Husband needs to be present to purchase land?

[recom273]

The plot of land came up for sale next to ours in Khon Kaen. We live in Hat Yai, Songkhla.

 

Knowing the land, a small strip 2 hong .. we negotiated the price, I booked the flights for the wife, packed her on her way with the money.

 

The wife is the one buying the land, not me, its even her money. Last time, when we originally purchased the 3 hong. I just sat there like a spare p.. and signed a piece of paper.

 

She has just called me to tell me that the land cannot be purchased without my signature, true or false?

 

The best we can do today is, pay the woman, do some paperwork at the land office - We keep the Chanote and then change the name at a future date. 

This is the way we have to go, take a gamble, the land is cheap enough, if we dont buy the land, we will have to build a supporting wall to contain the earth the woman has dumped on the land, which would cost half the price of the land. 

 

Anyone have any words of warning regarding this?

 

Last time we paid a lawyer 5K to advise, looks like we should have done the same again.

 

Edited February 3, 2021 by recom273

[Mattd]

If the land is to be in your wife's name, the only reason that you would need to sign any document for the purchase of land as a foreigner would be to say that you are not entitled to claim 50% of this in the event of divorce.

Some land offices have been known to try to enforce this.

[recom273]

Just now, Mattd said:

If the land is to be in your wife's name, the only reason that you would need to sign any document for the purchase of land as a foreigner would be to say that you are not entitled to claim 50% of this in the event of divorce.

Some land offices have been known to try to enforce this.

 

All I know is that I had to be present - What a load of balls. I wonder how this country even operates on a daily basis sometimes.

 

It has to be legit, the woman is from the local or-ba-tor and her old man is the local politician, she cant pull any strings.

[Peterw42]

Yes, its a requirement.

Are you inside Thailand ?, If so there are possibly options to sign the document via mail etc, or give someone POA to sign for you etc. Maybe even sign at a local land office and they can send it on.

[recom273]

8 minutes ago, Peterw42 said:

Yes, its a requirement.

Are you inside Thailand ?, If so there are possibly options to sign the document via mail etc, or give someone POA to sign for you etc. Maybe even sign at a local land office and they can send it on.

 

Thanks.

 

Yes, that is one of the options - sign at a local land office, but it then a physical copy needs to be with the KKC land office. It could have been sorted before, but obviously a plant Vs zombie marathon was more important to the wife than doing a bit of research. What could go wrong? "I just need my ID card"  

 

I'm in Hat Yai, I can rush down to the land office but there is no way we can get the papers to the land office before she flies back tomorrow afternoon. 

 

Like I say, I can take a gamble, we will be in possession of the chanote, paperwork and receipt - we can change the name when direct flights resume or we finally move to start building.

 

 

Edited February 3, 2021 by recom273

[Peterw42]

18 minutes ago, recom273 said:

 

Thanks.

 

Yes, that is one of the options - sign at a local land office, but it then a physical copy needs to be with the KKC land office. It could have been sorted before, but obviously a plant Vs zombie marathon was more important to the wife than doing a bit of research. What could go wrong? "I just need my ID card"  

 

I'm in Hat Yai, I can rush down to the land office but there is no way we can get the papers to the land office before she flies back tomorrow afternoon. 

 

Like I say, I can take a gamble, we will be in possession of the chanote, paperwork and receipt - we can change the name when direct flights resume or we finally move to start building.

 

 

 

Maybe get your wife to go to the KK land office and you go to HY land office at the same time, make a phone call, the HY officer can confirm the document has been signed to the KK officer etc, they could even send a photo and assure them it will be sent in the mail.

Otherwise, why not just put down a deposit at this stage, sign a sales agreement to transfer when you are available etc. Possession of the Chanote means stuff all, the land office wont be giving any paperwork for a sale that didnt happen. 

[recom273]

12 minutes ago, Peterw42 said:

 

Maybe get your wife to go to the KK land office and you go to HY land office at the same time, make a phone call, the HY officer can confirm the document has been signed to the KK officer etc, they could even send a photo and assure them it will be sent in the mail.

Otherwise, why not just put down a deposit at this stage, sign a sales agreement to transfer when you are available etc. Possession of the Chanote means stuff all, the land office wont be giving any paperwork for a sale that didnt happen. 

 

Thanks for your continued input .. its much appreciated.

 

Yes, thats what I suggested straight off - it wont fly with the land office, they wouldn't accept a LINE photo.

 

Luckily, like I say when we originally bought the land - we paid a lawyer that I found through TVF - He was OK, kind of useless, but I think he earned his 5K charge, I suggested she call him from the land office, which she did under protest and he said exactly the same as you, there is no legally binding document that the land office can issue. He suggested everything can be done at his office tomorrow, give her 50%, sign a document of sale and change the title at a later date.

 

I still don't understand why I need to be present to buy some land that she's buying with her money that I have no entitlement to. TiT.

[MAF666]

I went through this process last month in Chanthaburi. 

It is a requirement that you relinquish all claim to property acquired during the marriage. Should you divorce, then you would be potentially entitled to to 50% of the property.

Easy to do, signatures, copies of passport etc.

Yes, you both have to attend the office together.

[thainet]

24 minutes ago, MAF666 said:

I went through this process last month in Chanthaburi. 

It is a requirement that you relinquish all claim to property acquired during the marriage. Should you divorce, then you would be potentially entitled to to 50% of the property.

Easy to do, signatures, copies of passport etc.

Yes, you both have to attend the office together.

This is CORRECT.

My wife and I have purchased over 20 properties over the past 25 years (Chiangmai, Chonburi/Pattaya, Rayong) and I have been required to physically sign in front of the official  (with Passport copy) every time.

 

For the OP...there is no way around this requirement to physically sign in front of the Land Office official.

 

PS.. I had the same problem many years ago (when I was overseas), so we gave the land owner 80% of the selling price and she gave us the original Chanoot (plus of course a signed document of the transaction details etc). When I arrived home we all went to the Land office, I signed, and she received her last 20%, plus a tip.

I would suggest this as the best method in your situation.

[recom273]

1 hour ago, thainet said:

This is CORRECT.

My wife and I have purchased over 20 properties over the past 25 years (Chiangmai, Chonburi/Pattaya, Rayong) and I have been required to physically sign in front of the official  (with Passport copy) every time.

 

For the OP...there is no way around this requirement to physically sign in front of the Land Office official.

 

PS.. I had the same problem many years ago (when I was overseas), so we gave the land owner 80% of the selling price and she gave us the original Chanoot (plus of course a signed document of the transaction details etc). When I arrived home we all went to the Land office, I signed, and she received her last 20%, plus a tip.

I would suggest this as the best method in your situation.

Thanks, yes, this is what is going to happen tomorrow. The solicitor will arrange a contract.
 

However, hoping this helps someone else in a post search - there is a way around it, the Khon Kaen land office would have been happy with my portion of the paperwork done at the Hat Yai, and my wife could have taken the completed form to the office. My presence wasn’t / isnt required, just a signature.

 

Its strange that you needed to sign it in front of an official, last time I sat in the waiting area, my wife brought the paperwork to me, I signed it, the only time I entered into the proceedings was when the woman wanted a selfie of the “farang” handing over the money. Different offices have different rules, of course.

 

I think the moral of the story, contact the office prior and see what they require rather than just presuming.