I own the condo but nobody lives in it

[think_too_mut]

Back in 2008. I bought a condo in a complex, Bang Na. All by the book, the developer opened my Thai bank account solely for money transfer. All I have is the contract,  my name in it.

 

Now, my Thai wife inquired, appears that nobody lives in the condo although we pay all the bills for maintenance, the invoice comes to my email address. There were 3 years we had never went there. Both wife and our daughter (16 years old) are in house papers of my wife's home in Wang Nam Yen, Sa Kaew. They have Thai IDs stating that.

Could be a question how to legalize my daughter (a Thai national) to be moved from the sticks' house papers and become the owner of the condo. No yellow or blue books, we have nothing. All blank. We live (green card) in Japan. For health reasons, my wife is banned from taking a plane to Thai (or to anywhere).

 

Would engaging a lawyer in Thai be needed?

[blackcab]

20 minutes ago, think_too_mut said:

Would engaging a lawyer in Thai be needed?

 

No. You don't need a lawyer, but you will need someone who knows what they are doing.

 

The first thing to do is ascertain who is the registered owner of the condo. This will require a visit to the Land Office, which in your case is on Srinakarindra Road in Bangkok.

 

Assuming you are the owner, you will next have to obtain a duplicate title deed, which can be a somewhat lengthy process.

 

Once you have the replacement title deed you can obtain a replacement blue book from the Bang Na District Office on Thang Rot Fai Sai Kai Road.

 

You will need separate police reports to report both the title deed and the house book lost.

 

You can then gift the property to your daughter using a deed of gift, which has the benefit of greatly reduced Land Office taxes.

 

You should be able to do all of this from abroad, however you will have to visit the Thai Embassy in Japan to have your signature witnessed on a Land Office power of attorney form.

[think_too_mut]

Thank you, blackcab.

 

According to my wife, all we need is to transfer their house papers from Wang Nam Yen to have them listed as the inhabitants of that condo that I bought. And their Thai IDs changed to the new address.

Just asked her, she might be ill informed, she claims, it can be done on the floor,  the house papers moved, all from Bangkok, but nobody travels now.

I am not into protecting my property, why would I do that,  my wife and daughter can have it all, that is what I actually want. Not like now, nobody lives in the condo.

[blackcab]

Your family will not be able to change house books if they physically do not have the house book of the condo to present to the District Office. You will have to obtain a replacement book first.

 

You will not be able to obtain a replacement book without an original copy of the sale contract issued by the Land Office, and sometimes the original title deed (or a replacement).

 

You will not be able to sell or gift the condo without the original title deed.

 

By all means have as go and see how you get on.

[Haveasay]

Rent it out?

[LukKrueng]

18 hours ago, think_too_mut said:

Thank you, blackcab.

 

According to my wife, all we need is to transfer their house papers from Wang Nam Yen to have them listed as the inhabitants of that condo that I bought. And their Thai IDs changed to the new address.

Just asked her, she might be ill informed, she claims, it can be done on the floor,  the house papers moved, all from Bangkok, but nobody travels now.

I am not into protecting my property, why would I do that,  my wife and daughter can have it all, that is what I actually want. Not like now, nobody lives in the condo.

I think you are confusing 2 issues here. The ownership of the property is registered on the chanot, title did. Transferring the ownership to your daughter must be done at the relevant land office. If you are not there physically you have to sign a power of attorney for someone to act on your behalf. If your daughter can't be there - same thing - she must sign a power of attorney for someone to act on her behalf. The blank document should be acquired at the land office, not a standard POA from a bookshop or any other source. 

2 issues here: 1. I never heard of a case where both buyer AND sellers (in your case giver and receiver) of a property not present. 

2. Your daughter is a minor, not sure if she can give POA

 

The blue/ yellow books are only official (or registered) address of a person. Every Thai person must be recorded in such blue book from birth, and can only be registred in one book at a time. Having your daughter's address officially changed to be the condo does not make her the owner of the condo, nor give her any rights over it. 

[blackcab]

2 hours ago, LukKrueng said:

1. I never heard of a case where both buyer AND sellers (in your case giver and receiver) of a property not present.

 

This is quite possible, and somewhat easier if the transfer is a deed of gift. The land office are primarily concerned about the seller being deceived and the money vanishing. In this case the transfer would be between family and treated as a gift, so there would be no money involved (other than the fees required by the land office).

 

2 hours ago, LukKrueng said:

2. Your daughter is a minor, not sure if she can give POA

 

A parent can sign the POA on behalf of the child. In this case, the land office might ask for the mother to represent the child as the father would be the benefactor. Again, there shouldn't be any resistance from the land office as this would be a deed of gift to the owner's child.

[KKr]

Personally, in a situation like this, I would talk with a recommended Broker who has usually a good relationship with the Landoffice. 
That would probably be more realistically priced than a Lawyer's hourly fees.

[onekoolguy]

You might want to check to see if you owe anything for HOA fees or utilities etc.

Kind of important if management has no way to contact you?

Don't know about here but We used to buy many HOA leins in the usa.

[IraqRon]

sounds fishy to me, are you sure the wife hasn' moved someone into the condo without your knowledge,  a cousin or brother perhaps, or maybe just a random renter? 

[onekoolguy]

One other thing to consider since you are going to transfer to the name of a minor.

Minors can own property but they cannot sell or transfer property themselves.

If there is any possibility that the property may be sold encumbered or transfered before your daughter turns of legal age you might want to discuss with an attorney?

I would use a trust with an adult or company as trustee, but not sure of title law here?

[blackcab]

1 hour ago, onekoolguy said:

I would use a trust with an adult or company as trustee, but not sure of title law here?

 

Trusts for this purpose are not permitted in Thailand.

[BTB1977]

Banned from flying to Thailand. 555 

Most people's  description would be due to health problems  or doctors orders she can not fly.