Property Transfer

[Dp1231]

10 years ago my thai girlfriend with whom I have a son purchased a house on installments from a developer with her farang boyfriend, after about 1 year of them making payments together my thai gf and her boyfriend split up and she continued making the payments on her own, now all of the payments are complete and the developer is saying in order to transfer the property to her name her ex boyfriend needs to sign some paperwork, the problem is she is unable to contact him to get the paperwork signed, I dont understand why the developer needs this paperwork signed as a foriegner can not have any property transfered into their name 

[ThailandRyan]

A foreigner can have the house in his name depending on how the finance was done with the developer, but the land can never be in his name.  It is a fallacy when people state that as a foreigner you cannot own the home.  What usually happens is the foreigner provides the money and the Thai buys the land . They then have a house built on it.  The foreigner then obtains a usufruct giving him the ability to stay in the house which he is half owner in with the GF on her land.  If the developer financed the build of the house, then the foreigner and the GF were listed on the paperwork together.  Hence the need for the foreigner to sign off on the paperwork.  If she can not get him to sign the paperwork releasing himself from the property she may need to go through a civil proceeding in court.  She needs to find a real-estate lawyer to run this by.

[Kenneth White]

It might be an issue with a warranty deed. In America a warranty deed some ways protects the second party. The legal issues are many. As some have already pointed out seek a good real-estate lawyer.

[AustinRacing]

What they ask for makes sense. A joint purchase should require both parties to sign a release otherwise in another case one party can sell the property and keep the money to her/himself, ripping off the other party. In this case he is entitled to something from the property as he’s contributed. It’d be interesting to see what the courts will say. My guess is they’ll ask for the other guy’s input. Look harder to find him. 

[Kwaibill]

4 hours ago, Kenneth White said:

It might be an issue with a warranty deed. In America a warranty deed some ways protects the second party. The legal issues are many. As some have already pointed out seek a good real-estate lawyer.

Just had an instance of this in AZ. I had a purchase agreement to sell my property there only to find a “cease and desist” order had been issued. I never received a notice of this, perhaps because they don’t deliver mail in the boonies and there were a couple of delays in renewing my post office box in town.

Then the title company said they needed to find the owner from two transactions earlier, though I have been the owner of record and paying taxes on it for about ten years. I’m pretty sure the same title company was involved ( new at the time) and also failed to find some back taxes were owed, which I simple paid to the county as it wasn’t much.

Fortunately the guy I bought the land from got the C&D quashed by the State realty dept., but have been thinking maybe should have gotten an attorney involved, though I lost about $ 180,000 in a prior deal where attorneys were involved.

[khunPer]

If the ex-boyfriend signed as guarantor – eventual registered on the title deed – the property might not be able to be transferred without his acceptance.

[AgMech Cowboy]

No clue. I think the developer is looking for a payoff. I guaranteed my wifes home, build by a developer, but she signed for everything. Other than the promise that I would pay that was it.

 

When she finished paying it off (with our money) at the bank, I was not included in any transfer meetings or signatures.

Edited May 20, 2023 by AgMech Cowboy

[AgMech Cowboy]

8 hours ago, AustinRacing said:

What they ask for makes sense. A joint purchase should require both parties to sign a release otherwise in another case one party can sell the property and keep the money to her/himself, ripping off the other party. In this case he is entitled to something from the property as he’s contributed. It’d be interesting to see what the courts will say. My guess is they’ll ask for the other guy’s input. Look harder to find him. 

You are completely wrong. There is no "joint purchase" of a home & land in Thailand.

[Dp1231]

On 5/20/2023 at 2:28 AM, AustinRacing said:

What they ask for makes sense. A joint purchase should require both parties to sign a release otherwise in another case one party can sell the property and keep the money to her/himself, ripping off the other party. In this case he is entitled to something from the property as he’s contributed. It’d be interesting to see what the courts will say. My guess is they’ll ask for the other guy’s input. Look harder to find him. 

We were able to contact the ex boyfriend and he has signed the document and sent it to it my girlfriend it should arrive next week, I had a Thai lawyer look over the document and he informed me that it is basically just saying he wont sue the developer if they transfer the house and land to her the document has nothing to do with the land office and will not be needed at the land office when transfering the property 

[ThailandRyan]

10 hours ago, Dp1231 said:

We were able to contact the ex boyfriend and he has signed the document and sent it to it my girlfriend it should arrive next week, I had a Thai lawyer look over the document and he informed me that it is basically just saying he wont sue the developer if they transfer the house and land to her the document has nothing to do with the land office and will not be needed at the land office when transfering the property 

Makes perfect sense now with your new update.  The developer wants to ensure he is protected if things were to go south and wants to be indemnified. Thank you for the update.