Ownwership of condo, family member involved.

[karl2007]

I have a condo which I have bought some years back worth about 6 million. I'm not rich just worked hard and saved. Which I bought with my wife.

 

I am married to my wife and we have registered our marriage and have the marriage certificates and she has my last name in her passport and ID card.

 

Both of our names are on the title deed and I have my own yellow book.

 

We are still relativity young so haven't written any legal will as of yet. But by wife told her family member that she will leave everything to me. I think they didn't really appreciate that.

 

Some family members are opportunists because they don't have much themselves. But might feel its unfair that I own this.

 

That is the background. And my question is, if my wife was to pass away unexpectedly is there any way that they could somehow claim ownership of this property if there is no will? And try to remove me from the title deed?

 

What would normally happen in a case like this where both our names on the title deed. Would her name have to be removed and it will be just my name on the title deed?

 

[Peterw42]

Is it a foreign quota condo ? Or have you set up some sort of company so you can part own a non foreign title condo ?

In the absence of a will, property goes to

• Statutory Heirs:

  The law defines a hierarchy of statutory heirs, with descendants (children) taking priority, followed by parents, siblings, grandparents, and then uncles and aunts. 

   

  Surviving Spouse:

  The surviving spouse is also considered a statutory heir and will usually receive a share of the estate, but the exact portion depends on the existence of other heirs. 

   

   

  A very easy problem to rectify, make a will.

[KhunLA]

If a condo, why do you have a yellow book, and not a blue book ?  Irrelevant, just curious.

 

A will now would be a good idea.

 

Line of inheritance in TH is spouse first, although ....

 

[Peterw42]

2 hours ago, KhunLA said:

If a condo, why do you have a yellow book, and not a blue book ?  Irrelevant, just curious.

Foreigners are recorded in yellow books, not blue books. A blue book would exist for the property but if the OP is a foreigner, wont be in it.

[jas007]

3 hours ago, karl2007 said:

I have a condo which I have bought some years back worth about 6 million. I'm not rich just worked hard and saved. Which I bought with my wife.

 

I am married to my wife and we have registered our marriage and have the marriage certificates and she has my last name in her passport and ID card.

 

Both of our names are on the title deed and I have my own yellow book.

 

We are still relativity young so haven't written any legal will as of yet. But by wife told her family member that she will leave everything to me. I think they didn't really appreciate that.

 

Some family members are opportunists because they don't have much themselves. But might feel its unfair that I own this.

 

That is the background. And my question is, if my wife was to pass away unexpectedly is there any way that they could somehow claim ownership of this property if there is no will? And try to remove me from the title deed?

 

What would normally happen in a case like this where both our names on the title deed. Would her name have to be removed and it will be just my name on the title deed?

 

Here's my take:  consult a legitimate Thai attorney.  Get a will drawn up.  It can't possibly cost too much.  

[Delight]

 It is my understanding that a condominium  whose ownership is shared Thai and Farang -then the condominium is not in the foreign quota.

This could mean that he Farang only owns 49% of the apartment.

Your wife must have a  will leaving this property to you.

it maybe the case that if your wife dies before  you then a judge will specify that the Farang has 1 year to sell.

 

 

 

[iLuvThai]

On 1/25/2025 at 10:51 AM, karl2007 said:

We are still relativity young so haven't written any legal will as of yet

Doesn't matter your age and I have zero idea how to respond to you situation except to say, get a will ASAP. People of ALL ages Die unexpectedly everyday.

 

How many times have you read or heard these words. "He/She left us way to early."

 

Good luck with your situation. It's would be sad that you and your wife paid for everything and you could potentially lose it. 

[scorecard]

On 1/25/2025 at 1:23 PM, Peterw42 said:

Foreigners are recorded in yellow books, not blue books. A blue book would exist for the property but if the OP is a foreigner, wont be in it.

 

Not always true. If the foreigners is a lifetime permanent resident of Thailand the foreigner is recorded in the dark blue covered Tabien Baan book. 

[khunPer]

On 1/25/2025 at 4:51 AM, karl2007 said:

I have a condo which I have bought some years back worth about 6 million. I'm not rich just worked hard and saved. Which I bought with my wife.

 

I am married to my wife and we have registered our marriage and have the marriage certificates and she has my last name in her passport and ID card.

 

Both of our names are on the title deed and I have my own yellow book.

 

We are still relativity young so haven't written any legal will as of yet. But by wife told her family member that she will leave everything to me. I think they didn't really appreciate that.

 

Some family members are opportunists because they don't have much themselves. But might feel its unfair that I own this.

 

That is the background. And my question is, if my wife was to pass away unexpectedly is there any way that they could somehow claim ownership of this property if there is no will? And try to remove me from the title deed?

 

What would normally happen in a case like this where both our names on the title deed. Would her name have to be removed and it will be just my name on the title deed?

In short: If there is no will 50% will go to spouse and 50% to children, if any, or parents and other siblings...

 

[LukKrueng]

On 1/25/2025 at 10:51 AM, karl2007 said:

I have a condo which I have bought some years back worth about 6 million. I'm not rich just worked hard and saved. Which I bought with my wife.

