How Can I Own A House In My Name?

[einmon]

I built a house in my mother in laws garden. The price of the house was about 1.5 mill bath. They told me that the house would be in my name once finished, but every day I get a new explination, latest is that I have to marry the girl and then I can own 50% of the house.

I called the Land Office in Phetchabun, they told me that as a farang I can not own a house. I am not married.

Please help me out here, is the house considered to be lost in case we brake up. What if I marry the thai girl, can I then own the house?

Does anyone know a good lawyer and how much it will cost to get help.

[neverdie]

Edited May 19, 2011 by neverdie

[elliss]

yes , i know a good thai lady, who is also a lawyer ,

her husband is brtitish , and she speaks excellent english ...

however i will save you from paying her fees .

to quote shakespeare ,

you are a rite stupid ....

:jap:

[rebbu]

This should get interesting.

[TheWalkingMan]

Mate, you have been flimflammed. I predict that in the very near future you will be kicked out of the place and told that you have no rights and that it would be best for you to leave town while you still have your teeth. Sorry to sound harsh, but that is where it looks to be heading.

Do you know how to drive a bulldozer?

TheWalkingMan

[InterestedObserver]

To own the house you would first have to get the MIL to give you superficies land rights for her garden. I put the chance of that at somewhere between nill and zero. It is not possible to own the house without first getting legal, long-term permission to occupy the land. Marriage will not change the situation as the house was built pre-marriage thus will not be marital property subject to 50/50 split upon divorce. The MIL thanks you for building the house. The girlfriend thanks you for building the house.

Edited May 19, 2011 by InterestedObserver

[Cobalt60]

Good to see all research done before spending a Baht, or even a bath whatever that is.

[ThaiMouse]

Mate, you have been flimflammed. I predict that in the very near future you will be kicked out of the place and told that you have no rights and that it would be best for you to leave town while you still have your teeth. Sorry to sound harsh, but that is where it looks to be heading.

Do you know how to drive a bulldozer?

TheWalkingMan

Hello sorry to say you will never own a house in Thailand. Not as a farang anyway.

You better go and buy some Anethaine ( local anethetic cream) 'cos it looks like you got scr(#( ) in the tail end.

[thrilled]

Always do your homework before ya do something financially.They could right now order ya off the property.

You don't own anything.Maybe if ya get married you can own 50%.Don't ya read thailand blogs?Goodluck man

[trogers]

A Thai friend of mine have a few hundred rais with a large pond. Looking for some farang to build a Bt3m ark. Interested?

[Crossy]

Well the good news is that a foreigner CAN own a house (but not the land) the bad news is that the easiest route is to get the building permit in your name before construction starts.

Do you have any right of occupancy of the land (lease, usufruct, superficies)? If not and the building permit was not in your name, enjoy it while you can it's not yours.

[BlueSmurf]

Give her a million baht dowry that will make her happy she will even give you her side of the bed..Oh yes then you can pay her to devorce you....what was the original stupid question?..

[taurus8]

Off course the house is yours,if you can provide all the bills that you paid for construction. But The Land is theirs, and if your girl is honest she will go to Registry office with you and sign a 30 year (renewable) land-Lease.Then nobody can knock you out.But that also needs the document showing that that part of land is a induvidual property.Or, lease the whole plot.

[stgrhe]

<br />Well the good news is that a foreigner CAN own a house (but not the land) the bad news is that the easiest route is to get the building permit in your name before construction starts.<br /><br />Do you have any right of occupancy of the land (lease, usufruct, superficies)? If not and the building permit was not in your name, enjoy it while you can it's not yours.<br />

<br /><br /><br />

Even without a building permit in the OP's namne, house ownership separate from the land can be achieved, but as Crossy says, the OP needs either a land lease, a usufruct, a superficies or a right of habitation to be registered on the land title document. This will then be registered on the back side of the document.

In addition to that the OP needs:

1. The construction agreement to be in his name;

2. Verification that payments for the construction in fact came from his account (save all payment receipts);

3. When the construction is completed, the house needs to be registered at the land office and taxes and fees paid. However, there is no special title document for the dwelling itself; and

4. Register the house in OP's name.

[Langsuan Man]

Well the good news is that a foreigner CAN own a house (but not the land) the bad news is that the easiest route is to get the building permit in your name before construction starts.

