Inherit condo, girlfriends will - "PERMANANT " resident or not - have to sell within 1 year

[TigerCat]

john donson "ask girlfriend to put you a totally free usufruct... problem solved... 70 baht"

 

I just read on the thread attached that Samut Prakarn Land Department won't do it, and I am in Samut Prakarn.  

 

 

[thaibeachlovers]

On 3/26/2024 at 1:13 PM, TigerCat said:

Mike Lister 

I don't see anyway to reply "directly" to a comment. How can I do that?

 

I didn't overlook what you wrote, I just didn't understand what it had to do with my inheriting the condo.

 

So if I herniate the condo, even if I am not a permanent  resident, I do not have to sell the condo because it is not even close to 49% foreigner owned. 

 

That's good to hear. (Although the websites saying I'd have to be a permanent resident confuse me.)  Thank you for your replies.  

You use the "quote" box at the bottom of a post.

 

I'm confused by what you are saying.

 

Far as I understand it from the other posters, if her condo is in the Thai quota, you have to sell, unless you can get it transferred into the farang quota.

 

Perhaps you need to consult an actual expert on such things, and get it in writing.

 

Anyway, unless she is older than you, or is dying of some disease, are you not being somewhat hasty. If she is your girlfriend, as opposed to a wife, it may happen that you are no longer her boyfriend, and she will change her will. I don't even understand why she would will her condo to you, unless you bought it for her, and that's a trap many a poster on here knows all to well, at their detriment.

[thaibeachlovers]

On 3/26/2024 at 5:57 PM, Liverpool Lou said:

Another dishonest, ill-informed, scaremongering "warning" that has no credibility in general.

No, it's not. It's the best advice I was ever given, speaking as a divorced from a "Thai that wanted me to buy her a house" man.

[thaibeachlovers]

On 3/28/2024 at 3:45 AM, namatjira said:

Ever heard of that law being enforced ? NO...... never 

Which doesn't mean that it never will. Thais are tightening up on farangs abusing Thai laws, so there are no guarantees they will look the other way in future.

[TigerCat]

Mike Lister I have been clicking the "quote" box, I don't know why it doesn't work for me. 

 

The condo complex is not over 49% foreign owned, not even close - and because of that a lawyer told me I do not have sell, and he is 100% sure of that.

But than I emailed him the PERMANENT resident question, and he never replied. 

 

She's my girlfriend and she is younger than me. I'll probably pass before her, but I'd still like to know the laws are on this. 

 

We've been together more than 10 years, We have each other in each others Wills.  I know many people say don't trust a girl, but I trust her.  

 

 

[rgrdns]

Might help...

Condominium Act of 1999

Section 19 (1): Aliens and Juristic persons which the law treats as aliens may own a condominium unit if they qualify as one of the following types of aliens or juristic persons:

     (1)  An alien who has been permitted to stay in the kingdom as a resident under the laws of immigration.

     (2)  An alien who has been permitted to enter the Kingdom under the laws on promotion of investment.

     (3)  A juristic person as prescribed under Sections 97 and 98 of the land code, which has been registered as a juristic person under Thai law.

     (4)  A Juristic person who is an alien under Announcement of the National Executive Council No. 281, dated 24 November B.E. 2515, and which has received a promotion certificate under the laws on promotion of investment.

(Replaced in 1999 by the following:)

     (5) Aliens or juristic persons deemed by Thai law to be aliens, who have brought into the Kingdom foreign exchange or withdrawn the money from the non-resident Baht account or withdrawn the money from the foreign currency deposit account."

(Replaced in 1999 by the following:)

(The above Paragraph 2 was repealed in 2004 in accordance with the following from Amendment # 3, Section 9, of the Condo Act –2542 (1999))

 

Section 19 bis was further repealed and replaced by the following in 2008: 

 “SECTION 19 bis  Alien or juristic persons stated in Section 19 may have ownership in a condominium unit, when added together, must not exceed forty-nine percent of the total space of all units in that condominium at the time of applying for the condominium to be registered under Section 6.”

 

Section 19 (3): To transfer ownership of a condominium unit to an alien or a juristic person as stated under Section 19, the transferor of ownership in the condominium unit shall give the names of the aliens or juristic persons as stated under Section 19 and the ratio of the area of the condominium units of which aliens and juristic persons have ownership to the competent official, and the alien or juristic person who applies to accept the transfer of ownership in the condominium unit shall provide the following evidence to the competent official:

 

(1)  An alien prescribed under Section 19(1) shall produce evidence of a permit to hold residency in the kingdom under the laws on immigration.

