Buying A House In Thailand

[micky44]

hi chaps, could you help me as well please !!!!!!! married to a Thai girl both of us living and working in the UK. going back to Thailand sept, we are hoping to buy a house, would we be breaking any laws if we just took sterling travelers cheques to purchase a house ? my thinking is i will get a better ex rate on cheuqes, also we can wait for a better ex rate.we have joint bank accounts in Thailand as well as the UK. any problems with cashing the cheques and paying them in to our joint account in Thailand if and when we find a house ? cheers Micky.

[Cnxman]

becareful concerning the UK Tax laws, if you declare you are buying a house in Thailand with the money that will be logged on your file for life and can affect future claims for pension etc, i just sent our money to my wifes account in smaller amounts over 6 weeks stating each time that it was a gift..............never had a problem on both ends.

[stgrhe]

Didn't know about the new law stating that they can take land away from Thai people if they think it has been funded by a foreinger, i have been sending about £300-£400 per 2 weeks for the last 6 months and i have purchased in my girlfriends name a half rai of land(60,000 baht) and i am building a basic 2 bed bungalow for around 450,000 baht, its all in the rice growing region of Ubon Ratchathani a small village called Non Wang about 65kms from Ubon. I hope when its finshed in October no one knocks on my door saying " Sorry but the land has been confisacted" i won't be happy at all!

That will not happen. All those threads claimng this and claiming that should be ignored. So far none has ever heard of any land being confiscated due to 'fake' company set ups using Thai nominee chair holders although that actually is clearly against the law.

[khundon]

...The Thai goverment land office recently decreed that they will sieze propety that has been purchased this way,IE funds transferred to a Thai nominee G/F or wife etc...

I have my doubts about this. Do you have a link to a web page with this decree? Or do you have a copy of it and can upload it here?

Possibly, you are referring to a thread on ThaiVisa about an ignorant Thai government official who was talking to the press and gave wrong information. If so, this is not a decree.

The Thai wife of a foreigner who buys real estate with money declared as her money, with a written confirmation (government form) from her husband that he recognises that money as being her money, runs no risk of having her land and/or house confiscated.

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Maestro

If the foriegn husband of Thai wife buying house is not in Thailand, is there a way that this government form can be filled out by him over the net or can he print off copy and fill it out, so that the wife can produce it at land office?

[pnustedt]

If the foriegn husband of Thai wife buying house is not in Thailand, is there a way that this government form can be filled out by him over the net or can he print off copy and fill it out, so that the wife can produce it at land office?

A few years ago I was living in Hong Kong and my wife was in Thailand and was buying a house. I went to the Thai consulate to make a formal declaration - it was not as simple as it sounds as I had to get passport, statement, etc. verified by British consulate and attorneys, but it worked and the house was purchased without my having to present. I don't think you will be able to do it over the net - they want original, stamped, documents.

[katabeachbum]

...The Thai goverment land office recently decreed that they will sieze propety that has been purchased this way,IE funds transferred to a Thai nominee G/F or wife etc...

I have my doubts about this. Do you have a link to a web page with this decree? Or do you have a copy of it and can upload it here?

Possibly, you are referring to a thread on ThaiVisa about an ignorant Thai government official who was talking to the press and gave wrong information. If so, this is not a decree.

The Thai wife of a foreigner who buys real estate with money declared as her money, with a written confirmation (government form) from her husband that he recognises that money as being her money, runs no risk of having her land and/or house confiscated.

--

Maestro

If the foriegn husband of Thai wife buying house is not in Thailand, is there a way that this government form can be filled out by him over the net or can he print off copy and fill it out, so that the wife can produce it at land office?

As far as I know, this can only be done in person at land office, not by proxy. Whenever we have sold land to such couples, the transfer always had to wait for farang to show up and sign

[pnustedt]

If the foriegn husband of Thai wife buying house is not in Thailand, is there a way that this government form can be filled out by him over the net or can he print off copy and fill it out, so that the wife can produce it at land office?

A few years ago I was living in Hong Kong and my wife was in Thailand and was buying a house. I went to the Thai consulate to make a formal declaration - it was not as simple as it sounds as I had to get passport, statement, etc. verified by British consulate and attorneys, but it worked and the house was purchased without my having to present. I don't think you will be able to do it over the net - they want original, stamped, documents.

I've now found an old thread which I started at the time my wife wished to buy the house: http://www.thaivisa.com/forum/House-Sisaket-t41844.html

It gives more detail on how your Thai wife can buy in your absence.

[bangkokrick]

Hi All,

Once again thanks for the information and advice.

I went to see the lawyer yesterday and this is the way to do it according to her.

1, Review the contract to ensure that it is correct. Done by the lawyer.

2, Transfer the deposit money to wifes bank account.

3, Sign the contract with the seller and pay the deposit. Pin a copy of the cashiers cheque to the contract.

4, Ensure that everything regarding the property is complete as per contract.

5, Pay the balance and transfer at the land office.

6, Take out a usufruct to protect the foreigner. If the wife dies before you it could create a huge problem.

Cheers, Rick

[Soutpeel]

[That will not happen. All those threads claimng this and claiming that should be ignored. So far none has ever heard of any land being confiscated due to 'fake' company set ups using Thai nominee chair holders although that actually is clearly against the law.

Your sentiment is correct, but please.... never say never, when discussing anything in Thailand, because as we all know, things can and do change like the wind....

[khundon]

If the foriegn husband of Thai wife buying house is not in Thailand, is there a way that this government form can be filled out by him over the net or can he print off copy and fill it out, so that the wife can produce it at land office?

A few years ago I was living in Hong Kong and my wife was in Thailand and was buying a house. I went to the Thai consulate to make a formal declaration - it was not as simple as it sounds as I had to get passport, statement, etc. verified by British consulate and attorneys, but it worked and the house was purchased without my having to present. I don't think you will be able to do it over the net - they want original, stamped, documents.

I've now found an old thread which I started at the time my wife wished to buy the house: http://www.thaivisa.com/forum/House-Sisaket-t41844.html

It gives more detail on how your Thai wife can buy in your absence.

pnustedt

Thanks for that, I will give that a go and see how we get on.

[jfchandler]

Rick, this week, I caught up on reading a long TV thread started by the Isaan Lawyers guy on usufructs.... After getting thru 7 web pages of posts, I believe I came away with the following understanding:

In the event of a post-property purchase divorce in Thailand, the (angry) wife has the legal ability to revoke a usufruct with her ex husband either during the marriage or up to one year after the divorce, if no 3rd party to the agreement is harmed. However, if the usufruct and land purchase are done before married, and then the same couple gets married after, then, the usufruct cannot be voided during the marriage or post divorce...

The upshot was--usufructs may protect a farang husband in the event of his wife's expected death. But they may do little to protect a farang husband's interest in the event he ends up divorcing from his Thai wife.

People never expect bad things to happen. But, sometimes, it's best to prepare for the worst, even if you don't expect it.

Hi All,

Once again thanks for the information and advice.

I went to see the lawyer yesterday and this is the way to do it according to her.

6, Take out a usufruct to protect the foreigner. If the wife dies before you it could create a huge problem.

Cheers, Rick