Funds to buy house - question about transfer or cheque

[lordmullin]

Hi, I have a feeling I've seen something before, about buying a property (I understand and accept the Thai-owns-the-land/Farang-owns-the-building principle) in which the Farang cannot be seen to transfer the money to his wife's account, to buy the property....? Something about signing a waiver, renouncing all claim to that money...?

I would like to just transfer the money to the seller, but apparently that's not the way.

Anyone with a firm grip on this please advise! Many thanks ????

[chalawaan]

Can't offer help, but watching the responses with interest. 

I will buy a property from a relative of my girlfriend then, when it's all done at the land property office, that money will transfer to her, she manages the relatives bank account as he's elderly. so that will happen, the reason for this subterfuge is his side of the family have disowned him, she's his sole carer and has been for 15 years, and now the relatives want to get their hands on it when he dies, so this is the only way to avoid ugly probate tussles even though he willed her the property. 

I'm looking for pitfalls in the plan. The property, a condo, will transfer from him into both our names. The proceeds will go to renovation, and his ongoing care until he passes. We will rent the property as we already have our own gaff.

Edited September 21, 2021 by chalawaan

[stubuzz]

 A declaration renouncing all claims to the property will have to be made at the Land Office.

[lordmullin]

Thanks Stu and Chalawaan.

Stu, can I ask please: do you mean I have to renounce all claim to the property, if I funnel the cash through my wife's account?

Thanks again.

[Peterw42]

OP, you would just transfer the money to your wife's account, nobody is looking into her account or the source of the funds. (there is no law against gifting money to your wife)

Your wife pays with a cashiers cheque (at the land office) and you sign a document saying your wife is buying a house with her own money.

The whole idea of the document is so you cant use your wife as a proxy to buy land. The land office are not stupid and will probably know its your money (or was) etc, they dont really care, that is the point of the document, as the document says otherwise.

Edited September 21, 2021 by Peterw42

[jazzdog32095]

6 hours ago, lordmullin said:

renouncing all claim to that money...?

Reread that ten times. Thats what you are doing and your wife gets a free house per design. My GF has tried and tried and every time I play her Milk Cow Blues by George Strait.   Don't listen to any gut-hooked victims here that already have taken the bait hook, line & sinker.

 

Well I woke up this mornin', looked outdoors
I can tell my milk cow, I can tell by the way she lows
If you see my milk cow, please drive her on home
'Cause I ain't had no milk and butter since that cows been gone

Well you gotta treat me right honey day by day
Get out your little prayer book, get down upon your knees and pray
'Cause you're gonna need me, you're gonna need my help someday
Lord you're gonna be sorry, oh, you treated me this a way
Aw, now take it away boys

Sail on, sail on, sail on little gal, sail on, sail on, sail on, sail on little gal, sail on
You're gonna keep right on sailing till you lose your happy home
Well good evening, don't that sun look good going down
I said well good evening, don't that sun look good going down
Don't that ol' army cot look lonely when your lover ain't no place around

Well I tried everything baby to get along with you
Now I'm gonna tell you what I'm gonna do
I'm gonna stop my crying, gonna leave you alone
And if you don't think I'm leavin' big momma
Just count the days I'm gone
You ain't gonna see me, you ain't gonna see my sweet face no more
Lord you gonna be wondering honey where in this world I've gone
Milk Cow Blues

 

[lordmullin]

Wow... okay, lots to think about - but what's this I read about the house being in the Farang's name and the land being in the Thai's name?

I would be okay with that - is that not fairly straightforward?

The way some people talk about it (friends over there) there's a kind of mutual security about it; neither party can sell their part of it, without the agreement of the other - is this not true?

Thanks again ????

[stubuzz]

18 hours ago, lordmullin said:

Thanks Stu and Chalawaan.

Stu, can I ask please: do you mean I have to renounce all claim to the property, if I funnel the cash through my wife's account?

Thanks again.

You will have to renounce all claim to the property wherever the money comes from.

[lordmullin]

Thanks Stu - any advance on this bit: ?   'what's this I read about the house being in the Farang's name and the land being in the Thai's name? '

[siam dreamers]

In all the land and property I have purchase with my wife I have had to sign a Letter of Confirmation in the land office that reads something like this attachment. No one in the land office ever cared where the money came from, except that it was no longer mine, that was an exchange between the buyer and seller. 

