NikhilBkk Posted December 8, 2010 Share Posted December 8, 2010 Hi, I have a situation whereby a thai lady married to westerner officially wants to buy a home in hua hin without her husband knowing or having to co-sign it at the land office. I have managed to secure financing for her at a bank without using her husband but her mother but as a guarantobut found out at the land office that as she is offically married to a westerner, she has waived off her rights to buy a landed property in thailand and that it can be checked as she is officially married. Is there any way around it? Thanks. Link to comment Share on other sites More sharing options...
H2oDunc Posted December 8, 2010 Share Posted December 8, 2010 I believe that the husband has to sign a waiver to say that he has no legal claim to either the land or the house etc. There will be others who will be able to quote the exact wording but it is something along those lines Her not wanting to have him co sign I can understand but her not wanting him to know about the purchase stinks ! Just what type of marriage / relationship do they have ? Link to comment Share on other sites More sharing options...
Khun Jean Posted December 8, 2010 Share Posted December 8, 2010 It is easy to get around that. Divorce. Tjee... Link to comment Share on other sites More sharing options...
oracle Posted December 8, 2010 Share Posted December 8, 2010 Info from the land department: She can register ownership without the certify letter signed by both spouses - 'in case a Thai who has legal or illegal foreign spouse, if a Thai could show the evidence indicates that the spending on land is personal property or personal asset according to section 1471 and section 1472 of The Civil and Commercial Code, the competent officer could registers rights and juristic act for a Thai without testimony form of Thai nationality and an alien spouse according No.1 – No.3'. Civil Code: Section 1471. Personal property consists of: (1) property belonging to either spouse before marriage (2) property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse (3) property acquired by either spouse during marriage through a will or gift (4) Khongman. Section 1472. As regards to Sin Suan Tua, if it has been exchanged to other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall be Sin Suan Tua. Where the Sin Suan Tua has been totally or partly destroyed but replaced by other property or the money, such other property shall be Sin Suan Tua. Maybe it is a solution to register ownership in the mother's name who then donates the property as a gift to her daughter? Then it becomes a personal property and the certify letter is not required. The other option is simply to lie about her marriage. Link to comment Share on other sites More sharing options...
PattayaParent Posted December 8, 2010 Share Posted December 8, 2010 Who is going to check at the land office if she's married or not? Link to comment Share on other sites More sharing options...
Lite Beer Posted December 8, 2010 Share Posted December 8, 2010 Who is going to check at the land office if she's married or not? Her surname might give it away. Sawanee Smith or Jones. Link to comment Share on other sites More sharing options...
steve187 Posted December 8, 2010 Share Posted December 8, 2010 Is her Thai id in her husbands name? Link to comment Share on other sites More sharing options...
gregb Posted December 8, 2010 Share Posted December 8, 2010 Hi, I have a situation whereby a thai lady married to westerner officially wants to buy a home in hua hin without her husband knowing or having to co-sign it at the land office. I have managed to secure financing for her at a bank without using her husband but her mother but as a guarantobut found out at the land office that as she is offically married to a westerner, she has waived off her rights to buy a landed property in thailand and that it can be checked as she is officially married. Is there any way around it? Thanks. No. There is no legal way around this. If you have secured financing for her, that means she will be using money that is "sin somros", or joint marital property to repay the loan. That is specifically disallowed under the Thai land law. The funds must be "sin suan tua" of herself, and her husband must testify to this fact at the land office. This effectively rules out property loans for any Thais married to a foreigner under any circumstance. However, most banks with the exception of Government Housing Bank overlook this detail in the law, and as long as the husband is willing to lie on the form at the land office, the property will be registered. It can not be done without the husband's consent however. The only way she could acquire land without the husband's consent is to have her mother pay cash for the land, and then gift it to her. There is no way to do a loan under this scenario, but it does get around the requirement of the husband's signature at the land office. Link to comment Share on other sites More sharing options...
lopburi3 Posted December 9, 2010 Share Posted December 9, 2010 As this topic appears to have been answered and only illegal alternatives would remain it is closed. Link to comment Share on other sites More sharing options...
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