Do you have any right of occupancy of the land (lease, usufruct, superficies)? If not and the building permit was not in your name, enjoy it while you can it's not yours.

a foreigner CAN own a house

Crossy with all due respect that is one of the biggest myths here at Thai Visa

The building permit will only be issued in the name of the person or entity on the chanote

The house book (Blue Book) will then by issued in the name of the person or entity on the building permit

All the utilities will be listed in the name of the person or entity on the house book

Please advise me exactly how a foreigner can own a house in Thailand (other than via the BOI investment rules)

I would love to be able to show my lawyer how it can be done

and stgrhe's route still does not result in a foreigner owning a house in Thailand and is entirely dependent upon a "friendly" land office

[chiangmaibruce]

Crossy with all due respect that is one of the biggest myths here at Thai Visa

The building permit will only be issued in the name of the person or entity on the chanote

The house book (Blue Book) will then by issued in the name of the person or entity on the building permit

All the utilities will be listed in the name of the person or entity on the house book

Please advise me exactly how a foreigner can own a house in Thailand (other than via the BOI investment rules)

I would love to be able to show my lawyer how it can be done

and stgrhe's route still does not result in a foreigner owning a house in Thailand and is entirely dependent upon a "friendly" land office

OK well there's a challenge. This is an interesting point which I would like to clarify/confirm. Has anyone reading this thread been able to get the building permit in their name? or tried to but then been told by the relevant officers that they cannot do that? Please share

[Livinginexile]

Well the good news is that a foreigner CAN own a house (but not the land) the bad news is that the easiest route is to get the building permit in your name before construction starts.

Do you have any right of occupancy of the land (lease, usufruct, superficies)? If not and the building permit was not in your name, enjoy it while you can it's not yours.

a foreigner CAN own a house

Crossy with all due respect that is one of the biggest myths here at Thai Visa

The building permit will only be issued in the name of the person or entity on the chanote

The house book (Blue Book) will then by issued in the name of the person or entity on the building permit

All the utilities will be listed in the name of the person or entity on the house book

Please advise me exactly how a foreigner can own a house in Thailand (other than via the BOI investment rules)

I would love to be able to show my lawyer how it can be done

and stgrhe's route still does not result in a foreigner owning a house in Thailand and is entirely dependent upon a "friendly" land office

Yes I agree!

I have done much research on this subject and at the end of the day I too have come to the conclusion that only the land owner can apply for a building permit.

Crossy please proof me wrong, I would love to know if my lawyer and land office have been giving me wrong information.

Edited May 20, 2011 by Livinginexile

[Nawtier]

Set fire to it and make sure there is a trail of fuel to MIL's house......

[meatboy]

for the second time this morn.dont you just love them,another thai classic we should have a forum on its own,named thai classics,brains or no brains,los,land of scams any more.

[Tatsujin]

Do people leave their brain's behind when they come to Thailand or simply choose not to use them? Why the hell would you shell out any money on something like this BEFORE finding out the rules and regulations first?

@OP - it's not your "mother-in-laws" garden, it's the mother of your female "friend" . . . you aren't married.

Yet another idiot thinking with something between his legs instead of his brain.

[ESB7]

Well better get married then.....by the way, how much is the sin sod???...another 500,000 perhaps so they can get the pick up..or have you already bought one of them

[trisailer]

You have to ask yourself why you would want to continue a relationship with a woman and a family who are obviously cheating you.

If you want to try to be with this woman than get yourself a Thai representative and go and tell them that you want to make this right with your name as owner of the house (if this is even possible). If they agree than maybe you have a shot, but don't have any expectation that your name on the house is going to change anything.

There are a thousand ways for them to run you off.

If it were me I would be preparing an exit.

Learn the lesson and try not to repeat it.

Edited May 20, 2011 by trisailer

[Crossy]

OK, I'll admit to not actually having done this because our building permit is in my wifes name although I do have an usufruct against the land.

But, as I understand it, if you have documented permission to use the land (lease, usufruct, etc.) then even as a foreigner you can get a BP in your name and therefore easily own the house after construction.

Obviously (as with 99% of things in Thailand) the actual ability to obtain said BP depends upon your local land department's knowledge of, and interpretation of, the rules.

Either way, it doesn't help our OP as the house is already built and everything is likely registered against his GF's mum

[Nawtier]

I think if you have permission from the land owner....you can get the BP.......but as said, to late now......or you could knock it down and rebuild, get permit this time.......doubt a permit was even obtained as most do not in the sticks.

