Thai Woman Marrying Foreigner Cannot Buy Property In Her Name

[Colabamumbai]

I was told that if I marry a Thai woman being a foreigner that she cannot buy and own new property in her name? She currently has a house in her name and the ex husbands name that she has defaulted mortgage payments to the bank for ten months. She has pretended that her ex has being making the bank payments but he has not and has no divorce agreement to state the he would. The bank says that if I make the payment due they will take her ex husbands name off the owners, banks list and add mine. Will that encure me any liability as a foreigner here if we do not marry or divorce. Should I be added or not, even if I make the payment? Would I be held rsponsible for any lack of payment and receive a bad credit rating in Thailand.??

[moe666]

You listen to wrong people, my friend, teacher at international school bought house in his wifes name about 2 years ago.

[Jimi007]

Hire a lawyer and save yourself a headache. Or just don't do it and really save a headache! But from what I understand, you could be on a house book, but you cannot own the land. But then there is the land problem. If she doesn't own the land before you are married the land office may reject her ownership as it was your money. If you give her the money before you are married, then it is a gift to her and she would own the land. Then if married you could inherit the land if she died, but you would have to sell it to a Thai within a year. There are threads about all of this. I can't remember the exact rules off the top of my head as I haven't wanted to try it. My GF has at least 40 rai and I haven't jumped on building a place there, although I can put the building permit in my name and I would own the house, but not the land. I've read about farangs knocking down their house on their Thai ex Gf/wife's land. If you have money to lose, go for it. But at least get a lease 30 year agreement on the land and house. You'll need a lawyer for that.

Edited July 2, 2010 by Jimi007

[Lite Beer]

Moved to Real Estate.

[sarahsbloke]

You need to look at the mortgage statement, see the outstanding amount, see the repayments the bank want.

From that document work out the yearly interest, divide by 12, offer the bank interest only (yearly interest divide by 12)

Do not trust the Thai lady to tell you anything, the bank will accept interest only, you pay them direct, no promises to anyone from you.

Don't expect anything in return, don't pay anything if another mans name on any documents.

But even then, only if you are living in the house ..... and having fun.

PS

My previous gf was 1 month behind on her mortgage, and the bank staff were knocking on the door.

10 months in arrears seems unusual (give me 10 months money scam?), seen any bank staff around?

Edited July 3, 2010 by sarahsbloke

[Colabamumbai]

You need to look at the mortgage statement, see the outstanding amount, see the repayments the bank want.

From that document work out the yearly interest, divide by 12, offer the bank interest only (yearly interest divide by 12)

Do not trust the Thai lady to tell you anything, the bank will accept interest only, you pay them direct, no promises to anyone from you.

Don't expect anything in return, don't pay anything if another mans name on any documents.

But even then, only if you are living in the house ..... and having fun.

PS

My previous gf was 1 month behind on her mortgage, and the bank staff were knocking on the door.

10 months in arrears seems unusual (give me 10 months money scam?), seen any bank staff around?

Thanks went to the bank they should me the amount back due $56,000 bhat, then to resume regular payments $4,900 bhat a month. Have the statement here. Bank said they would take Ex husbands name off papers if I make the back payment. The bank says the interest rate is 4.25% but I see an amount of 13.5% that may be what she is paying on the overdue amount. I told her to go to the bank months ago but being a Thai girl she would not. Of course no one in her bank can speak English. I think it is the mortgage company or housing development company that she bought the house from that she pays to. The papers say Finacle there is nothing on the papers to suggest

Kasikorn or TMB etc. I would only pay the bank directly and only after they take the ex husbands name off the contract. I told the possible wife to get me 5,000 bhat to show her goodwill if I make the $56,000 bhat payment. Thanks again

[Somrak]

Sure, the bank woud be very happy to put your name in there papers as borrower! The husband will still be the owner and ...........

This brings you nothing at all.

May better stay away.

[jackdawson]

slow (way) down cowboy

The bank says that if I make the payment due they will take her ex husbands name off the owners, banks list and add mine.

i'd get that in writing , in triplicate , signed by the bank president , notarized and then not do it anyway

I told her to go to the bank months ago but being a Thai girl she would not

nice slam there . i personally know many thai girls who go to banks , some for work even .

