Any Risks In Adding Name To Tabien Baan After Being Granted Pr?

[thaiowl]

Assuming my pending PR application is eventually approved, one of the next steps will be to add my name to the tabien baan of our house which, of course, is in my wife's name. Is there any risk about adding my name to the tabien baan? Could my wife be construed to be a nominee for me, which could cause problems with the land department (we marrried outside Thailand; my wife does not have my surname; the house was bought after we married)?

[ubonjoe]

Probably not. It would be no different than adding a family member or even a friend to the house book unless there is some documentation presented that shows that you are married.

I would worry more about a penalty for her not informing the government about her marriage than the land ownership factor. I suspect that there is some law that says that it is a requirement.

I cannot understand why anybody would want to hide the fact that they are married. The law concerning land ownership was changed in 1998. Before that date there might of been a reason but of course that had risks.

Edited August 31, 2009 by ubonjoe

[dbrenn]

Assuming my pending PR application is eventually approved, one of the next steps will be to add my name to the tabien baan of our house which, of course, is in my wife's name. Is there any risk about adding my name to the tabien baan? Could my wife be construed to be a nominee for me, which could cause problems with the land department (we marrried outside Thailand; my wife does not have my surname; the house was bought after we married)?

No problem. Assuming that your wife is Thai, she has the right to own land even if she is married to a foreigner.

[lopburi3]

Believe the question becomes when did this buying of land occur? If done recently and she hid her marriage status it could come back to bite I suspect as legal transfer can only be made with foreign husband signing paperwork that he understands it is not joint marriage property and she affirms the mony used was hers alone. It appears no such paperwork is on file so if done recently it might be a problem.

[thaiowl]

Probably not. It would be no different than adding a family member or even a friend to the house book unless there is some documentation presented that shows that you are married.

I would worry more about a penalty for her not informing the government about her marriage than the land ownership factor. I suspect that there is some law that says that it is a requirement.

I cannot understand why anybody would want to hide the fact that they are married. The law concerning land ownership was changed in 1998. Before that date there might of been a reason but of course that had risks.

When adding the name to the tabien baan, you have to say what relationship you are to the owner of the house so I would tell them authorities that the owner of the house is my wife.

[thaiowl]

Believe the question becomes when did this buying of land occur? If done recently and she hid her marriage status it could come back to bite I suspect as legal transfer can only be made with foreign husband signing paperwork that he understands it is not joint marriage property and she affirms the mony used was hers alone. It appears no such paperwork is on file so if done recently it might be a problem.

Land was bought in 1996...we got married in 1991. No paper work on file re. not joint marriage property and affirmation of source of funds.

[mooncake]

Any Risks In Adding Name To Tabien Baan After Being Granted Pr

hmm I couldn't think of any,

EXCEPT if one of the names is oweing any money with a loan shark, his gang might contact any/or all of those on the same book.

[ubonjoe]

Probably not. It would be no different than adding a family member or even a friend to the house book unless there is some documentation presented that shows that you are married.

I would worry more about a penalty for her not informing the government about her marriage than the land ownership factor. I suspect that there is some law that says that it is a requirement.

I cannot understand why anybody would want to hide the fact that they are married. The law concerning land ownership was changed in 1998. Before that date there might of been a reason but of course that had risks.

When adding the name to the tabien baan, you have to say what relationship you are to the owner of the house so I would tell them authorities that the owner of the house is my wife.

Did you put the fact that you are married on your PR application?

It might be a good time to get your marriage put into the records.

It means getting the marriage certificate translated and certified by the Ministry of Foreign Affairs. Then going to the Amphoe and getting it put on her records.

As far as the land ownership goes I don't know how that can be sorted out.

The house which the house book is based upon is not a problem as far as I know. When my wife got her house book for the house we built there was no ownership papers (title deed) needed just some paperwork singed by the village head and the sub district office.

