Buying House in Wife Name - Any OTHER protections?

[Huckenfell]

On 1/21/2019 at 3:46 AM, 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..

 

How will wife get morgage if she have "not income "

[ElephantEgo]

It seems there are no clear answers! A lot of grey areas. Whether a husband can get 50% or not? Or 100% or not showing money came from oversees? Whether couples can make a contract between them?

 

Anyways I should try to make sure "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 think something like this will happen automatically... definitely my lawyer is attaching all my personal identification to the house purchase... even the money will come from my account after being transferred in from oversees recently.

[baansgr]

4 hours ago, puchooay said:

I paid for a plot of land and the chanote is in my wife's name.

 

I was quite happy for my wife to go alone and do everything herself when transferring ownership.

 

She called me when she was at the land office. I needed to go to sign a form. When I arrived at the office I enquired as to what the form was about.

 

I was told by officer " It is to protect you. This is a Sin Som Rot agreement". The conversation was in Thai so no mis understanding or mis interpretation. I can also read Thai so took a look at the form too. It was there in black and white, "Sin Som Rot"

 

This was in Muang district, Buriram.

You got it back to front,  see my post with the document you and thousands others have signed,  it clearly states it's Sin Suan Tua..... NOT sin Somros, yet another Foreigner told,  believe the wrong information that is clear in black and white

[baansgr]

23 minutes ago, JakeR said:

It seems there are no clear answers! A lot of grey areas. Whether a husband can get 50% or not? Or 100% or not showing money came from oversees? Whether couples can make a contract between them?

 

Anyways I should try to make sure "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 think something like this will happen automatically... definitely my lawyer is attaching all my personal identification to the house purchase... even the money will come from my account after being transferred in from oversees recently.

None of that makes a blind bit of difference and to top it all you are paying  a lawyer... God forbid...you really  wanna stay in a house with her family  and boyfriend  when things go bad.... She won't want to sell,  especially  if it's in her village or province 

[baansgr]

3 hours ago, Wake Up said:

The more I live here the more I realize that a lot of bad advice is stated on TFV daily as facts when it is fiction or myth or simply people who love to criticize Thailand. Contact a good Thai lawyer from Khon Kaen. She is 

married to  a PHD man from Australia. 

Contact her by her Email address. die[email protected]

 

She has successfully helped expats with houses and leases and injunctions etc.  I do know a lease between yourself and a girlfriend is legally valid if you spit up. A lease between you and your wife is voided if you divorce. Better to have a lease with someone not your wife. 

Does that lawyer work for reasonable fees paid after the job is done or telephone  number figures upfront 

[GalaxyMan]

3 hours ago, TunnelRat69 said:

...get a Lifetime Usafruct so you can't be kicked out  and be done with it.

Couldn't agree more.

[NCC1701A]

4 hours ago, bkk6060 said:

Rent!

everything!

[NCC1701A]

Yaba welcoming committee while visiting "your" house in your ex-wife's village after the new boyfriend moves in. don't forget to bring a copy of your lease or Usafruct thingy.

[NCC1701A]

7 minutes ago, Benroon said:

Which is still buying only you're buying it for someone else.

yes one day at a time. instead of being delusional and pouring money into the "owning land and houses scam" and all the illegal workarounds that are designed from top to bottom to rip farangs off. 

[NCC1701A]

1 hour ago, JakeR said:

It seems there are no clear answers! A lot of grey areas. Whether a husband can get 50% or not? Or 100% or not showing money came from oversees? Whether couples can make a contract between them?

 

yes and this should be a huge red flag for you.

 

if you asked his question in a forum in a country that has rule of law the answer would be "yes" or "no".

 

not seven pages of people who have a vested interest in reinforcing the poor choice they made.

 

 

 

 

 

[MyFriend You]

19 hours ago, Benroon said:

OMG - where do you get this shit from ? If that was true it’s not a <deleted> contract is it ! 

............aside from the fact any contract made between man and wife is not binding under Thai law(pre-nuptial or post nuptial)...........the law is you split 50/50% of the PROCEEDS OF SALE of your PPTY -  and when divorced, you will be directed to sell the assets.   Now, good luck getting your 50%. 

[baansgr]

23 minutes ago, TunnelRat69 said:

............aside from the fact any contract made between man and wife is not binding under Thai law(pre-nuptial or post nuptial)...........the law is you split 50/50% of the PROCEEDS OF SALE of your PPTY -  and when divorced, you will be directed to sell the assets.   Now, good luck getting your 50%. 

