Jump to content

House Problems, Advice Needed !


Recommended Posts

Hi all, I'm not sure if this is posted in the right place, however I am in need of some helpful advise. I bought a house in Thailand under a company name like most of us do. I currently pay a lawer each year around 12'000 Baht to keep the balance sheets up to date & keep everything correct with the government or whatever they do. A couple of days ago my wife received a letter from the police station in Chonburi wanting to see me on the 25th Feb as there seems to be no payment for one of the years to the government or something. My wife & my kids live in the house in Pattaya whilst I am in the UK working hard to support them. I have been told that it is best to cancel the company that was set up & get some new papers made up & sign the house 51% to my wife & 49% to me. Does anyone know the costs that would be involved in doing this at all. Any help or advise would be greatly appreciated. I will be flying out there on 18th Feb to try & sort things out. I look forward to hearing from anyone. :) Thanks in advance for any help .

Link to comment
Share on other sites

Hi,

There is no such thing as giving part of the house to your wife and keeping part for yourself. As a foreigner, you are not allowed to own property here, so your house can only be owned totally by the company or totally by your wife. There are other things such as leases and usufructs but these are not an option to you at this point. I'm sure you are aware that by going the company route, you are open to all sorts of problems and most people advise against this because if it is proved that your company is not legitimate, or is a nominee set-up, you could lose your property altogether.

The reason given for your being summoned to the police could well be that your appointee failed to make some revenue payment on your behalf, in which case you could probably sue him for that or at least prove that the money was indeed paid. But I fear that your problem could be bigger than this because, as I said, if there are any cracks in the legitimacy of your company, then you could be in trouble. So, I'd advise you to consult a very good lawyer before turing up at the police station. Have all your documents on hand and have a thorough understanding of all the potential issues so that you know what you are talking about. In fact, best take the lawyer with you because the BIB are not going to be able to understand your English explanation, no matter how good it is.

To answer your original question tho: you could probably close the company after having it sell or transfer the house to your wife, but it is a hugely laborious process and if done by a lawyer, it would set you back around 60K. But clear the first hurdle with the BIB about your non payment, and then you can work on your long term solution.

Best of luck.

Link to comment
Share on other sites

Musicman; the response from Richard just about sums it up.

From your post, I assume that your house is in the vicinity of Pattaya ? If so; just PM me because I think I can help you out of this potentially very tricky situation.

Cheers,

JGK/Pattaya

Link to comment
Share on other sites

There is no such thing as giving part of the house to your wife and keeping part for yourself. As a foreigner, you are not allowed to own property here, so your house can only be owned totally by the company or totally by your wife.

wrong information! a foreigner can bloody well own a house. what he can't own is the land on which the house is constructed. unfortunately it takes big efforts (and cash) to separate house from land if this is not done initially by applying for the building permit in the foreigner's name.

Link to comment
Share on other sites

You cant own a house in Thailand. Owning a house on the land means nothing. ( you cant sell it without the land owner ) You can put the house in your name but it means nopthing at all.

You say you have children here. Are the Children yours or from your wife and her ex ? If the children are yours. Give the land to them and then you lease it for 30 years from your children. This can be done but would need your wife to sign it as well. That is the only option you have. If you and your wife break up you will loose everything you have in Thailand anyway.

I agree wi9th the person who said a farang should never ever no matter what buy a home here in thailand. I have lived here 15 years i know i can never own a home. I have brought my son ( he is half thai / half farang ) a home here. I never want to own a home here becuase i no i cant.

The other option for you is to try and sell the home. Which would be even better.

Link to comment
Share on other sites

You should definitely see a good Lawyer before you go to the Police Station - if possible take him with you.

Although many Farang have set up Companies in order to buy Land / House here in Thailand it is technically illegal - particularly if the Company is doing no other busiess except owning the property and renting it out for a nominal fee.

There are periodic threats of a crackdown but they never seem to materialise, however in your case you have come to the attention of the authorities so they may decide to make an issue of it.

Patrick

Link to comment
Share on other sites

Hi,

There is no such thing as giving part of the house to your wife and keeping part for yourself. As a foreigner, you are not allowed to own property here, so your house can only be owned totally by the company or totally by your wife. There are other things such as leases and usufructs but these are not an option to you at this point. I'm sure you are aware that by going the company route, you are open to all sorts of problems and most people advise against this because if it is proved that your company is not legitimate, or is a nominee set-up, you could lose your property altogether.

The reason given for your being summoned to the police could well be that your appointee failed to make some revenue payment on your behalf, in which case you could probably sue him for that or at least prove that the money was indeed paid. But I fear that your problem could be bigger than this because, as I said, if there are any cracks in the legitimacy of your company, then you could be in trouble. So, I'd advise you to consult a very good lawyer before turing up at the police station. Have all your documents on hand and have a thorough understanding of all the potential issues so that you know what you are talking about. In fact, best take the lawyer with you because the BIB are not going to be able to understand your English explanation, no matter how good it is.

To answer your original question tho: you could probably close the company after having it sell or transfer the house to your wife, but it is a hugely laborious process and if done by a lawyer, it would set you back around 60K. But clear the first hurdle with the BIB about your non payment, and then you can work on your long term solution.

Best of luck.

be prepared to post bail at policestation, approx 1/3 of whatever the claim is. If you arrive LOS after due date, be prepared to post bail at point of immigration.

absolutely bring a lawyer to police interview.

Link to comment
Share on other sites

You should definitely see a good Lawyer before you go to the Police Station - if possible take him with you.

Although many Farang have set up Companies in order to buy Land / House here in Thailand it is technically illegal - particularly if the Company is doing no other busiess except owning the property and renting it out for a nominal fee.

There are periodic threats of a crackdown but they never seem to materialise, however in your case you have come to the attention of the authorities so they may decide to make an issue of it.

Patrick

Those that wrote the law are very much aware how it is being violated. At some point, expect them to step in and do the obvious.

Link to comment
Share on other sites

You should definitely see a good Lawyer before you go to the Police Station - if possible take him with you.

Sorry, no - first you need to know what the police like to have from you. :)

Send somebody in advance there and let ask what the problem is. The best is probably you send your wife (together with your lawyer).

Sorry again, i see now that they did like to see you yesterday.

.... what was the problem and ......?

Edited by Somrak
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.


  • Topics

  • Latest posts...

    1. 0

      UK Police Officer Arrested on Suspicion of Terrorism Offence Linked to Hamas Support

    2. 0

      Special Counsel Jack Smith Plans Early Retirement to Sidestep Trump’s Inaugural Power Move

    3. 0

      Houthis Missile Attack on 2 U.S. Destroyers in Bab el-Mandeb Strait, Pentagon Confirms

    4. 0

      Ottawa Teens Arrested Over Alleged Bomb Plot Targeting Pro-Israel Rally

    5. 0

      A Police Visit on Remembrance Sunday Reveals the Reality of Our Two-Tier Justice System

    6. 0

      CNN Faces Major Layoffs as Mark Thompson Plans Cost-Cutting Shake-Up Amid Ratings Slump

    7. 0

      Community Shaken by Display of Hate Outside Michigan Theater’s “The Diary of Anne Frank”

    8. 0

      Misogynistic Attacks Against Women Surge on Social Media Following Trump’s Election Win

  • Popular in The Pub


×
×
  • Create New...