[thaiowl]

Probably not. It would be no different than adding a family member or even a friend to the house book unless there is some documentation presented that shows that you are married.

I would worry more about a penalty for her not informing the government about her marriage than the land ownership factor. I suspect that there is some law that says that it is a requirement.

I cannot understand why anybody would want to hide the fact that they are married. The law concerning land ownership was changed in 1998. Before that date there might of been a reason but of course that had risks.

We were married in 1991 and bought our house in 1996. To avoid problems, my wife didn't want a farang surname on the tabien baan. Even my kids aren't on it...they're on their grandmother's.

[thaiowl]

Assuming my pending PR application is eventually approved, one of the next steps will be to add my name to the tabien baan of our house which, of course, is in my wife's name. Is there any risk about adding my name to the tabien baan? Could my wife be construed to be a nominee for me, which could cause problems with the land department (we marrried outside Thailand; my wife does not have my surname; the house was bought after we married)?

No problem. Assuming that your wife is Thai, she has the right to own land even if she is married to a foreigner.

But would she be considered a nominee if I am added to the tabien baan?

[ubonjoe]

I am not sure nominee is the correct word. You went around the law that was in effect at the time she bought the property. I have no idea what the legal ramifications of that is. It might be a simple matter of going to the land department and telling them about your marriage and filing the document that is now required when a woman married to a farang now has to file with the registration.

There is no connection that I know of between the Department of Provincial Administration (DOPA) and the land department. DOPA are the ones that do the house book and etc. The land department are the ones that handle property registrations so AFAIK I know you should not have a problem.

You dd not answer my question about showing your marriage on the PR application.

[samran]

I am not sure nominee is the correct word. You went around the law that was in effect at the time she bought the property. I have no idea what the legal ramifications of that is. It might be a simple matter of going to the land department and telling them about your marriage and filing the document that is now required when a woman married to a farang now has to file with the registration.

There is no connection that I know of between the Department of Provincial Administration (DOPA) and the land department. DOPA are the ones that do the house book and etc. The land department are the ones that handle property registrations so AFAIK I know you should not have a problem.

You dd not answer my question about showing your marriage on the PR application.

she went around a "law" which was deemed unconstitutional. As long as he has no claim over the land, then she is doing nothing wrong.

[ubonjoe]

I agree with you samran but I am not sure what needs to be done to sort it out.

[thaiowl]

I am not sure nominee is the correct word. You went around the law that was in effect at the time she bought the property. I have no idea what the legal ramifications of that is. It might be a simple matter of going to the land department and telling them about your marriage and filing the document that is now required when a woman married to a farang now has to file with the registration.

There is no connection that I know of between the Department of Provincial Administration (DOPA) and the land department. DOPA are the ones that do the house book and etc. The land department are the ones that handle property registrations so AFAIK I know you should not have a problem.

You dd not answer my question about showing your marriage on the PR application.

I have shown our marriage on the PR application because the application was on the basis of "Supporting a Thai wife and children".

I take your point about no connection between the DOPA and the Land Department. However, when the land is sold, I presume the Land Department would see my name on the tabien baan and then may start asking questions.

[samran]

I agree with you samran but I am not sure what needs to be done to sort it out.

he can volunteer to sign the form which all foriegn spouses have to sign, which will probably sort it, no?

[ubonjoe]

I am not sure nominee is the correct word. You went around the law that was in effect at the time she bought the property. I have no idea what the legal ramifications of that is. It might be a simple matter of going to the land department and telling them about your marriage and filing the document that is now required when a woman married to a farang now has to file with the registration.

There is no connection that I know of between the Department of Provincial Administration (DOPA) and the land department. DOPA are the ones that do the house book and etc. The land department are the ones that handle property registrations so AFAIK I know you should not have a problem.

You dd not answer my question about showing your marriage on the PR application.

I have shown our marriage on the PR application because the application was on the basis of "Supporting a Thai wife and children".