(2)   An alien prescribed under Section 19(2) shall produce evidence of a permit to enter the kingdom under the laws on promotion of investment.

(3)  A juristic person prescribed under Section 19(3) shall produce evidence of being registered under Thai law.

(4)  A juristic person prescribed under Section 19(4) shall produce evidence of being a holder of a promotion certificate under the laws on promotion of investment.

 (Replaced in 1999 by the following:)

(5)  An alien or a juristic person as prescribed under Section 19(5) shall produce evidence of having imported foreign currency into the Kingdom or evidence of withdrawal from a deposit account of Thai Baht of a person having residence abroad or evidence of withdrawal from a deposit account of foreign currency in the amount of not less than the price of the unit to be purchased.

    

Section 19 quarter further repealed and replaced in 2008 by the following:

“SECTION 19 (quarter)  the competent official shall receive the documents and evidences submitted according to Section 19 tri and verify accordingly.  If it is found that they are correct subject to the provisions of Section 19 tri and that the proportion of ownership in condominium units held by aliens or juristic persons under Section 19, who is already had ownership in condominium unit or that applying for receiving the transfer of the ownership of the condominium units, not exceeding the proportion as allowed by Section 19 bis, the competent officer shall proceed with the registration of rights and juristic act concerning the condominium unit in accordance with Chapter 4 in favor of the alien and juristic person who is a transferee."

 

Section 19 (quinque) An alien or a juristic person prescribed under Section 19 shall dispose of the condominium unit under the following circumstances:

 

Was further repealed and replaced in 2008 by the following:

 

“(1)  Aliens or juristic persons under Section 19 obtaining the condominium unit devolved upon him by statutory right or by will or by other means as the case may be, when added to the condominium units, in that condominium, having been already held by aliens or juristic persons under Section 19 exceeding the proportion as specified in Section 19 bis.”

 (2) When an alien prescribed under Section 19(1) has had his/her residency in the Kingdom revoked or when his/her Certificate of Alien Residency is not valid.

(3) When an alien prescribed under Section 19 (1), (2) or (5) has been exiled out of the Kingdom and has not been granted leniency or has been sent out of the Kingdom to work instead of being exiled.

     (4) When an alien prescribed under Section 19(2) is not permitted by the board of investment to remain in the Kingdom.

     (5) When the promotion certificate of a juristic person prescribed under Section 19(4) has been revoked.

 

An alien or juristic person who is required to dispose of a condominium unit under the preceding paragraph must give written notice to the competent official within 60 days of the date of the preceding paragraph having occurred. (Penalty – See Section 66)

 

Under Sub-section (1) the condominium unit, which causes the ratio to be exceeded, shall be disposed of. Under Sub-sections (2), (3), (4) and (5) all the condominium units owned by the alien shall be disposed of.

 

Disposal of a condominium unit under paragraph three shall be made within a period of not more than one year from the date of the ownership of the condominium unit, the date the residence permit has been revoked, the date the certificate of residency has been invalidated, the date of exile, the date the board of investment revoked the permit to stay in the Kingdom, or the date the promotion certificate has been revoked, as the case may be. If it is not disposed of within the stated period of time, the Director-General of the Lands Department shall have the authority to dispose of the condominium unit, and the provisions relating to enforcement of the disposal of land under Chapter 3 of the Land Code and Ministerial Regulations issued under the code shall apply mutatis mutandis to the disposal of the condominium unit.

 

Section 19 (6): When a competent official orders the revocation of a residency permit in the Kingdom, when it is evident to a competent official that a Certificate of Residency of an alien is not valid as required under Section 19(1), when a competent official orders the exile out of the Kingdom of an alien as prescribed under Section 19(1), (2) or (5), when the permit to stay in the Kingdom of an alien as prescribed under Section 19(2) is revoked, or when there is a revocation of a promotion certificate for a juristic person as prescribed under Section 19(4), as the case may be, the competent official shall notify the Director-General of the Lands Department within 60 Days from the date of the order or the date of learning such fact.

