Getting A Name Removed From Contract

[saintpeter48]

advice needed please. i have put a large deposit on a condo in jomtien and my thai wife and i both have signatures on the contract, the balance is due to be paid in march next year and completion the same time. my wife and i have now split and i wondered about how to get her signature off the contract, we both live in england. if anyone has any advice in what i should do i would be very grateful. thanks in advance.

[InterestedObserver]

How do you intend to register the title deed (chanote) for the condo, in your foreign name? The condo builder does not care who pays, just as long as he gets his money. I'd be more concerned with divorcing your Thai wife before you legally take possession of the condo, so the then ex-wife cannot claim half as marital property. I assume that you intend to keep the condo and not forfeit your large deposit.

Edited September 25, 2010 by InterestedObserver

[saintpeter48]

we have both signed the 'condominium sales and purchase agreement' form, thats all. i do intend keeping the condo but do not want to pay the final balance only to find that i'll lose everything or even half. i intend to register the condo in my name only and in the meantime will set the wheels in motion re divorce. is there an easy way to get her name removed that would mean that she couldn't claim against me or, by say, a small payment to her. thanks again in advance.

[PattayaParent]

Just ask the developer to tippex out your wifes name.

[hagler]

Advice???

Make a booking with a very,very good Family Law lawyer ASAP. Anything else is just sticking a bandaid on a broken leg.

[harrry]

If you divorce i England you will lose at leaast half...it is common property there and even if you manage to get her name off it it will still go in the pool.

[InterestedObserver]

If you divorce i England you will lose at leaast half...it is common property there and even if you manage to get her name off it it will still go in the pool.

The OP needs to divorce before he takes legal possession of the title deed (chanote) from the land office in Thailand. At this point there is no condo, only a signed contract. If the OP has registered his marriage in Thailand, then he should divorce in Thailand to take care of the condo issue. Just taking the wife's name off contract will not solve his problem.

If the OP married and divorced in the UK, but did not register the marriage in Thailand, it is doubtful if the UK divorce settlement could be enforced against the condo in Thailand. Only a Thai lawyer can answer that question.

Edited September 26, 2010 by InterestedObserver

[saintpeter48]

we married in thailand so i guess i'll have to get back there to obtain a divorce. another route would be to ask my ex to sign the property over to me and i'll pay her a fee as settlement with the clause that if she does not agree we both lose property, a lose lose situation.......just looking at the best way to go about it.....think i'll have to get legal advice in thailand and take it from there, but if anyone knows or has any other advice i'd be very grateful, thanks.

[stgrhe]

we married in thailand so i guess i'll have to get back there to obtain a divorce.

To get the divorce approved both of you must agree to the divorce or else it will take time.

[gregb]

we have both signed the 'condominium sales and purchase agreement' form, thats all. i do intend keeping the condo but do not want to pay the final balance only to find that i'll lose everything or even half. i intend to register the condo in my name only and in the meantime will set the wheels in motion re divorce. is there an easy way to get her name removed that would mean that she couldn't claim against me or, by say, a small payment to her. thanks again in advance.

The name on the condo contract right now is not nearly as important as whether or not this condo is going to be classified as sin suan tua of yourself, or sin somros during the divorce. I would just complete the contract in the most expedient way possible right now, and worry about removing your ex's name during the divorce settlement process. The simple fact is, even if the condo is only in your name, but the funds used to pay for it were sin somros, then your Thai wife would be entitled to half.

You have to divorce first before any of this matters. While you are still legally married, there are very carefully constructed rules in Thai family law as to who gets what during the divorce. If you are paying for this condo out of your own funds that you had before the marriage (sin suan tua of the husband), then you will get the condo in the divorce free and clear. It may require going to court for a judgement, but the condo will be yours.

If, on the other hand, you used funds that were sin somros (joint assets), it doesn't matter whose name is on the condo or the contract. Your wife gets half. Period. You and your wife together right now are a legal entity. If you are earning any money at all right now (earning means you acquired the money after the marriage, i.e. you can't show they were in a bank before the marriage), then your wife legally owns half of that money, or alternatively anything and everything you buy with those funds.

So, I understand what you want, but it is meaningless to worry about this while you are still married. You have to resolve that issue first. Go talk to a good lawyer and deal with the divorce first.

[PattayaParent]

How did you pay the deposit?

Was the money transferred to an account in Thailand in your sole name? joint account? wife's account?

Come time to pay the balance and register the condo make sure the developer puts the Chanote in your name only, provided he has foreign quota available, he might have classed your unit as Thai quota and sold out the foreign quota.

If it's possible to register in the foreign quota then you need to transfer the money to an account in your name only to get the FETF for the land office. You may have to transfer the full amount of the contract to do this though.

[saintpeter48]

I paid all of the deposit in cash and the receipt for that money is in my name only, i have copied and pasted the estate agents reply;

We have looked at the documentation and it does state her name as you advise. Legally she has the right to purchase the unit with you if she pays 50%. Does she have funds? Would she want the unit? Would she chase you for some ownership of the unit? So far all monies paid have paperwork supporting your name only. I don’t think developer will have an issue transferring into your name only as long as your ex-wife is not causing trouble.

[PattayaParent]

So you just have to sort out with the developer that the unit can be registered in the foreign quota.

And then follow the advice of gregb in paying the remaining money from your own funds that you had before marriage.

[donx]

So you just have to sort out with the developer that the unit can be registered in the foreign quota.

And then follow the advice of gregb in paying the remaining money from your own funds that you had before marriage.

I believe that if his name was on the original contract that the unit must be in the foreign quota. It is my understanding that if a condo is purchased jointly by a foreigner and a Thai, then the condo is considered as foreign owned. At least this is what has been posted in this forum in the past.

[saintpeter48]

I intend getting over there in February to try and sort things out, don't know how difficult it will be because my wife is staying/working here in England, surely both of us will have to be present in any divorce proceedings or is there a way round this. The developement, like many others over there at the moment, is way behind, it should've been completed 2 years ago, its been a bloody nightmare and i also thought about getting the contract cancelled due to them failing in their part of the bargain, any advice, thanks.

[InterestedObserver]

If your contract terms and conditions permit cancellation, fine. Actually getting your deposit money back is another matter. For a quick, uncontested divorce at the Amphur both parties must be present.

Edited October 1, 2010 by InterestedObserver