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Posted

Is there a pro former letter in the Lands office I just have to sign.

This is a family home,

Clearly the funds are coming from abroad and did not originate form my wifes account, Is there any need to do funny business like depositing as cash into her account?

Or can I easily send it to my name account, transfer into her account, then sign this form ?

rolleyes.gif

Posted

Don't worry, they will have the letter (or declaration) ready for you to sign. In my land purchases, I have paid cash (once), a cashiers cheque, and a bank draft; all originating in my account without going through hers. Just another way of proving that you paid for it, regardless of what this declaration says. Keep receipts and any documentation of everything for future reference.

Daron

Posted

Don't worry, they will have the letter (or declaration) ready for you to sign. In my land purchases, I have paid cash (once), a cashiers cheque, and a bank draft; all originating in my account without going through hers. Just another way of proving that you paid for it, regardless of what this declaration says. Keep receipts and any documentation of everything for future reference.

Daron

Not exactly sure what you are inferring here, however if you believe that simply keeping evidence that the money came from you will give you any rights over the Land is totally incorrect.

The "declaration" you sign when purchasing Land in your wifes' name states that you understand you have no right of inheritance or even joint ownership.

Patrick

Posted

The "declaration" you sign when purchasing Land in your wifes' name states that you understand you have no right of inheritance or even joint ownership.

Surely that can't be right. There's no joint ownership, but you still have the right of inheritance - though you can't keep the land and must sell it within the year in the event of your wife's death.

Posted

The "declaration" you sign when purchasing Land in your wifes' name states that you understand you have no right of inheritance or even joint ownership.

Patrick

Not really. The letter you sign fulfils the legal obligation of the Thai official at the land office to verify the funds used in the purchase were sin suan tua of the Thai partner. If you lie on that form, and say the funds were sin suan tua of the wife, when in fact they are joint marital funds or even sin suan tua of yourself, then you have technically committed fraud. The land officer doesn't care about this though. Once you sign the letter, his job is done.

During a divorce action, the fact that you committed fraud is not relevant to the family court. That would be a criminal action and the police would have to take that up with a different court, if they could be bothered. The problem is, the injured party in that instance is the state, and they have not yet decided to care about the problem. The family court will look at the source of the funds to determine who really owns the assets. That doesn't mean a judge will make it easy for you during a divorce, but it is absolutely incorrect to imply you have no recourse just because you signed that letter.

When you hear Thai officials stating "farangs using their wives as nominees" this is what they are referring to.

Posted

Very interesting gregB, I was not really thinking of what you are saying when I asked the initial question, but what you say, is a excellent topic that I know nothing about. Any other input would be good thanks.rolleyes.gifrolleyes.gifrolleyes.gif

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