Buying House in Wife Name - Any OTHER protections?

[danilay]

just be careful please anyway that's your personal life 

[Just Weird]

1 hour 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'. 

 

 

"In fact if it's a house the title cannot be in foreigners name..."

That is incorrect, foreigners can own houses, they cannot normally own the land, though. 

[ElephantEgo]

3 hours ago, Vacuum said:

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

I am not sure that even 50% can be recovered due to signing over that you are not a proxy. No?

 

" 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.)." Is this seperate from a Usurfuct? Something different right? Maybe I should ask my lawyer about this right? Because it might be automatically part of the deal but best to double check...

In my case I COULD NOT buy the house because it was part of a development, in this case my wife has to own both house and land.

[Just Weird]

20 minutes ago, janclaes47 said:

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

"Maybe you could post some source for your claims..."

Why should he when it is commonly known to be correct?   Maybe you could post justification for your disputing the fact?

[scorecard]

4 minutes ago, Just Weird said:

"In fact if it's a house the title cannot be in foreigners name..."

That is incorrect, foreigners can own houses, they cannot normally own the land, though. 

Apologies, you are correct, my mistake.

[Vacuum]

5 minutes ago, JakeR said:

I am not sure that even 50% can be recovered due to signing over that you are not a proxy. No?

 

" 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.)." Is this seperate from a Usurfuct? Something different right? Maybe I should ask my lawyer about this right? Because it might be automatically part of the deal but best to double check...

In my case I COULD NOT buy the house because it was part of a development, in this case my wife has to own both house and land.

Anything bought after the marriage (no matter who pays  the bill) will be split 50-50 in a divorce.

[johng]

The best way/protection is to keep your wife happy..if she gets unhappy and throws you out then

its game over really..you could  buy a condo in your own name and own it 100% legally.

[baansgr]

What good is a house if you cant sell the land?....

50% on divorce, what if shes hocked the house to the hilt...and try getting the money if she hasnt

Buying tilaks houses in 99% of the time ends is loss and misery for the foreigner

DONT DO IT...its as clear day you cant and never will own or have any control over the property

Its a favourite past time of theirs, its rife its been happening years and will continue as long as foreigners fall in the trap

[GalaxyMan]

2 hours ago, scorecard said:

In fact if it's a house the title cannot be in foreigners name

That is not correct. The house can be in anyone's name, it's the land that must be in the name of a Thai national. The only way to protect yourself is with an usufruct.

[Delight]

4 hours ago, NCC1701A said:

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

 

I presume that this document states that  it was 'gifted' by a foreigner.

 

If you  say 'it is not your money ', implying it was never your money, then you are perjuring your self.

 

In the case of a divorce the foreigner simply needs to show evidence that the dates relating to ' money in to Thailand ' and 'the money out  for the house purchase 'are close.

Maybe within 12 months.

[shadowmaster1971]

1 hour ago, janclaes47 said:

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

After consulting Mr. Google, he has come back with an array of information.  However the following is probably

a good simply explanation on the issue of owning an existing house as separate from the land.  Of which I note the information I have come across so far (unless you have something to the contrary) - there is nothing to suggest a Foreigner cannot own an existing house separately from the land.

 

https://www.samuiforsale.com/knowledge/building-real-estate-thailand.html

[tweedledee2]

   I signed a form at the Surin land office that the funds for the purchase were my wife's and not mine.  No problem, I signed and handed it back but it wasn't my name.  

  

 

   

[Vacuum]

1 hour ago, johng said:

The best way/protection is to keep your wife happy..if she gets unhappy and throws you out then

its game over really..you could  buy a condo in your own name and own it 100% legally.

This is a reason to chose a wife near your own age, not 30 years younger than yourself.

[shadowmaster1971]

2 hours 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.).

 

Whilst not dealing with the above directly - Another possible alternative is set up a company in Hong Kong or Singapore, the wife borrows the money from the company to purchase the property - the HK or SG company then registers the mortgage on the property  - at least the initial capital investment is returned if the property is sold to discharge the mortgage! - but it is an arduous process!

[puukao]

I'm just here to read about the 99% of farangs who lose all their money, house, gf or wife moves in with her family and bf and the farang is kicked out.....

 

come on, this is the biggest red flag there is.   don't do it.  no.  nope.  don't.  don't be dumb.  don't fall for the worst trap there is.  

 

if you want to throw away millions of baht because you needed a friend, give me the millions and i'll email you most days.

 

 

[gavlar]

Could You not buy the land in your wife's name and then take a 30 yr lease on the land from your partner and any property on it already or subsequently built on it? That way at least she couldn't take out loans on the house in future years.

[shadowmaster1971]

13 minutes ago, puukao said:

I'm just here to read about the 99% of farangs who lose all their money, house, gf or wife moves in with her family and bf and the farang is kicked out.....

 

come on, this is the biggest red flag there is.   don't do it.  no.  nope.  don't.  don't be dumb.  don't fall for the worst trap there is.  

 

if you want to throw away millions of baht because you needed a friend, give me the millions and i'll email you most days.

