Buying a home, document needed

[HomeinThailand]

I seeking clarification and understanding.  My wife and I are in the process of buying a home.  I have just been informed that I need to present myself to a Thai consulate because of this.  Apparently is has to do with us being married and my wife chose to use my last name.  From my understanding the form will be presented to the Land Office.   We are dealing directly through the bank and buyer.  I am currently out of country working, hence the reason I have to go to a Thai consulate.  I am getting vague help from the bank, just go the consulate and say your wife is buying a home.  They will know what you need.  I don't know what I need.  I know that I cannot own land. I get it.  What exactly is this form/document?  Help.  

[Kenny202]

I hate people who reply to threads and dont know the answer, and this time nor do I never having done this before. But in this case it sounds like it would be well and truly in ur interest, as in Thai law you are entitled to half of anything you both accumulate after marriage. Sounds like this document would ratify that

[Peterw42]

Its not to do with wife using your name, its to do with you not being able to own land. Its something along these lines, Wife is buying land inside a marriage and that land in theory is a marital asset and therefore subject to a 50/50 split in a divorce etc. You cannot own land so you need to sign away marital rights to the land. The land becomes the personal non-marital property of the wife.

Basically to stop foreigners owning land via divorce and/or their wifes being proxy owners on their behalf. 

A few years ago Thai women couldn't buy land if married to a foreigner for the same reasons.

 

http://www.thailawonline.com/en/property/letter-of-confirmation.html

Edited May 8, 2019 by Peterw42

[cornishcarlos]

Never signed anything when buying our 4 different plots of land !!

Mind you, my wife still has her maiden name on all official documents.

Maybe its like a lot of things here, varies from office to office ??

[ThomasThBKK]

10 minutes ago, cornishcarlos said:

Never signed anything when buying our 4 different plots of land !!

Mind you, my wife still has her maiden name on all official documents.

Maybe its like a lot of things here, varies from office to office ??

That's good for you! Now if u divorce you have a claim to half of these assets. 

 

So all good. Never ever sign those docs at the land office, it's not illegal not to do it. But they try to trick you into doing it. 

 

There's nothing good for you todo it. 

[HomeinThailand]

1 hour ago, Peterw42 said:

Its not to do with wife using your name, its to do with you not being able to own land. Its something along these lines, Wife is buying land inside a marriage and that land in theory is a marital asset and therefore subject to a 50/50 split in a divorce etc. You cannot own land so you need to sign away marital rights to the land. The land becomes the personal non-marital property of the wife.

Basically to stop foreigners owning land via divorce and/or their wifes being proxy owners on their behalf. 

A few years ago Thai women couldn't buy land if married to a foreigner for the same reasons.

 

http://www.thailawonline.com/en/property/letter-of-confirmation.html

Peter,

Thank you very much.  Now how to figure out how to get this form, get it signed/notarized and to Thailand.  

[Kenny202]

Does this mean hed be signing away his right to 50% of the land if they divorced?

[Peterw42]

8 minutes ago, HomeinThailand said:

Peter,

Thank you very much.  Now how to figure out how to get this form, get it signed/notarized and to Thailand.  

The link in my first post has a blank template you could print., once notorised at embassy you could probably scan and email, depending on land office.

[Peterw42]

8 minutes ago, Kenny202 said:

Does this mean hed be signing away his right to 50% of the land if they divorced?

That is the idea behind it. It sort of makes sense as foriegners could be marrying and divorcing to get ownership or control if land.

I dont think its applicable if you do company ownership.

[BritManToo]

2 hours ago, Peterw42 said:

Its not to do with wife using your name, its to do with you not being able to own land. Its something along these lines, Wife is buying land inside a marriage and that land in theory is a marital asset and therefore subject to a 50/50 split in a divorce etc. You cannot own land so you need to sign away marital rights to the land. The land becomes the personal non-marital property of the wife.

Basically to stop foreigners owning land via divorce and/or their wifes being proxy owners on their behalf. 

A few years ago Thai women couldn't buy land if married to a foreigner for the same reasons.

Marriage law trumps property law in Thailand.

So you aren't signing anything away as it isn't valid in a divorce.

(Unless she can prove the house was purchased with her own money, paper trail would be required)

 

I signed it, and I still got the house.

Edited May 8, 2019 by BritManToo

[Peterw42]

1 minute ago, BritManToo said:

Marriage law trumps property law in Thailand.

So you aren't signing anything away as it isn't valid in a divorce.

 

I signed it, and I still got the house.

You ended up owning land in Thailand, in your name ?

 

[BritManToo]

Just now, Peterw42 said:

You ended up owning land in Thailand, in your name ?

 

I ended up with an Amphur divorce paper saying the house is mine.

I'm happy enough with that.

[Kenny202]

11 minutes ago, Peterw42 said:

That is the idea behind it. It sort of makes sense as foriegners could be marrying and divorcing to get ownership or control if land.

I dont think its applicable if you do company ownership.

It doesnt make sense because if a farang inherits land or obtains through divorce they have one year to sell it

[BritManToo]

2 minutes ago, Kenny202 said:

if a farang inherits land or obtains through divorce they have one year to sell it

Not enforced.

[Peterw42]

4 minutes ago, BritManToo said:

I ended up with an Amphur divorce paper saying the house is mine.

I'm happy enough with that.

Thats owning a structure on someone else's land, so the document was valid in the divorce, you didnt end up with half the land as a marital assets. The document is to do with land being a non-marital asset, not a car, structure etc, that is sitting on the land.

[Peterw42]

12 minutes ago, Kenny202 said:

It doesnt make sense because if a farang inherits land or obtains through divorce they have one year to sell it

I think Inheriting and divorce are two different things, I think inheriting the land it sits in probate then gets sold and you get the proceeds. Divorce, as above you dont get anything because you signed the document.

People use the term owning a house to refer to owning a structure, on someones else's land with userfruct/lease to accces the land.

[Delight]

Usually in the event of adivorce if the foreigner can prove -via and audit trail- that the money was his prior to marriage then the whole thing belongs to him.

You will need a good lawyer.

In such circumstances the house will need to be sold within 12  months.

Maybe the entire property  can to transferred to a company.

That is just a maybe.

Edited May 8, 2019 by Delight

[poobear]

Hello I have had to sign and submit a Letter of Confirmation all four times when buying land in Prachuap Khiri Khan with the exception of when we transferred land from my wife mothers name to hers. As a side note, the only reason it was in her mothers name is my twice notarised letter of confirmation sent from the states with out going through the embassy was rejected and we HAD to purchase the land with some one else.

This has been a real pain for us every time we purchase land when I am out of the country. If I am in country buying land, or even thinking about a future purchase, we bring a copy of the chanot and sign the Letter of Confirmation at the land office for about  $.75 before I return home. you can do the even if you think you may be buying land

 

Your situation is different an in my experience much more complicated due to the fact you are out of the country and most consulates have never ever heard of this before and are little help unless you can go in person with the proper document.

This is what I have had to do in the states:

1. download the form

2. get it notarised. do not let a notary tell you they cannot notarise foreign document. Of course they can as they are only notarising your signature.

3. Get the notaries signature notarised again (or what ever they call it at the town hall) to confirm the first notary is legal and registered. (This was also required by the consulates.) I don,t know why and I don't make this crap up

4. Bring this to the embassy and have them sign and stamp.

5. DHL paper to Thailand.

6. Try never to have to do this again, stay cool and good luck and good luck

 

The letter of confirmation I always sign was in both Thai english

https://www.samuiforsale.com/family-law/ministerial-regulation.html