 

I am married to my wife and we have registered our marriage and have the marriage certificates and she has my last name in her passport and ID card.

 

Both of our names are on the title deed and I have my own yellow book.

 

We are still relativity young so haven't written any legal will as of yet. But by wife told her family member that she will leave everything to me. I think they didn't really appreciate that.

 

Some family members are opportunists because they don't have much themselves. But might feel its unfair that I own this.

 

That is the background. And my question is, if my wife was to pass away unexpectedly is there any way that they could somehow claim ownership of this property if there is no will? And try to remove me from the title deed?

 

What would normally happen in a case like this where both our names on the title deed. Would her name have to be removed and it will be just my name on the title deed?

 

If both of you are listed as equal owners that means half the condo is yours and the other half hers. If she passes away without a will, her half goes to neutral heirs: 50% of her half goes to you as the husband (so you already have 75% ownership of the condo and basically everything else you bought after you got married). The other 50% of her share is divided between her children and other surviving members of her family ie parents and siblings, so in the worst case scenario they can claim that part but they have no claim over your 75% of the property. It might be better to have a will, but they might also challenge the will at court.

 

 

On 1/25/2025 at 11:13 AM, Peterw42 said:

Is it a foreign quota condo ? Or have you set up some sort of company so you can part own a non foreign title condo ?

In the absence of a will, property goes to

• Statutory Heirs:

  The law defines a hierarchy of statutory heirs, with descendants (children) taking priority, followed by parents, siblings, grandparents, and then uncles and aunts. 

   

  Surviving Spouse:

  The surviving spouse is also considered a statutory heir and will usually receive a share of the estate, but the exact portion depends on the existence of other heirs. 

   

   

  A very easy problem to rectify, make a will.

Nothing to do with Thai\foreign quota

[Suitcase]

On 1/25/2025 at 11:18 AM, KhunLA said:

If a condo, why do you have a yellow book, and not a blue book ?  Irrelevant, just curious.

 

A will now would be a good idea.

 

Line of inheritance in TH is spouse first, although ....

 

I have always read that the blue book is for Thai people only

I could be dead wrong

[Peterw42]

1 hour ago, LukKrueng said:

If both of you are listed as equal owners that means half the condo is yours and the other half hers. If she passes away without a will, her half goes to neutral heirs: 50% of her half goes to you as the husband (so you already have 75% ownership of the condo and basically everything else you bought after you got married). The other 50% of her share is divided between her children and other surviving members of her family ie parents and siblings, so in the worst case scenario they can claim that part but they have no claim over your 75% of the property. It might be better to have a will, but they might also challenge the will at court.

 

 

Nothing to do with Thai\foreign quota

 

It has everything to do with Thai/foreign quota, if its a Thai quota bought through a company then the foreigner only owns 49% of the company/property, and cant ever own the other half. You cant will/inherit the Thai 51% of a company.

[Suitcase]

On 1/25/2025 at 10:51 AM, karl2007 said:

I have a condo which I have bought some years back worth about 6 million. I'm not rich just worked hard and saved. Which I bought with my wife.

 

I am married to my wife and we have registered our marriage and have the marriage certificates and she has my last name in her passport and ID card.

 

Both of our names are on the title deed and I have my own yellow book.

 

We are still relativity young so haven't written any legal will as of yet. But by wife told her family member that she will leave everything to me. I think they didn't really appreciate that.

 

Some family members are opportunists because they don't have much themselves. But might feel its unfair that I own this.

 

That is the background. And my question is, if my wife was to pass away unexpectedly is there any way that they could somehow claim ownership of this property if there is no will? And try to remove me from the title deed?

 

What would normally happen in a case like this where both our names on the title deed. Would her name have to be removed and it will be just my name on the title deed?

 

The wife probably didn't put a dime into the condo and neither did the rest of her relatives

They are just out for the almighty dollar anyway they can get it

So protect yourself and get a will

[LukKrueng]

3 hours ago, Peterw42 said:

 

It has everything to do with Thai/foreign quota, if its a Thai quota bought through a company then the foreigner only owns 49% of the company/property, and cant ever own the other half. You cant will/inherit the Thai 51% of a company.

1. OP wrote that both his and his wife's name are on the chanot. No company mentioned.

2. OP was asking about the possibility of his in-laws taking over his condo.

None of these issues has anything to do with quota. And condo units are not marked under any quota. When you buy a unit from either Thai or foreigner you must get a letter from the condo management verifying that at the time of issuing the letter, the % of foreign ownership is under 49. 

That figure can change everything a unit changes hands between a Thai and non Thai in both directions.

[Toby1947]

Bump her off and find out the easy way. 🤣😂🤣

[Justanotherone]

a condo is one thing a foreigner can own, so why did you put your wife on it...???

 

for inheritance, what I know is

 

50% to wife

 

other 50% is divided, again, half for wife and rest for kids...

 

so wife gets 75%, and kids can divide the 25% or wait till dear mom dies to get the rest