Thai Wife Wants To Buy Land From Someone Who'S Ex-Wife Is Still On The Land Title.

[guajardorr]

My thai wife wants to buy land from a monk who's ex-wife is still on the title of the land. Does the ex-wife have to sign the sales agreement along with the ex-husband who is selling the land?

[seekingfriends]

hi .i would tell her to look for some other land . sounds trickey . james hat yai

[bifftastic]

Yes I think so, if her name's on the Chanote she would have to agree to the sale.

[guajardorr]

Thanks guys, that's what I thought. Sounds kind of shady. I fear that if we go ahead and buy the land from the monk with his ex-wife's name on the Chanote that she will have rights to the land and the monk will make out with our money. I was wondering if there was some kind of law in Thailand that requires whoever's name is on the Chanote has to sign over the agreement. I know here in the states if a couple is divorced the ex-wife usually has a right to what ever her name is on especially assets. That is unless an agreement was written into the divorce decree.

[bifftastic]

As far as I'm aware, those who are named on the Chanote have to be present when it's transferred at the land office.

So, if you want to go ahead then you should not hand over the money until that point. At which time any split or sharing of the proceeds will be up to them (the monk and the ex-wife) to sort out between them.

Once the Chanote is transferred to your wife's name, you'll be fine.

The potential pitfall would be if you only deal with the monk and give him the money first.

When my g/f and I bought her house, we had a contract with the seller which was signed and witnessed by the Pu Yai Baan and others of 'good standing' in the village, I'm not sure of the details of it exactly (I wasn't in the country at the time) but when the money was all paid up it was signed and witnessed again as having been completed, then, when the Chanote was transferred, all parties involved went to the land office together.

Seeing as you know the ex-wife's name is on the Chanote, any pre-sale contract should include her as well.

If you've got all the money to buy the land you probably don't need the contract at all, but don't hand it over till you're at the land office and it's all about to happen, land office people are ready to transfer it over to your wife's name, which will involve the ex-wife for sure.

See what the monk says when you mention this, if he says something like 'no problem, no need to involve the ex-wife' find some other land.

If he's willing to get her involved, take it from there.

Oh and don't let your wife put too much value into the fact that he's a monk and therefore everything he says must be true by default.

It may be the case that he doesn't know he needs to involve the ex-wife, or indeed that he just doesn't care about your problems in the future with said ex-wife being on the Chanote and, for example, not being willing to sell!

Edited April 11, 2011 by bifftastic

[guajardorr]

Thanks for the advice. I figured as much, it's just that my wife really wants this land. I told her if has to be legit before we buy...

Rick

[katabeachbum]

As far as I'm aware, those who are named on the Chanote have to be present when it's transferred at the land office.

So, if you want to go ahead then you should not hand over the money until that point. At which time any split or sharing of the proceeds will be up to them (the monk and the ex-wife) to sort out between them.

Once the Chanote is transferred to your wife's name, you'll be fine.

The potential pitfall would be if you only deal with the monk and give him the money first.

When my g/f and I bought her house, we had a contract with the seller which was signed and witnessed by the Pu Yai Baan and others of 'good standing' in the village, I'm not sure of the details of it exactly (I wasn't in the country at the time) but when the money was all paid up it was signed and witnessed again as having been completed, then, when the Chanote was transferred, all parties involved went to the land office together.

Seeing as you know the ex-wife's name is on the Chanote, any pre-sale contract should include her as well.

If you've got all the money to buy the land you probably don't need the contract at all, but don't hand it over till you're at the land office and it's all about to happen, land office people are ready to transfer it over to your wife's name, which will involve the ex-wife for sure.

See what the monk says when you mention this, if he says something like 'no problem, no need to involve the ex-wife' find some other land.

If he's willing to get her involved, take it from there.

Oh and don't let your wife put too much value into the fact that he's a monk and therefore everything he says must be true by default.

