Land Departement Want Me To Sign Declaration

[rgrdns]

Hi all

I'm a farang who spouse is Thai national.

We are married without an "prenuptial agreement" or any kind of contracts.

My wife is going to buy an condo on her name this purchase is partial done by her own funds, a loan on here name (with "my approval" that I had to sign from the bank) and partial some funds from me (money earned in Thailand)

This is all agreed by me, no discusion about this!!

Now the issue is that the Land Departement want me to sign "a declaration that state that the funds used are the separate property of the Thai spouse".

That means I can not make any claim whats so ever on the property.

Now me & spouse we where really surprised when we hear this, we only worry what is going to happen with the property in case my wife dies.

Is this a normal procedure from The Land Departement?

Do I really obliged to sign such document?

Will the property go to: following order descendants witch we do not have, than parents, brothers and sisters and so on.......

Do I, as her husband have by signing this document no right at all and will the property go directly to her family?

Is it helpful to make a "Will"?

Can someone give me some advice about this matter,

Thank you guys

[Crossy]

It's certainly normal when purchasing land to ensure you are not using your wife as a nominee to get around the foreigner ownership laws but I'm not so sure about condos.

If you do go this route ensure she makes a will leaving it and its contents to you otherwise prepare for battles with family.

I'm not sure if it's relevant but is the condo in question part of the foreign ownership quota?

[stgrhe]

Could the reason possibly be because the unit is within the Thai quota?

[Mario2008]

It is normal procedure, it means that you cannot lay a claim in the sence of owning the land.

As has been said, have your wife make a will. When she dies it then can go to you, but you migth have to sell it within 1 year. (Depends on the percentage of ownership in the condo project). You are allowed to own a condo, provided the majority of the project is in thai hands. What you are not allowed to own is land.

Edit:

In the case of a divorce, you could still lay a claim to part of the value of the condo. Despite the declaration at the land office.

[PattayaParent]

It's certainly normal when purchasing land to ensure you are not using your wife as a nominee to get around the foreigner ownership laws but I'm not so sure about condos.

If you do go this route ensure she makes a will leaving it and its contents to you otherwise prepare for battles with family.

I'm not sure if it's relevant but is the condo in question part of the foreign ownership quota?

How would a Thai be able to register a condo in the foreign ownership quota in a Thai name?

Surely it would automatically become part of the Thai quota.

[kimmy]

It is normal procedure, it means that you cannot lay a claim in the sence of owning the land.

As has been said, have your wife make a will. When she dies it then can go to you, but you migth have to sell it within 1 year. (Depends on the percentage of ownership in the condo project). You are allowed to own a condo, provided the majority of the project is in thai hands. What you are not allowed to own is land.

Edit:

In the case of a divorce, you could still lay a claim to part of the value of the condo. Despite the declaration at the land office.

I think this is normal procedure as the OP describes, when you try to get a mortgage for the condo from a Thai bank. When the declaration is not signed it will count as foreign ownership, but the bank wants to have it as sole ownership of the Thai spouse for some reason, with the foreigner be the guarantor or something like that, or they won't give the mortgage.

[Jebhead]

I did something witch was almost identical situation as OP several months ago, we were also unaware about the declaration. I was out of the country when the wife went to land office with all parties involved, only then she found out it required my signature. Anyway what happened was quite funny, the woman at land office read the declaration over the phone to me and i was allowed to sign it when i returned some 3 weeks later, had to wet her palm tho....

Just as well tho coz we had a pretty big deposit down.

JH

[MikeyIdea]

Be careful OP. Be very careful. There is NO law stating that you have to sign that paper

I was the interpreter for a westerner in a family court divorce and custody case where the western husband had signed exactly that paper you are talking about and the court held up the paper in court and told him that he had no right to half of the condo

That is what I experienced myself in Thanyaburi Family court 6-July this year

My Advise: Do NOT sign and you will find that the land department eventually will let the wife buy the condo anyway - one day

Mario2008

Edit:

In the case of a divorce, you could still lay a claim to part of the value of the condo. Despite the declaration at the land office.

Sorry but I saw totally the opposite with my own eyes 6-July-2011

Edited September 6, 2011 by MikeyIdea

[MikeyIdea]

One miss

the court held up the paper in court and told him that he had no right to half of the condo

should of course be

the judge held up the paper in court and told him that he had no right to half of the condo

[MikeyIdea]

One miss

the court held up the paper in court and told him that he had no right to half of the condo

should of course be

the judge held up the paper in court and told him that he had no right to half of the condo

Edited September 6, 2011 by MikeyIdea