Thats simply not true and bad advice to someone that could be about to loose his life savings.

[baansgr]

1 hour ago, Benroon said:

Which is still buying only you're buying it for someone else.

Rather rent for a few years than pay millions for something you dont own and can loose if tirak or her kik decide they have had enough of you

[totally thaied up]

1 hour ago, NCC1701A said:

Yaba welcoming committee while visiting "your" house in your ex-wife's village after the new boyfriend moves in. don't forget to bring a copy of your lease or Usafruct thingy.

This made me laugh as I know someone right at this time going through this

[baansgr]

47 minutes ago, totally thaied up said:

This made me laugh as I know someone right at this time going through this

Its quite common up in Issan for that to happen, how many guys do you know that has a brother in law that is always constantly there.....

[puchooay]

3 hours ago, baansgr said:

You got it back to front,  see my post with the document you and thousands others have signed,  it clearly states it's Sin Suan Tua..... NOT sin Somros, yet another Foreigner told,  believe the wrong information that is clear in black and white

If you read my post I said that I dealt with it  and read the form myself.I am perfectly aware of what I read. Like I said, I can read Thai and I know the difference. I also fully understand the words " To protect" in Thai too.

[totally thaied up]

28 minutes ago, baansgr said:

Its quite common up in Issan for that to happen, how many guys do you know that has a brother in law that is always constantly there.....

I had a massage by an Issan girl the other day. My wife was with me and the girl quoted to us during the massage, ''I want a farang husband like you but want and an Issan cowboy on the side for the good times.'' I did not hear this but it was what my wife later translated for me. Just trashy gossip.

 

That also made me laugh ... she offered her LINE ID to me after the massage and did not give an <deleted> about my wife. It's these bad massage girls that give the good ones a bad time and this was at a Spa.

 

I wonder if she wanted me to buy a house for her as well on land I can never own ????

[baansgr]

33 minutes ago, puchooay said:

If you read my post I said that I dealt with it  and read the form myself.I am perfectly aware of what I read. Like I said, I can read Thai and I know the difference. I also fully understand the words " To protect" in Thai too.

I did read your post... Did you read mine and see the attachment.. The land office form is readily available to see and clearly states that both parties  agree that funds used are of Sin Suan Tua, I'm afraid  your Thai isn't as good as you thought and as far as it goes your wife used money of her own before being married to purchase  her land.  You are an exact example of how many people believe they own or have rights to a property yet have none what so ever.

[baansgr]

44 minutes ago, puchooay said:

If you read my post I said that I dealt with it  and read the form myself.I am perfectly aware of what I read. Like I said, I can read Thai and I know the difference. I also fully understand the words " To protect" in Thai too.

Please read the attachment 

673393284_LetterofConfirmation.pdf

[puchooay]

11 minutes ago, baansgr said:

I did read your post... Did you read mine and see the attachment.. The land office form is readily available to see and clearly states that both parties  agree that funds used are of Sin Suan Tua, I'm afraid  your Thai isn't as good as you thought and as far as it goes your wife used money of her own before being married to purchase  her land.  You are an exact example of how many people believe they own or have rights to a property yet have none what so ever.

This is not the first time you have been wrong about something on this thread so I will just assume that you will not listen to others. The form that you posted is not the same as I signed. In fact, what I signed was a fully typed letter style document. I know what I signed thanks.

 

 

13 minutes ago, baansgr said:

wife used money of her own before being married

As for the above, the whole reason for me being called to the office is because they knew my wife was married. 

[baansgr]

6 minutes ago, puchooay said:

This is not the first time you have been wrong about something on this thread so I will just assume that you will not listen to others. The form that you posted is not the same as I signed. In fact, what I signed was a fully typed letter style document. I know what I signed thanks.

 

 

As for the above, the whole reason for me being called to the office is because they knew my wife was married. 

I don't know what else I was wrong about.  The land office does not call every husband or wife because  their partner is buying land so why were you so special. I can tell you,  it's because you are stating the funds are your wife's,  not yours. Believe what you want,  pay a lawyer  to check,  the fact is as a spouse of a Foreigner your wife had to have you agree the funds are Sin Suan Tua NOT Sin somros. You could post a copy with the confidential  bits blacked out to prove it. 

