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Posted
May I be permitted to put a different 'Slant' on all of this house thing , First the OP says HE has a company that owns the land , he cannot , he is only a minority owner , should he go to prove the point HE fronted the money for the land he is screwed because that is ILLEGAL , so he can be out voted in what ever may be the outcome regarding the property .

The OP states that HE payed to have the house built so therefore he owns it and not his wife , he is screwed there because a non Thai cannot 'Own' a house , it has to be in the name of a Thai or a registered company of which HE can only be a minority share holder so he can be out voted as to the future of the house , screwed again .

In Thai law it seems that on divorcing it becomes a 50/50 split on sale of assets , therefore his best and by far the easiest path for him is to forget lawyers/accountants etc which can and will cost him even more of his hard earned monies , take the divorce , take his 50% and run .

From all the threads and stories I have listened to over the years , I never got even close to this kind of situation because I had taken advise from my first boss , he said " They say that experience comes from the accumulation of all of the mistakes a person makes in their daily lives , my advice to you is to pay attention to the other guy and learn from HIS mistakes about what NOT to do in your life , you will find that a much more simple and cheaper way to learn ".

Hope I am not raining on somebody elses parade and what I have learned(hopefully) from others in this respect is at least somewhere in the ballpark .

A foreigner CAN legally own a house or any property. Just not the land. In his case the land is owned by a company he is a minor shareholder in. This company will in its balance sheet show that he is owed a certain ammount in the form of a loan as capital introduced. This must be paid back to him on the sale of property/land. Blue book means nothing at all. Do yourself a favour find a good lawyer. No one here can give you accurate Thai legal advice. Only express their opinions. Get your company documents up to date and ensure your taxes for the company are paid. Check the Chanote is in your(COMPANY) name and you have a sales contract or purchase agreement for the house. With regards divorce, your wife could be entitled to halve your interest in your company. Together with any other assets you have obtained since your marriage. If you dont have marriage registered at the amphur. Dont worry about that one.

Posted

From my understanding, the blue book is ONLY for Thais to register their address. Farangs cannot be listed in the blue book. I don't think you have anything to worry about but you should check with the Land Office to comfirm the nothing has been changed with the chanote . Of course, checking with a lawyer would be the safest thing.

Posted

The OP say unbeknown to him he was signing the documents in Thai?? He must have seen the documents were written in Thai. Why sign something he did not understand? ...and he owns his own company? I hope he is more careful with his company documents.

Posted
From my understanding, the blue book is ONLY for Thais to register their address. Farangs cannot be listed in the blue book. I don't think you have anything to worry about but you should check with the Land Office to comfirm the nothing has been changed with the chanote . Of course, checking with a lawyer would be the safest thing.

I think you will find that farang who have gained Thai residency status HAVE to have a registration in a blue book somewhere.

I presume people will google "Thai Residency for foreigners" before commenting.

:)

Posted
May I be permitted to put a different 'Slant' on all of this house thing , First the OP says HE has a company that owns the land , he cannot , he is only a minority owner , should he go to prove the point HE fronted the money for the land he is screwed because that is ILLEGAL , so he can be out voted in what ever may be the outcome regarding the property .

The OP states that HE payed to have the house built so therefore he owns it and not his wife , he is screwed there because a non Thai cannot 'Own' a house , it has to be in the name of a Thai or a registered company of which HE can only be a minority share holder so he can be out voted as to the future of the house , screwed again .

In Thai law it seems that on divorcing it becomes a 50/50 split on sale of assets , therefore his best and by far the easiest path for him is to forget lawyers/accountants etc which can and will cost him even more of his hard earned monies , take the divorce , take his 50% and run .

From all the threads and stories I have listened to over the years , I never got even close to this kind of situation because I had taken advise from my first boss , he said " They say that experience comes from the accumulation of all of the mistakes a person makes in their daily lives , my advice to you is to pay attention to the other guy and learn from HIS mistakes about what NOT to do in your life , you will find that a much more simple and cheaper way to learn ".

Hope I am not raining on somebody elses parade and what I have learned(hopefully) from others in this respect is at least somewhere in the ballpark .

A foreigner CAN legally own a house or any property. Just not the land. In his case the land is owned by a company he is a minor shareholder in. This company will in its balance sheet show that he is owed a certain ammount in the form of a loan as capital introduced. This must be paid back to him on the sale of property/land. Blue book means nothing at all. Do yourself a favour find a good lawyer. No one here can give you accurate Thai legal advice. Only express their opinions. Get your company documents up to date and ensure your taxes for the company are paid. Check the Chanote is in your(COMPANY) name and you have a sales contract or purchase agreement for the house. With regards divorce, your wife could be entitled to halve your interest in your company. Together with any other assets you have obtained since your marriage. If you dont have marriage registered at the amphur. Dont worry about that one.

There is an exception: If your company is BOI sponsored, it may a) be 100% foreign owned and :) own land for residence and/or business. I believe it's max 1 rai, not 100% sure. I know I can own land through my 100% owned company, though. However, if the company is dissolved, the land/house MUST be sold within 6 months.

  • 9 years later...
Posted
On 7/3/2009 at 10:04 AM, galowgala said:

I still have the chanute and blue book in my safe at home and my wife has gone, she is now getting very nasty with all sorts of threats. it was a con from the 1st day she met me, she continuously gave me story's to extrude money from me, for her and her family.I told her from the start that i don't send money to her family they are not my responsability and she said not a problem. then we got married then it all changed, I gave in to some of the lies and gave money out. I then put a stop to it, as i could not financially afford to do it anymore.

 

I am not a lawyer, but from what I hear the land deed is paramount. If that is the case, she has little in the way of rights to the house. I would consult another lawyer. There are an awful lot of mediocre lawyers here. Find one who is a property specialist, locally. That will not be hard to find. Then work your magic, and get her evicted from the home, ASAP. Get the lawyer to write a threatening letter to her. That may scare her, as she probably has no money to engage in a legal battle. Hopefully you do not have kids together. Are you divorced yet? If not, that is the next step. She has amply demonstrated her unworthiness, and needs to be removed entirely from the house, and your life. See ya! 

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