It may be the case that he doesn't know he needs to involve the ex-wife, or indeed that he just doesn't care about your problems in the future with said ex-wife being on the Chanote and, for example, not being willing to sell!

owner/seller (monks ex wife) does not need to be present at land office. Proxy and transfer form works fine with Chanote. However if she can not be contacted I would require at least to speak with the person witnessed her sign docs to have confirmed she actually did it.

[bifftastic]

As far as I'm aware, those who are named on the Chanote have to be present when it's transferred at the land office.

So, if you want to go ahead then you should not hand over the money until that point. At which time any split or sharing of the proceeds will be up to them (the monk and the ex-wife) to sort out between them.

Once the Chanote is transferred to your wife's name, you'll be fine.

The potential pitfall would be if you only deal with the monk and give him the money first.

When my g/f and I bought her house, we had a contract with the seller which was signed and witnessed by the Pu Yai Baan and others of 'good standing' in the village, I'm not sure of the details of it exactly (I wasn't in the country at the time) but when the money was all paid up it was signed and witnessed again as having been completed, then, when the Chanote was transferred, all parties involved went to the land office together.

Seeing as you know the ex-wife's name is on the Chanote, any pre-sale contract should include her as well.

If you've got all the money to buy the land you probably don't need the contract at all, but don't hand it over till you're at the land office and it's all about to happen, land office people are ready to transfer it over to your wife's name, which will involve the ex-wife for sure.

See what the monk says when you mention this, if he says something like 'no problem, no need to involve the ex-wife' find some other land.

If he's willing to get her involved, take it from there.

Oh and don't let your wife put too much value into the fact that he's a monk and therefore everything he says must be true by default.

It may be the case that he doesn't know he needs to involve the ex-wife, or indeed that he just doesn't care about your problems in the future with said ex-wife being on the Chanote and, for example, not being willing to sell!

owner/seller (monks ex wife) does not need to be present at land office. Proxy and transfer form works fine with Chanote. However if she can not be contacted I would require at least to speak with the person witnessed her sign docs to have confirmed she actually did it.

Good to know. Yes, all possible checks should be made in that case!

[katabeachbum]

As far as I'm aware, those who are named on the Chanote have to be present when it's transferred at the land office.

So, if you want to go ahead then you should not hand over the money until that point. At which time any split or sharing of the proceeds will be up to them (the monk and the ex-wife) to sort out between them.

Once the Chanote is transferred to your wife's name, you'll be fine.

The potential pitfall would be if you only deal with the monk and give him the money first.

When my g/f and I bought her house, we had a contract with the seller which was signed and witnessed by the Pu Yai Baan and others of 'good standing' in the village, I'm not sure of the details of it exactly (I wasn't in the country at the time) but when the money was all paid up it was signed and witnessed again as having been completed, then, when the Chanote was transferred, all parties involved went to the land office together.

Seeing as you know the ex-wife's name is on the Chanote, any pre-sale contract should include her as well.

If you've got all the money to buy the land you probably don't need the contract at all, but don't hand it over till you're at the land office and it's all about to happen, land office people are ready to transfer it over to your wife's name, which will involve the ex-wife for sure.

See what the monk says when you mention this, if he says something like 'no problem, no need to involve the ex-wife' find some other land.

If he's willing to get her involved, take it from there.

Oh and don't let your wife put too much value into the fact that he's a monk and therefore everything he says must be true by default.

It may be the case that he doesn't know he needs to involve the ex-wife, or indeed that he just doesn't care about your problems in the future with said ex-wife being on the Chanote and, for example, not being willing to sell!

owner/seller (monks ex wife) does not need to be present at land office. Proxy and transfer form works fine with Chanote. However if she can not be contacted I would require at least to speak with the person witnessed her sign docs to have confirmed she actually did it.

Good to know. Yes, all possible checks should be made in that case!

yepp, and the payment (cashier check) must of course be issued to the registerd land owner (munks ex wife) unless her proxy states otherwise