Please help settle an argument

[Delight]

An apartment in the condominium where I live is in the Thai 51%

The 1st name on the Condominium  Title Deed is that of a Thai person(female).

The 2nd name is that of a Farang(male).

Does this Farang have any rights?

Is he a co -owner?

What happens if she dies before him?

[DrJack54]

Moved to this forum

[J Branche]

Just trying to clarify the Condo in question is Thai Ownership?

 

The Usufruct would need to be created and recorded at the Land Office to give the foreigner rights to the condo is my understanding.

 

Regarding if the Thai Owner dies then if they have a Will and Condo is listed as being left to X person and that person is a foreigner than I understand after probate the foreigner would either need to sell or transfer ownership to a Thai in the set amount of time.

 

If no will then family succession of the deceased assets happens and you would get nothing unless Married.

 

I am not current on the option of a Foreigner loaning a Thai money for the Condo I can see many difficulties in the structure of the loan.

 

[Digitalbanana]

The key factor is the overall foreign ownership percentage of the entire condominium project. As long as the total foreign ownership percentage remains below 49%, the individual unit can be 100% foreign-owned.
It's only when the total foreign ownership percentage of the project reaches or exceeds 49% that the foreign ownership of individual units may need to be adjusted to comply with the law.

 

As a foreigner would have no control over the 49% ownership of entire project, then if the current partner was dead or left the ownership said foreigner would need a new Thai partner.

[1FinickyOne]

27 minutes ago, Delight said:

Does this Farang have any rights?

He has the right to remain silent... [that works well in my marriage] 

[BritManToo]

1 hour ago, J Branche said:

Regarding if the Thai Owner dies then if they have a Will and Condo is listed as being left to X person and that person is a foreigner than I understand after probate the foreigner would either need to sell or transfer ownership to a Thai in the set amount of time.

 

Not true,

They would just re-register the condo as being in the foreigner owned section. If that put the foreigner quota over 49%, they'd just wait until an opening occured.

 

There is no absolute right for any individual condo to be registered in either section, just availability at that moment in time.

[scubascuba3]

If it's in the 51% Thai quota, it's not in his name, but the Thai lady, but confirm with the Juristic office and land office.

 

Logic to me if it was in both names it would be in half foreign quota half thai quota

[arick]

As a foreigner you shouldn't have your name inside of any Blue book! However having your name in a blue book doesn't mean anything The only thing that is protecting you is having your name written on the back of the Chonote or on the Chonote as the owner of the condo.

Blue books can be replaced by your district office chanotes are only dealt with at the land office.  Look at the chanote forget a out the blue book. Also you can quest the condo buildings chanote as a co- owner or with permission or smile.

[paahlman]

My first thought is that this is under the Thai quota. The first name is the project owner representative, The second foreign name is the foreigner staying there. He is allowed to stay there and it will show proof of address. However.. Maybe i misunderstood first post.

[khunPer]

On 3/9/2025 at 4:53 AM, Delight said:

An apartment in the condominium where I live is in the Thai 51%

The 1st name on the Condominium  Title Deed is that of a Thai person(female).

The 2nd name is that of a Farang(male).

Does this Farang have any rights?

Is he a co -owner?

What happens if she dies before him?

If married the farang has some rights.

If she dies, it is depending of marriage, and her eventual last will. For inheritance due to last will they don't need to be married.

A farang can inherit property, but cannot keep it, if it is land or within a Thai 51% share – I however don't know, if it can be relocated to 49% foreign holdings, if space available – and need to sell or transfer the property within 12 month.

[Presnock]

On 3/9/2025 at 10:53 AM, Delight said:

An apartment in the condominium where I live is in the Thai 51%

The 1st name on the Condominium  Title Deed is that of a Thai person(female).

The 2nd name is that of a Farang(male).

Does this Farang have any rights?

Is he a co -owner?

What happens if she dies before him?

There are specifics laws on that kind of case.  Instead of possibly making an error judgement here I suggestg you wait for someone totally aware but unless you are married at least, I don't think you have much standing as her family members if living (children, parents siblings) would probably have some say in the future ownership.  Like me, I am married to a Thai, If she were to die, fortunately our daughter will inherit, if not then I would probably have about a year to sell the house and share with her parents - if she has a will and it goes to our daughter or to me then something else may occur.  Right now unless you are legally attached to her, I recommend you fully research  where you stand if she  were to die or disappear,.

[Captain Flack]

An off topic, which seems to make no sense has been removed.