name of Thai son and 1 condo in my name, never ever heard of the foreigner has to sign a document at the land office that states it is not his money.

I would guess that is because you're not the foreign spouse of your Thai son.

 

Maybe next time read my post before responding

[janclaes47]

2 minutes ago, shadowmaster1971 said:

A house can be owned by a foreigner it is only the land upon which the house sits upon cannot be owned by a foreigner!

A house can be owned by a foreigner if it is a new build and the building license is issued in the foreigners name.

 

A existing house can not be registered in a foreigners name when it was previously owned

[Solinvictus]

Once she knows it's set in stone. There is a switch that changes in her head.

 

Haha joking but uhhh yeah Id never put/or have anything of mine in their name.  Just me though.

 

Good luck

[dotpoom]

You can have your name added to the Chanote stating that you are a "sitting tennant", say for 20 years or whatever. That way she cannot sell the house without your signature (within that 20 yrs.).

 

[shadowmaster1971]

5 minutes ago, janclaes47 said:

A house can be owned by a foreigner if it is a new build and the building license is issued in the foreigners name.

 

A existing house can not be registered in a foreigners name when it was previously owned

An existing house as far as I am aware can be owned separately and I am not aware of anything that precludes a foreigner from doing this.

 

[canthai55]

11 minutes ago, dotpoom said:

You can have your name added to the Chanote stating that you are a "sitting tennant", say for 20 years or whatever. That way she cannot sell the house without your signature (within that 20 yrs.).

True. Max I believe 30 years. Can not be sold without you signing it over at the Land Office. Just like the bank having a mortgage on the land, can not be sold without mortgage being paid and the bank signing off on it.

8 minutes ago, shadowmaster1971 said:

An existing house as far as I am aware can be owned separately and I am not aware of anything that precludes a foreigner from doing this.

Also True.

 

 

 

[janclaes47]

Just now, shadowmaster1971 said:

An existing house as far as I am aware can be owned separately and I am not aware of anything that precludes a foreigner from doing this.

 

Maybe you could post some source for your claims, but I doubt I have to wait for it.

 

First of all, the building doesn't get separately registered at the land office, so the building s always part of the land, unless the house was only build after the land transfer and the building license is in foreign name.

 

Unless the house which has a building license in foreign name is specified in the sales contract as being sold sold separately to another foreigner, it automatically becomes part of the land at the time of transfer and thereby Thai owned

 

If such a transaction is intended, the sale has also to be publicly announced at the Amphur office for 30 days before the land transfer can be done.

 

When a building license is in Thai name it can not change name afterwards

[canthai55]

Also ... Chanote can be forged. Land office best place to ensure you are signing the original - and legal - one.

Be Aware. Beware.