 

 

we have all heard those stories!  Heard of mate of mate, his marriage going sour, spent a packet on a house - he  knew the wife was going to go after the property with a pending divorce  - sent her away one weekend - bulldozed house the  whilst she was away - when she came back he handed her the keys to house and said all yours baby!

[steven100]

2 hours 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.).

 

I believe what your saying ...  but if it all went tits up, would anyone be game enough or even want to stay on in the same house ?

[shadowmaster1971]

15 minutes ago, gavlar said:

Could You not buy the land in your wife's name and then take a 30 yr lease on the land from your partner and any property on it already or subsequently built on it? That way at least she couldn't take out loans on the house in future years.

You would need to specifically mentioned that during the lease the land cannot be mortgaged.

Ideally the lease should run with the title of the property - so that way, irrespective of how many times the property is sold or event mortgage the Lessee occupation of the land is secured for the duration of the lessee or until such time the lessee agrees to terminate the lease earlier - so in essences whilst you can't own the land, the important thing is having the, control, use, occupation and ownership of anything upon the land!

[khunPer]

17 hours 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?

It's often mentioned that agreements or contracts between husband and wife can be void in case of divorce.

 

Your own funding from abroad need to either have been registered in a prenup, or clearly proven to be earned before your marriage. Anyway, if the house is common property, you'll be entitled to 50% in case of divorce. Might also be a good idea to make a Last Will for Thai assets, for both your wife and you.

 

You should check with your lawyer about making a loan agreement registered as a servitude on the title deed, just like a mortgage. My lawyer suggested that as an option to secure one's "investment". An experienced real estate lawyer might know how to protect you that way with best legal options.

[GreasyFingers]

3 hours 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'. 

 

 

That is interesting. We, I, her, have just bought 4 lots with a house on 1 of them and I had to sign 4 different documents that the money did not come from me. The TLD did not give me copies of what was signed, of course.

 

3 hours ago, Spidey said:

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

As above

[xylophone]

38 minutes ago, puukao said:

I'm just here to read about the 99% of farangs who lose all their money, house, gf or wife moves in with her family and bf and the farang is kicked out.....

 

come on, this is the biggest red flag there is.   don't do it.  no.  nope.  don't.  don't be dumb.  don't fall for the worst trap there is.  

 

if you want to throw away millions of baht because you needed a friend, give me the millions and i'll email you most days.

 

 

Lots of suggestions here that seem at first sight to be "workable" but in hindsight or experience here, they are nowhere near that.

 

Even if you owned the house, with your wife owning the land, and things went sour there are many things that she could do to make your life miserable – – for example, would she move out in the event of a breakup?

 

Would she move in her new boyfriend or her family because if she wanted to, there is not much you can do about it.

 

The list is endless and sometimes doesn't bear thinking about, so as this poster has said, as have many others, it is not an altogether good thing to do, however there is one exception, if you don't mind walking away from everything that you put into it, as well as from your relationship, departing on good terms and keeping your wits about you, then that is an option, but in general marriages when they break up do end on a sour note.

[GreasyFingers]

2 hours ago, baansgr said:

What good is a house if you cant sell the land?....

50% on divorce, what if shes hocked the house to the hilt...and try getting the money if she hasnt

Buying tilaks houses in 99% of the time ends is loss and misery for the foreigner

DONT DO IT...its as clear day you cant and never will own or have any control over the property

Its a favourite past time of theirs, its rife its been happening years and will continue as long as foreigners fall in the trap

I think you are wrong with the 99% of the time. The majority (maybe 70%) of my friends have never had a problem.

[baansgr]

1 hour ago, Delight said:

I presume that this document states that  it was 'gifted' by a foreigner.

 

If you  say 'it is not your money ', implying it was never your money, then you are perjuring your self.

 

In the case of a divorce the foreigner simply needs to show evidence that the dates relating to ' money in to Thailand ' and 'the money out  for the house purchase 'are close.

Maybe within 12 months.

It states that the funds to purchase the property are of Sin Suan Tua and not Sin Somros meaning the Thai wife had the funds befor the marriage took place hence no matter what divorce law states you have agreed the money was hers before marrying.

[baansgr]

Just now, GreasyFingers said:

I think you are wrong with the 99% of the time. The majority (maybe 70%) of my friends have never had a problem.

Yet

[GreasyFingers]

2 hours ago, johng said:

The best way/protection is to keep your wife happy..if she gets unhappy and throws you out then

its game over really..you could  buy a condo in your own name and own it 100% legally.

Why would you live in a condo? Life is much better than that.

[africasiaeuro]

Thai win - win : ???? = lawyer ; ????????????  = hun-ny ; buyer : ???? ..

 

[GreasyFingers]

1 minute ago, baansgr said:

Yet

Maybe, but you do not want a dull life. Or do you?

[youreavinalaff]

17 hours ago, brianinbangkok said:

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..

 

Not correct. If you are married you buy the land or property under the "sin som rot" agreement. This protects the spouse that is not on the deeds, whether Thai or Foreigner.

[GreasyFingers]

30 minutes ago, steven100 said:

I believe what your saying ...  but if it all went tits up, would anyone be game enough or even want to stay on in the same house ?

Where I am Steven there is virtually no one that speaks English so i would have to move home or back to Samui.