House Ownership

[ZOOKA]

Hi All

Apologies if this has been asked before!

I bought my house some 2 yrs ago. Originally the land was put in my GF name but I have since changed this to my Thai Co now shown on the chanote.

The construction permit was done in my GF name so it was legally built. I have ALL receipts from the developer which show me paying for the LAND and then House All in my name. The sales contract all in my name

I have not registered the house as yet as I have been told that I will need her present to register the house in my name as the construction permit was origianally done in her name!!!!. Just the Land registered in my Thai Co. I have a yellow Book in my name and an the Old Blue Book which was in her name but now cancelled!

My questions are:

HOW DO I PROVE MY OWNERSHIP OF THE HOUSE OR AS THE HOUSE WAS CONCSTRUCTED IN HER NAME DOES THIS MEAN THAT SHE OWNS IT?

MY SOLICITOR HAS TOLD ME TO MAKE A NEW CONSTRUCTION PERMIT IN MY NAME BUT IM NOT SURE THIS IS CORRECT?

REGISTERING THE HOUSE AT THE LAND DEPT MAY PROVE OWNERSHIP BUT WOULD NEED HER TO SIGN OVER TO ME UNLESS THERE IS SOME OTHER METHOD.

DOES REGISTERING THE HOUSE PROVE OWNERSHIP

My Thai Co own the land and all structures on the Land which would include the house so with out the chanote in her name I dont think that she can do anything!

Any Constructive advice welcomed!

[InterestedObserver]

Buildings, except for condominiums, do not have any form of title document. The building permit or sales agreement are the the primary documents used by the land office in identify the building owner. Was the original sales contract with the developer registered at the land office? Who is listed in the Yellow Book as building owner? The fact that you have all the receipts from the developer in your name should be in your favor should this ever reach court.

Sounds like your solicitor has the correct approach, although I don't quite see how you can get a second (amended) building permit for an already finished structure. But TIT! At this point any changes to the house registration/ownership, by the land office, will require your GF signature.

[ZOOKA]

Buildings, except for condominiums, do not have any form of title document. The building permit or sales agreement are the the primary documents used by the land office in identify the building owner. Was the original sales contract with the developer registered at the land office? Who is listed in the Yellow Book as building owner? The fact that you have all the receipts from the developer in your name should be in your favor should this ever reach court.

Sounds like your solicitor has the correct approach, although I don't quite see how you can get a second (amended) building permit for an already finished structure. But TIT! At this point any changes to the house registration/ownership, by the land office, will require your GF signature.

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Hi

Thanks for the response!

1. The original sales contract was never registered at the Land Dept just the Land transfer and taxes paid. Originally from developer to GF and then later from GF into my Thai Co and again paid taxes on the transfer.

2. I have just made the Yellow Book in my name in the Goverment building. My Ex GF made the Blue Book in her name BUT this has now been cancelled and I have this, I was trying to put my Thai Co into the Blue Book but its taking time!

3. I thought the Books where for registration purposes only and dont prove ownership. But I guess they help a little if you can get your name in there!

4. Yes ALL receipts from the developer are in my name so this helps!

5. As the house has never been registered that will be my next step. These are my options:

A. Go to the Land Dept with my EX GF with my chanote, original sales aggreement, yellow Book / Blue Book? She brings along the original construction permit in her name and we register the house in MY NAME with her signing appropriate papaerwork! Obviously I must be carefull that she does nt try to register the hosue in HER NAME!

B Go to the Land dept ALONE as Above but take the new construction permit with me but this could get problematic if they want to see the sales contract. They may also find out that I have made a new construction permit and bought the house several yrs ago!

c. Not register the House! Sit tight. Not sure that she can register. She only has the construction permit. That said she did make the Blue Book but she probally did this when her name was on the chanote maybe!

My gut feeling is that I want to register the hosue in my Name ASAP to safegurd my investment the best I can !!!! So I will probally go for Option A pay her 10K before the transaction and then when its complete another 10K. I will take a third Party with me to check that she does nt try to register the hosue in her name. I think 20 K for this will be a small price to pay compared to a solicitors bill........

Anyone constructive comments welcomed!

[donx]

Buildings, except for condominiums, do not have any form of title document. The building permit or sales agreement are the the primary documents used by the land office in identify the building owner. Was the original sales contract with the developer registered at the land office? Who is listed in the Yellow Book as building owner? The fact that you have all the receipts from the developer in your name should be in your favor should this ever reach court.

Sounds like your solicitor has the correct approach, although I don't quite see how you can get a second (amended) building permit for an already finished structure. But TIT! At this point any changes to the house registration/ownership, by the land office, will require your GF signature.

Hi

Thanks for the response!

1. The original sales contract was never registered at the Land Dept just the Land transfer and taxes paid. Originally from developer to GF and then later from GF into my Thai Co and again paid taxes on the transfer.

2. I have just made the Yellow Book in my name in the Goverment building. My Ex GF made the Blue Book in her name BUT this has now been cancelled and I have this, I was trying to put my Thai Co into the Blue Book but its taking time!

3. I thought the Books where for registration purposes only and dont prove ownership. But I guess they help a little if you can get your name in there!

4. Yes ALL receipts from the developer are in my name so this helps!

5. As the house has never been registered that will be my next step. These are my options:

A. Go to the Land Dept with my EX GF with my chanote, original sales aggreement, yellow Book / Blue Book? She brings along the original construction permit in her name and we register the house in MY NAME with her signing appropriate papaerwork! Obviously I must be carefull that she does nt try to register the hosue in HER NAME!

B Go to the Land dept ALONE as Above but take the new construction permit with me but this could get problematic if they want to see the sales contract. They may also find out that I have made a new construction permit and bought the house several yrs ago!

c. Not register the House! Sit tight. Not sure that she can register. She only has the construction permit. That said she did make the Blue Book but she probally did this when her name was on the chanote maybe!

My gut feeling is that I want to register the hosue in my Name ASAP to safegurd my investment the best I can !!!! So I will probally go for Option A pay her 10K before the transaction and then when its complete another 10K. I will take a third Party with me to check that she does nt try to register the hosue in her name. I think 20 K for this will be a small price to pay compared to a solicitors bill........

Anyone constructive comments welcomed!

Pay her 5k before and 15k after if all goes well.

[InterestedObserver]

At this point the construction permit prevails at the land office, although the general rule is that the owner of the land (the Thai company) becomes the owner of things fixed to the land. In the absence of a registered land lease it would be difficult for the ex-GF to enforce her ownership of the house. Best to get the ex-GF to sign for the house registration in your name ASAP to prevent any future disputes. Pay her off now!

[ZOOKA]

Yes thats the plan!

Take her to the land Dept with a Third Party and Register the house in MY NAME!

Pay her off 20K!

Then hopefuly its all done and dusted Job done.

Looking back I should have registered the house first and then dumped her but at the time didnt realise that the house had to be registered. The Land was in my Thia Co so I thought that it was safe!

The majority of people EX PATS that I ve spoken to only a few have registered the houses. I suppose it depends on your personal circumstances! But for me its a must other wise at a later date this may come back and bite me in the A***!!!!

[ZOOKA]

5K before then 15k.

Spot On !!!