[Khun Jean]

If this far in i would start proceedings to get an official rental agreement or usufruct. Not all Thai people are ripping of foreigners, most are honest and want to help.

Maybe the land does not even have a chanot so a lease might not even be possible, helping the family getting that might be a step in the right direction.

[kamalabob2]

I will not comment on the O.P. situation, but I can assure any Thai Visa member that a "Permission to build" a private residence in a non Thai name is NOT difficult. You need not be married to a Thai citizen to obtain a "permit to build". There were 14 documents to submit to the particular building permit office in our little town in Buriram Province. The requirements are the same Nationwide. The land was in the name of a Thai citizen who gave me permission to build a house. We had inexpensive, but real house plans drawn up by a licensed Thai architect and licensed Thai structural engineer. The free Government house plans would have worked also in this "permission to build" process.

I made a choice to obtain a "Yellow House Book" using a rental address instead of going to Bangkok or to a Thai Immigration office for a "statement of residence" paper. This country (and most modern nations) are built on "paperwork" and I had all the "papers". Once I paid about 800 baht (our house is too large, most "permission to build" fees are lower due to most houses being a more sensible size)the document was forthcoming. It took less than one week, once I submitted my brand new Yellow House book as part of this permit process.

The water service, telephone service, electrical service, internet service and garbage pick up service are in my name. I have a yellow house book listing me as the head of household or some such title, my wife and daughter are in a blue house book for our present home. The current YELLOW house book I obtained in a few hours (absolutely at no charge, same price as the first yellow house book) once I followed the established Thailand process of turning in one yellow house book and simply paperwork for a new yellow house book. Obtaining a "house number" was a breeze since I had a "permission to build" document. The electric utility had no chance for a bribe since I had all the proper paperwork.

I'll try to attach a copy of both sides of the Thailand document with my name listed in Thai. I will also attach the guidelines from Patong, Phuket which our local "permission to build" local government office (not land office) followed.

In my opinion there are many advantages to using a Usufruct rather than a "lease" for the land. A giant difference in the government fees is just one point.

Having a "permission to build" document is also a key point if there was ever a dispute or claim with the home owners insurance company. Prove on paper how large your home is without an approved set up building plans. I've had many occasions to use an excellent bi-lingual attorney for questions and documents in Thailand, but a "permission to build" is a process that one need not employ an attorney in my opinion. Maybe the O.P. should consider a "pre-nuptial" agreement in Thai and English, which is valid in Thailand and it is registered just minutes before your wedding papers at the appropriate local government office.

[kamalabob2]

Looking at what I just posted above, I did NOT have #9 since "company registration" is not any part of the parcel of land or house. The vast magority of the houses in Thailand that obtain a "permission to build" document are NOT any part of a "company". A permission to build is yet another small tax, much in the same manner we had the 22 baht a year "land tax" receipt for the parcel of land the house in the photo is built. I've paid the "land tax" four years in advance, and save the receipt since they seem to mail out an invoice each year for the 22 baht. 6 day a week municipal garbage service in our little town is 20 baht a month. 7 day a week "sign the police box at least twice a day" is 500 baht a month in this community.

[thaiwanderer]

It's not at all a myth that a non-BOI approved foreigner can own a house but its usefulness is another matter tied into the general prohibition on froeigners owning land.

For the OP even if the family were willing his ownership or even use of the house may not be possible.

Unless he has missed anything out on the story, he has lost the build price and is unable to stop the MIL benefitting from the nice gift of a house.

Separately as possibly lacking a building permit the authorities might require him to remove the building or in lacking permission from the MIL she might require him to remove the house and put the land back to how it was before (though I suspect she might just like to keep the house which he can do little about).

[chiangmaibruce]

Thanks for your informative post Kamalabob.

[phuketrichard]

I owned my house in Phuket, Land was owned by my friend and my name was entered on the back of the Nor sor sam paper .

I was shown as the owner when they applied for building permits and all payments were made by me with recipts going to me. One strange thing as I as a Farang could not get the electric meter in my name and it had to be a Thai

Of course not airtight but as i trusted my friend i never worried. 9 years later sold it. before the crash . Now i rent and when the shit hits the fan i can pack my bags and leave.

Edited May 22, 2011 by phuketrichard