Section 19 (7) An alien or a juristic person which the law treats as an alien, except one prescribed under Section 19, which has acquired a condominium unit through inheritance as legitimate heir or legatee of a will or through any other means, as the case may be, shall give written notice to the competent official within 60 days from the date of ownership of the condominium unit and shall dispose of that unit within a period of not more than one year from the date of acquiring possession of the unit. If it is not disposed of within such period of time, the provisions of Section 19(5), paragraph four, shall apply mutatis mutandis. (Penalty – See Section 66

Section 19 (8) Whoever acquires ownership of a condominium unit while holding Thai nationality but later loses Thai nationality by waiving Thai nationality, nationalization or having Thai nationality revoked under the laws on nationality and is not an alien as prescribed under Section 19 shall notify the competent official of the loss of Thai nationality and the fact that ownership of the condominium unit may no longer be held within 60 days of the date of loss of Thai nationality. The condominium unit shall be disposed of within a period of not more than one year from the date of loss of Thai nationality. If it is not disposed of within such period of time, the provisions of section 19(5), paragraph four, shall apply mutatis mutandis. (Penalty – See Section 66

 

 “SECTION 19 novem  Any person who obtains an ownership in a condominium unit whist enjoying the Thai nationality and subsequently loses it because of relinquishment, change or annulment of the Thai nationality, in accordance with the nationality laws and consequently becomes an alien under Section 19 and if he wishes to continue to hold the ownership in the condominium unit, he shall have to notify in writing to the competent official of the loss of his Thai nationality. He must also present the evidence proving that he is an alien under Section 19, to the competent official within one hundred and eighty days from the date of the loss of his nationality. However, if the ownership in condominium unit of that person exceeding the proportion as allowed by Section 19 bis, such person shall dispose of the excess unit(s) within one year from the date of the loss of his Thai nationality. If he failed to dispose of within the said time, the provisions of Section 19 quinque, paragraph four shall apply mutatis mutandis.” (Penalty – See Section 66

(Original version in 1979 was as follows)

Section 19 (10): When a Thai juristic person which owns a condominium unit has its juristic status changed to that of a juristic person the law treats as an alien and is not a juristic person prescribed under Section 19, the competent official shall be notified of the change in status and the fact that the juristic person is not qualified to own that condominium unit within 60 days from the date of the change of status. The condominium unit must be disposed of within a period of not more than one year from the date of the change of status. If it is not disposed of within such period of time, the provisions of section 19(5), paragraph four, shall apply mutatis mutandis. (Penalty – See Section 66)

Section 19 (11): When a Thai juristic person which owns a condominium unit has its juristic status changed to that of a juristic person the law treats as an alien juristic person and is a juristic person which may own a condominium unit as prescribed under Section 19 wishes to own that unit further, the competent official shall be notified in writing of the change in status. Evidence of being a juristic person as prescribed under Section 19 shall be presented to the competent official within 180 days from the date of the change in status. If the ownership of that juristic person causes the ratio prescribed under Section 19(2) to be exceeded, the unit exceeding the ratio shall be disposed of within a period of not more than one year from the date of the change in status. If it is not disposed of within such period of time, the provisions of Section 19(5), paragraph four, shall apply mutatis mutandis.

If the juristic person under paragraph one does not wish to own the condominium unit any further, the juristic person shall notify the competent official of the change in status within a period of 60 days from the change of status, and shall dispose of the unit within a period of not more than one year from the date of the change in status. If it is not disposed of within such period of time, the provisions of Section 19(5), paragraph four, shall apply mutatis mutandis. (Penalty – See Section 66)

 

Section 19 (12) and (13) were repealed entirely in 2008 without replacement

 

 

 

[Liverpool Lou]

3 hours ago, thaibeachlovers said:

On 3/26/2024 at 11:57 AM, Liverpool Lou said:

Another dishonest, ill-informed, scaremongering "warning" that has no credibility in general.

No, it's not. It's the best advice I was ever given, speaking as a divorced from a "Thai that wanted me to buy her a house" man.

Yes, it was...

"...dishonest, ill-informed, scaremongering "warning" that has no credibility in general".

You're conveniently ignoring that I used the phrase "in general" whilst your personal example was one specific.  In general, your warning was dishonest, ill-informed, scaremongering and that had no credibility and I'm speaking as being twice-divorced from Thai women, neither of whom wanted me to buy them houses as part of the nuptial  arrangements.

Edited March 30 by Liverpool Lou