[Mario2008]

A Thai national can own property, including land, even when married to a foreigner. In the past a Thai woman couldn't own land if married, but the law changed.

You as a foreigenr can own a condo, under circumstances, but not land.

If the house (and land) are in the names of both ex-spouses, both have a claim to it. How was the property diveded during the divorce? That is another subject as to who has to pay for the morgage, both seem to have signed for that and both are liable to pay the morgage, regardless of who's property it is.

[trogers]

Bank papers? All the bank has in its control is the loan contract. The title deed is under the control of the Land Department.

So the bank is glad to include you into its loan contract as a debtor. Will the Land Department include you as a co-owner of the property?

[dave111223]

That sounds like a great deal!

You start paying off someone else debt for a property that you can never own...and in exchange they'll put your name on the loan as a co-borrower! Sign me up!

[Colabamumbai]

Bank papers? All the bank has in its control is the loan contract. The title deed is under the control of the Land Department.

So the bank is glad to include you into its loan contract as a debtor. Will the Land Department include you as a co-owner of the property?

Thanks now just called her she understands, we will go to the Land Department first and explain the situation to them, That both parties have defaulted on the loan and since she is divorced and now ready to pay the bank without his help, his name should be removed from the deed and it should be only in her name.

Your information has been most helpful. I don't mind if I can never own the house, as long as she can solely in her own name.

[hhgz]

"Of course no one in her bank can speak English."

Of course. Does the woman with whom you are involved speak English? Perhaps she could assist you.

"She has pretended that her ex has being making the bank payments..."

Excellent, and you want to be involved with her, her lies, her debts, and her ex because...

"Would I...receive a bad credit rating in Thailand.??"

If you aren't sure that you can cover the 5000THB/month payment, why would you even consider getting legally involved with this debt?

Edited July 4, 2010 by hhgz

[Prajak]

" A Thai national can own property, including land, even when married to a foreigner. In the past a Thai woman couldn't own land if married (..to a farang..), but the law changed. "

True. The law has been changed since a court ordered that this was discrimination.

Find a good lawyer if you want usufruct in your name. By the way, the "gift" before marriage has been seen through by a few land offices. You need a good lawyer. Ask your ambassy, they usually have a list. Better pay 30 k for GOOD advice and help than lose your money.

[trogers]

My personal view of this case is that a property acquired jointly by a husband and wife, and both their names are recorded in the title deed as such, cannot be changed to just a single name as sole owner. Whether by the bank or the Land Department.

If the mortgage is not being paid back, the bank has to apply to the courts to foreclose the property and has it auctioned off by the Legal Execution Department.

However, if the property is sold to the wife, meaning the ex-husband is willing to sell his paid share to his former wife for a sum of money, and the bank is agreeable to this arrangement, all parties can go to the Land department to effect this sales. The wife becomes the new single owner of the property, and the bank register a new mortgage agreement, with the wife and new husband as mortgagees.

[donx]

My personal view of this case is that a property acquired jointly by a husband and wife, and both their names are recorded in the title deed as such, cannot be changed to just a single name as sole owner. Whether by the bank or the Land Department.

If the mortgage is not being paid back, the bank has to apply to the courts to foreclose the property and has it auctioned off by the Legal Execution Department.

However, if the property is sold to the wife, meaning the ex-husband is willing to sell his paid share to his former wife for a sum of money, and the bank is agreeable to this arrangement, all parties can go to the Land department to effect this sales. The wife becomes the new single owner of the property, and the bank register a new mortgage agreement, with the wife and new husband as mortgagees.

I agree with trogers on this. For the best result, the ex-husband is going to have to get involved. Without his cooperation the property will need to go through foreclosure in order to remove the ex-husband from the title. If you work solely through the bank then the property will still be partially owned by the ex-husband.

As for the OP's original question (and title of this thread) the answer is as others have said. A Thai woman married to a foreign can buy property in her name.

[glomp]

Talk about toxic assets. If this girl pretends things like this how can you trust what ever translation she gives you?