As a side note: this is a very simple matter in the land office in Thailand  but almost impossible and expensive to complete once I am  back in the states. If we are considering a purchse and I will not be in country on the date of transfer we bring  a  "Letter of Confirmation"  signed and stamped before I leave the country. Saves a Whole lot of trouble for about 20 Baht.

[lordmullin]

Thanks for that - it's all pretty grim reading!

How come I keep hearing that 'a Farang can buy a condo, but only buy a house if the land is owned by the Thai and the building that sits on it, is owned by the Farang'?

None of what you guys are saying sounds like that ????

I really appreciate the input, by the way - if there's any more I need to hear it!

[jazzdog32095]

On 9/22/2021 at 11:40 PM, lordmullin said:

On 9/22/2021 at 11:40 PM, lordmullin said:

Thanks for that - it's all pretty grim reading!

How come I keep hearing that 'a Farang can buy a condo, but only buy a house if the land is owned by the Thai and the building that sits on it, is owned by the Farang'?

None of what you guys are saying sounds like that ????

I really appreciate the input, by the way - if there's any more I need to hear it!

Thanks for that - it's all pretty grim reading!

How come I keep hearing that 'a Farang can buy a condo, but only buy a house if the land is owned by the Thai and the building that sits on it, is owned by the Farang'?

None of what you guys are saying sounds like that ????

I really appreciate the input, by the way - if there's any more I need to hear it!

On 9/21/2021 at 9:23 PM, lordmullin said:

renouncing all claim to that money...?

Reread that ten times. Thats what you are doing and your wife gets a free house per design. My GF has tried and tried and every time I play her Milk Cow Blues by George Strait.   Don't listen to any gut-hooked victims here that already have taken the bait hook, line & sinker.

 

Well I woke up this mornin', looked outdoors
I can tell my milk cow, I can tell by the way she lows
If you see my milk cow, please drive her on home
'Cause I ain't had no milk and butter since that cows been gone

Well you gotta treat me right honey day by day
Get out your little prayer book, get down upon your knees and pray
'Cause you're gonna need me, you're gonna need my help someday
Lord you're gonna be sorry, oh, you treated me this a way
Aw, now take it away boys

Sail on, sail on, sail on little gal, sail on, sail on, sail on, sail on little gal, sail on
You're gonna keep right on sailing till you lose your happy home
Well good evening, don't that sun look good going down
I said well good evening, don't that sun look good going down
Don't that ol' army cot look lonely when your lover ain't no place around

Well I tried everything baby to get along with you
Now I'm gonna tell you what I'm gonna do
I'm gonna stop my crying, gonna leave you alone
And if you don't think I'm leavin' big momma
Just count the days I'm gone
You ain't gonna see me, you ain't gonna see my sweet face no more
Lord you gonna be wondering honey where in this world I've gone
Milk Cow Blues

 

[talahtnut]

Simples really, send the money to the missus' bank, let her do all

the legal stuff, you sign nothing, keep away from paper with funny

writing on it. Done it twice, its easy, but remember, be nice to her

or else!

With luck she'll put you in the Tabienbahn.

Edited September 23, 2021 by talahtnut
addition

[LarrySR]

Looking forward to the following topic:

I paid for the land in her name.

I paid for the house. I own the house, right?... but now......we are getting divorced.

Can I dismantle the house & take it with me?

Her brother threatened to have me killed. 

Does anyone here know a good lawyer?

 

[dinga]

2 hours ago, LarrySR said:

Looking forward to the following topic:

I paid for the land in her name.

I paid for the house. I own the house, right?... but now......we are getting divorced.

Can I dismantle the house & take it with me?

Her brother threatened to have me killed. 

Does anyone here know a good lawyer?

 

No doubt plenty of Bush Lawyers & Bar Stool experts will chime in to the contrary, but my clear understanding is a formal divorce process usually involves a 50 : 50 division of real assets obtained during the marriage ie.  the house & land should either be sold or your (ex) wife pays you 1/2 the value of it.  This is regardless of (1) whose name is recorded as the "owner" at the Land Office; (2) any declaration made about the source of the funds to purchase the land; (3) whether or not any Habitation Agreement and/or Usufruct  has/have been registered.

 

Certainly go see a lawyer to get your legal position confirmed based on the FACTS

 

Chok Dee 

[lordmullin]

Dinga - kop khun khap ????