I take your point about no connection between the DOPA and the Land Department. However, when the land is sold, I presume the Land Department would see my name on the tabien baan and then may start asking questions.

I think they will want the marriage entered in your wifes records as I mentioned before. That way all her documentation would reflect the marriage. She does not have to take your name if she does not want to though. That was changed in 2003.

I think filing the document with the land department I mentioned before would take care of the property problem if it ever was a problem.

I agree with you samran but I am not sure what needs to be done to sort it out.

he can volunteer to sign the form which all foreign spouses have to sign, which will probably sort it, no?

I just looked back and noticed that is what I said before.

Courtesy of Isaan lawyers website here is copy that document. http://www.isaanlawyers.com/images/letter%...onfirmation.jpg

I think going to land office and submitting it would satisfy the land department if it ever came up as a problem.

[lopburi3]

And I would not do until that time.

Edited September 1, 2009 by lopburi3

[thaiowl]

I just looked back and noticed that is what I said before.

Courtesy of Isaan lawyers website here is copy that document. http://www.isaanlawyers.com/images/letter%...onfirmation.jpg

I think going to land office and submitting it would satisfy the land department if it ever came up as a problem.

Thanks for the form. I notice that the form should be completed before the land is purchased. My wife bought her land in 1996 so we would be a bit late with the submission! But as you say, it would probably satisfy the Land Dept. However, I suspect my wife will still be unwilling to put me on her tabien baan. A friend of hers has agreed to put me on her tabien baan instead but I am afraid this could also lead to problems because my PR application was made under my home address and not the address of her friend. Do you think I can be put on her friend's tabien baan without any adverse repercussions?

[lopburi3]

If you are here on marriage extension of stay, and listing on another house location done before PR, it might cause a problem as a requirement of that extension is that you live together as husband and wife.

[ubonjoe]

In my opinion you and your wife need to get the marriage recorded in her house book and etc.

Immigration in the last year or so have gotten much stricter on extensions based upon marriage. There have been reports of them not accepting foreign marriage certificates unless a family status registration. (Kor Ror.22) issued by the Amphoe is shown. So it could even come up as a problem when you go through the final process of getting your PR.

I cannot see the land paperwork being a problem. If anything it makes it better for your wife because you are signing away your rights in case of divorce if the document is on file at the land department.

Perhaps it would be good to get a legal opinion on all this to make your wife feel better about it. You could contact the lawyers that has the website that I downloaded the document from. They have a very good reputation.

Edited September 2, 2009 by ubonjoe

[samran]

If you are here on marriage extension of stay, and listing on another house location done before PR, it might cause a problem as a requirement of that extension is that you live together as husband and wife.

A couple of questions/comments...

- getting PR would mean no more marriage extensions needed? And thus, is here independently of wife regardless? Thus I don't quite see a problem.

- In any case, wife and I are registered on a Tabieen Baan out near Fashion Island (hers yellow, mine blue) but we live off Sukhumvit and use that address each time we extend (photos and all) and that has never been a problem.

[jayboy]

It might just be worth mentioning that after PR is received it is mandatory for the person's name to be added to a tabien baan, i.e it's not in any sense a matter of discretion.

My experience is that there is no particular issue in adding one's name to a tabien baan in respect of a residence where one does not permanently live.I suppose prudence dictates there should be some form of personal connection.

[lopburi3]

If you are here on marriage extension of stay, and listing on another house location done before PR, it might cause a problem as a requirement of that extension is that you live together as husband and wife.

A couple of questions/comments...

- getting PR would mean no more marriage extensions needed? And thus, is here independently of wife regardless? Thus I don't quite see a problem.

- In any case, wife and I are registered on a Tabieen Baan out near Fashion Island (hers yellow, mine blue) but we live off Sukhumvit and use that address each time we extend (photos and all) and that has never been a problem.

The is why I qualified my post with the "done before PR" comment.