Do I Have To Sign A Document If My Wife Buys Land?

[patongpanda]

My wife is buying some land in Isaan. We think I may have to go to the Land Office there to sign a document to say I have no financial interest. What is the name or number of this document?

I really don't want to travel to Isaan just to sign a paper. Do I have to be at the Land Office to sign it?

Now my wife says her friend bought some land and her husband didn't have to sign anything 'cos it is a private sale not a sale from a company (does that make sense?)

Can I sign a document with some kind of witness in Phuket and my wife go to the Land Office alone?

Ta.

[Gary A]

My wife is buying some land in Isaan. We think I may have to go to the Land Office there to sign a document to say I have no financial interest. What is the name or number of this document?

I really don't want to travel to Isaan just to sign a paper. Do I have to be at the Land Office to sign it?

Now my wife says her friend bought some land and her husband didn't have to sign anything 'cos it is a private sale not a sale from a company (does that make sense?)

Can I sign a document with some kind of witness in Phuket and my wife go to the Land Office alone?

Ta.

TIT, anything is possible if you have connections and can have it witnessed and certified by someone in authority. I had to go in person or they refused to transfer the chanote. Private sale or company sale, there is still a chanote that must be transfered unless it is land that has no chanote. In that case, I wouldn't buy it. Perhaps the land office in Phuket could arrange it.

[Maestro]

I believe it is the attached “Letter of Confirmation”, with no official form number. In my case, I did it by mail from abroad. Had to get my signature certified by the Thai consulate and enclose a copy of my passport, signed by me.

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Maestro

[bdenner]

This is a hard one! We bought 2 Chanoot Titled properties in TW's farang surname one no problem the other, for whatever reason, I had to get a 'Stat Dec' witnessed at the Aus embassy to state that I had no financial interest and then presented it with translation to the local Amphur Office. Some additional farm land we bought required nothing but a village meeting with the Puyia Baan and parties involved. Not Chanoot titled.

Edit:- OH I might add it has its benefits. The titles cannot be hocked at any legitimate bank without your signature.

Edited December 16, 2007 by bdenner

[Gary A]

The bottom line is that you sign the paper and you have no claim on the property. If things go pear shaped you walk away. Regardless of what you do you you have bought property for her. Either you trust your wife or you don't.

[Maestro]

... you have bought property for her...

This may or may not be the case. The OP did not say so.

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Maestro

[germanbeer]

Let her have a go at buying without your signing and if they ask then you've no choice.

[gregb]

I was always told it wasn't a legal transfer if you didn't sign the Letter of Confirmation, so even if it works you are risking a possible legal issue later.

I've always gone in person to sign. A few thousand baht for a plane ticket is quite cheap actually, compared to the hassles you might have otherwise.

However, if you really want to avoid going, I would stop by the land office in Phuket, get a copy of the document, make up a power of attorney for your wife allowing her to present the document to the land office on your behalf (make sure it is in Thai), sign everything and provide a copy of your passport.

I don't think the power of attorney would actually hold any legal authority, but depending on how backwards the land office is it might stop them from saying you had to come in person. Often times, they don't really know the exact rules either, and if you act like you do, they won't want to lose face and admit they have no clue. There is no concept of a domestic notary that I have ever seen in Thailand. Normally, if it isn't computerized, then you have to appear in person. Doesn't matter if you are Thai or farang.

I would not NOT sign the Letter of Confirmation though. Too risky, even if they don't ask for it.

I'd be interested in hearing if they accept it without you being present. Let us all know.

[patongpanda]

I'm not at all interested in the land (there is no property). I gave my wife cash to do with as she pleases.

Thanks for the Letter of Confirmation

She is farang-surnamed so I'm expecting them to want it. I will fill that in and get it certified at the British Embassy (not the Thai embassy? right?).

I don't want to risk her wasting a trip up there and being rejected.

I really don't have the time to go.

Mmm Power of Attorney eh? I'll look into that. Sounds like a pain in the pooter.

[prakhonchai nick]

It depends on the surname on her ID card. If it is a Farang surname then you must sign a paper. If she retains her Thai surname, then you do not have to sign.

[prakhonchai nick]

It depends on the surname on her ID card. If it is a Farang surname then you must sign a paper. If she retains her Thai surname, then you do not have to sign.

[prakhonchai nick]

It depends on the surname on her ID card. If it is a Farang surname then you must sign a paper. If she retains her Thai surname, then you do not have to sign.

[happylarry]

Last week my wife had three rye of Isaan land transferred into her name from her family. My signature not required at all even though she has adopted my surname. However the land is not chanote titled, in actual fact once you get out of the main cities you are lucky to find land that is titled. We are going to get it titled but she has to wait a year first and pay the annual tax in her own name, she is told.

[ThaiLawOnline]

All land departments in Isaan have different requests, even if the same law applies everywhere.

The best thing is for your wife to call HER land department, where is the land, and ask them.

We work in Isaan and know that each place has its own rules...

[patongpanda]

I went to the Land Office in person with my wife. There was an extra form to sign so it would have been a cock-up if I had tried to do it remotely.

Now GET ORRF MOI LAAAAAND !!!!

[khunandy]

It depends on the surname on her ID card. If it is a Farang surname then you must sign a paper. If she retains her Thai surname, then you do not have to sign.

From my experience I cant agree that this is the case. My wife and I married in Australia and have no Thai marriage at all, therefore she retains her Thai name and identity. When we bought land the Govt office was insistant that I had to sign that clearance form stating that I had no financial interest in the land. I dont have any idea how they knew of my existance.

My wife was pretty angry at the time as we had builders on hold.

Khun Andy

[donx]

It depends on the surname on her ID card. If it is a Farang surname then you must sign a paper. If she retains her Thai surname, then you do not have to sign.

From my experience I cant agree that this is the case. My wife and I married in Australia and have no Thai marriage at all, therefore she retains her Thai name and identity. When we bought land the Govt office was insistant that I had to sign that clearance form stating that I had no financial interest in the land. I dont have any idea how they knew of my existance.

My wife was pretty angry at the time as we had builders on hold.

Khun Andy

Interesting to hear that. I'd like to know if your wife's ID card indicates she is single or married. The last time my wife renewed her Thai ID card she was asked whether she was married or single. For whatever stupid reason she told them she was single. I can't read Thai so I don't know if the Thai ID card actually states her marrital status, but perhaps your wife's ID card indicates she is married. Then again it may be that the land office you went to is pickier.

I went to the Tha Sala land office with my wife and three children ready and willing to sign away my right of ownership of the land and my wife told me I don't need to sign because her Thai ID card indicates that she is single.

I would have preferred signing the document because I don't want anyone to have any reason to take the land away from my wife or my children in the future.