Is removing a deceased husband's name from a condo deed required by Thai law?

[miketu]

Hi all, I have a question about Thai law regarding selling a condo if a co-owner spouses dies.

 

I have a friend from the UK of whom she and her husband (both UK citizens) own a condo in Thailand which is registered in both of their names on the deed.  The husband died several months ago.  A Thai lawyer is telling my friend that before she can sell the condo she has to remove the deceased husband's name from the condo deed. 

 

The lawyer indicated that removing the deceased husband's name from the deed is required by Thai law before the condo can be sold.  Is this true? 

 

Edited January 8, 2023 by miketu

[soi3eddie]

I would suspect it to be true but would get a second opinion from another lawyer just to be sure. You may want to check that there is a will in place stipulating what happens to the deceased spouses share of the property as it may not automatically pass to the surviving spouse. Additionally ask advice on whether or not the deceased's name can be removed from the title deeds without the surviving spouse having to show funds from overseas coming in to assume 100% ownership. There may be some exception due to death (best to check). When I divorced, I had to bring 50% in from overseas again before the Land Department would remove ex-wifes name from title. Again, definitely try another lawyer and an experienced top tier law office is advised.

 

[Srikcir]

6 hours ago, soi3eddie said:

I would suspect it to be true but would get a second opinion from another lawyer just to be sure. You may want to check that there is a will in place stipulating what happens to the deceased spouses share of the property as it may not automatically pass to the surviving spouse. Additionally ask advice on whether or not the deceased's name can be removed from the title deeds without the surviving spouse having to show funds from overseas coming in to assume 100% ownership. There may be some exception due to death (best to check). When I divorced, I had to bring 50% in from overseas again before the Land Department would remove ex-wifes name from title. Again, definitely try another lawyer and an experienced top tier law office is advised.

 

Yes. Good advice.

Thailand distinguishes foreign ownership from Thai ownership. Unlike typical Western nations that treat foreigners as equals to their citizens with regard to property ownership. So unique estate transfer rules apply pending what an owner's or partial owner's will provides.

[scorecard]

4 hours ago, Srikcir said:

Yes. Good advice.

Thailand distinguishes foreign ownership from Thai ownership. Unlike typical Western nations that treat foreigners as equals to their citizens with regard to property ownership. So unique estate transfer rules apply pending what an owner's or partial owner's will provides.

There's 2 legal situations in Thailand on this subject:

 

- If the deceased has left a valid will then whatever is stated in the will regarding bequeating of aseets (e.g. condo) is applied automatically by the court when the court is requested to issue any courts orders aligned to the specifics in the will. The court cannot change the beneficiary details in the will. 

 

- If the deceased dies ''intestate'  (did not leave a will) then this situation is covered very specifically by Thai law as to who receives what and in what %'s. This must be followed by the court, the family the court cannot add or subtract beneficiaries or the % benefits they are entitled to by this law. This law is part of the Commercial Code of Thailand.

 

It is possible that someone can lodge a case for the will to be changed. This has happened many times in Thailand in very extreme circumstances but is rarely successful (probably involving some long-term family feud or minor wives).

[miketu]

Today the lawyer said that regardless of whether a surviving spouse is a Thai citizen or foreigner the same law applies:  The name of the deceased spouse must be removed from the property deed of the condo/house co-owned by the two spouses before the condo can be sold by the surviving spouse. 

 

I don't think this is true and I'm trying to verify if it is true?

[MikePBrown]

Hi - I have no legal knowledge on the issue but having dealt with various issues since my wife passed on, I would be certain that to remove his name from the deed or sell in joint names will require a Thai Court Order empowering the executors of his Will to carry out the wishes stated in the Will. If he died without a Will (either UK or Thailand) or with a UK Will but not a Thai Will this will be more complicated. My guess is that the lawyer advising knows this and wants the issue resolved before selling by first transferring the property to his wife (i.e. the court order will be required for the transfer). Just a side thought but if the husband had owned 100% of the Condo would the lawyer be saying it has to be transfer first before selling??

[soi3eddie]

Just a thought; has the OP's friend actually been to the Land Department and asked them what they require and the procedure? Might be a good place to start.

 

[scorecard]

34 minutes ago, soi3eddie said:

Just a thought; has the OP's friend actually been to the Land Department and asked them what they require and the procedure? Might be a good place to start.

 

Good point. There are national laws on this subject but like many items in Thailand local offices often have and use their own interpretation.