musicman2004uk Posted February 14, 2010 Share Posted February 14, 2010 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 More sharing options...
richardt1808 Posted February 14, 2010 Share Posted February 14, 2010 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 More sharing options...
jaapfries Posted February 15, 2010 Share Posted February 15, 2010 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 More sharing options...
Naam Posted February 15, 2010 Share Posted February 15, 2010 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 More sharing options...
Jonathanpattaya Posted February 15, 2010 Share Posted February 15, 2010 Things to continue not doing in Thailand: 1. Buying property Link to comment Share on other sites More sharing options...
ongoing Posted February 15, 2010 Share Posted February 15, 2010 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 More sharing options...
p_brownstone Posted February 15, 2010 Share Posted February 15, 2010 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 More sharing options...
Naam Posted February 15, 2010 Share Posted February 15, 2010 Things to continue not doing in Thailand:1. Buying property especially if you don't have the money to buy property Link to comment Share on other sites More sharing options...
katabeachbum Posted February 15, 2010 Share Posted February 15, 2010 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 More sharing options...
Pakboong Posted February 16, 2010 Share Posted February 16, 2010 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 More sharing options...
ZOOKA Posted February 24, 2010 Share Posted February 24, 2010 Hi Music Man Any news on your house problems? Hopefully its all OK? Link to comment Share on other sites More sharing options...
Somrak Posted February 26, 2010 Share Posted February 26, 2010 (edited) 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 February 26, 2010 by Somrak Link to comment Share on other sites More sharing options...
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