[puchooay]

3 minutes ago, baansgr said:

I don't know what else I was wrong about.  The land office does not call every husband or wife because  their partner is buying land so why were you so special. I can tell you,  it's because you are stating the funds are your wife's,  not yours. Believe what you want,  pay a lawyer  to check,  the fact is as a spouse of a Foreigner your wife had to have you agree the funds are Sin Suan Tua NOT Sin somros. You could post a copy with the confidential  bits blacked out to prove it. 

You were wrong about stating that common property is not split 50/50. You are also wrong about what I signed. To be honest, anyone who is married would be a fool to sign that form as it is clearly incorrect. I was quite happy for my wife to sign everything herself and to have the land as Sin Suan Tua. It was the land office that said we needed to do it this way. Why? I don't know but I assume it was something to do with the law.

[baansgr]

6 minutes ago, puchooay said:

You were wrong about stating that common property is not split 50/50. You are also wrong about what I signed. To be honest, anyone who is married would be a fool to sign that form as it is clearly incorrect. I was quite happy for my wife to sign everything herself and to have the land as Sin Suan Tua. It was the land office that said we needed to do it this way. Why? I don't know but I assume it was something to do with the law.

Common property is split 50/50, thats the law but try getting the money is another thing.

[puchooay]

3 hours ago, baansgr said:

Thats simply not true and bad advice to someone that could be about to loose his life savings.

Maybe my mistake. Could you please advise what part of the following is not true?

 

3 hours ago, TunnelRat69 said:

............aside from the fact any contract made between man and wife is not binding under Thai law(pre-nuptial or post nuptial)...........the law is you split 50/50% of the PROCEEDS OF SALE of your PPTY -  and when divorced, you will be directed to sell the assets.   Now, good luck getting your 50%. 

 

[MyFriend You]

1 minute ago, puchooay said:

Maybe my mistake. Could you please advise what part of the following is not true?

 

 

None of what I said as far as I know..........legally, there is not a contract written in the Kingdom that cannot be overturned by a Thai Court.........legally married folks cannot make contracts contrary to Thai law.  They won't be heard.......perfect example is the Billionaire Land mogul that lost tens of millions of baht due to unscrupulous lawyers, and wifes family.

[MyFriend You]

2 hours ago, baansgr said:

Its quite common up in Issan for that to happen, how many guys do you know that has a brother in law that is always constantly there.....

Beware ever present "The Pee Chai"

[puchooay]

11 minutes ago, TunnelRat69 said:

None of what I said as far as I know..........legally, there is not a contract written in the Kingdom that cannot be overturned by a Thai Court.........legally married folks cannot make contracts contrary to Thai law.  They won't be heard.......perfect example is the Billionaire Land mogul that lost tens of millions of baht due to unscrupulous lawyers, and wifes family.

Sorry. I was referring to what bannsgr said. Hence my quoting him first.

 

One thing....you advised someone to get a ufastruct. Surely that is a contract between husband and wife?

[MyFriend You]

Just now, puchooay said:

Sorry. I was referring to what bannsgr said. Hence my quoting him first.

 

One thing....you advised someone to get a ufastruct. Surely that is a contract between husband and wife?

It's a document registered with the Land Mgt Office between you and the LAND owner that garrantees him residence and access to the house, usually 30 years but can be Lifetime and stays in effect even if the place is sold.  I don't think this is transferrable, but when perspective buyers find out there is one in effect??  They don't buy a place they can't do with what they please.

[puchooay]

7 minutes ago, TunnelRat69 said:

It's a document registered with the Land Mgt Office between you and the LAND owner that garrantees him residence and access to the house, usually 30 years but can be Lifetime and stays in effect even if the place is sold.  I don't think this is transferrable, but when perspective buyers find out there is one in effect??  They don't buy a place they can't do with what they please.

So if the owner of the land happens to be your wife then it is so. A contact between husband and wife. 

[MyFriend You]

2 minutes ago, puchooay said:

So if the owner of the land happens to be your wife then it is so. A contact between husband and wife. 

Okay ..... It is a Legal Document protecting the leaser, builder, House owner, so he/she can't be evicted until the end of the lease, 30years, or his life.  and from what else I have read, it must be done when the house is built, leased.  So for the sake of symantics, it could be a contract between the wife (land owner)& husband (house owner) or vice versa, but it is part of the Land Registration Paperwork.   but this thread has taken a turn.  It was originally the poster wanting to be paid back if they divorced and had to sell the ppty, basically getting 100% of the proceeds from the house as I read it.   Can't be done.