Can My Wife Sell Our House Without My Signature?

[PattayaXpat]

I'm abroad and we have our house for sale and was curious if my wife can sell it on her own? It's in her name but I did need to sign a document stating that I gave her the money for the purchase. It would be more convenient for us to sell it out right instead of me rushing back there...

Thank You

[uptheos]

I may be completely off base here, but I thought a farang foreigner shouldn't give money to a Thai for the specific purpose of buying a house.

As I say, I could be completely wrong.

Edited October 31, 2012 by uptheos

[pmem]

Yes!

[PattayaXpat]

Yes!

Yes she can?

[uptheos]

This what I probably read long ago, or something like it.

However, under current Land Office policy the Thai spouse can own land in Thailand, provided that the foreign spouse signs a letter declaring the property to be the separate property of the Thai spouse and waiving any interest in the property.

http://www.invest-hu...m/land-laws.htm

Edited October 31, 2012 by uptheos

[PattayaXpat]

This what I probably read long ago, or something like it.

However, under current Land Office policy the Thai spouse can own land in Thailand, provided that the foreign spouse signs a letter declaring the property to be the separate property of the Thai spouse and waiving any interest in the property.

http://www.invest-hu...m/land-laws.htm

Now I'm really showing my ignorance, maybe that it what I signed, I recall giving her a hard time at the land office because she could sell it now...... The wife is asleep, I'll call in the morning and get clarification about that.

I hear story's all the time about guys getting houses sold with out their knowledge, but it never happened to anyone that I knew, so I can't confirm it.

Thanks For The Reply!

[TommoPhysicist]

Your wife can do anything she wants with her house.

Edited October 31, 2012 by TommoPhysicist

[PattayaXpat]

You wife can do anything she wants with her house.

That's honestly what I thought, but we were both getting nervous about it....

[MYKTHEMIN]

Last month sold one of my houses in Bangkok, it was in the wifes name, however I had to go and sign the papers with her, she could not sell it without my signature.

[fatfather]

Half year ago we bought land and I had to sign at the land office that the money wasn't from me, i.e. in case of a divorce I cannot claim anything. Never heared that a falang had to confirm that it is his money. Maybe you missunderstood what you signed at the land office

Fatfather

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[Khun Jean]

The document a foreigner has to sign is for the land. A house is common property when bought/build when married.

However it is pretty complicated to register it separate from the land.

If the land was bought and the house build later, the house is certainly common property and would need both signatures.

So, the answer is , it depends.....

[TEFLKrabi]

I am being asked to sign a document before the bank confirms a house loan for my wife but I cannot get to the bottom of the meaning of it. My wife says that, as her husband, I need to give her permission to buy the land/house (or something like that). Anyone know the true meaning of this document?

[happynthailand]

if a yellow book was given to you, you need to sign selling the house

[ballbreaker]

Property acquired after marriage must be jointly managed by husband and wife. This means both signatures are required for the sale of property.

Read below link for details of Thai law.

http://www.samuiforsale.com/law-texts/thailand-civil-code-part-3.html#1474

[PattayaXpat]

My wife just called the land office and they said that she is free and clear to sell the property with out me! Thank you again for all the replies.

[TommoPhysicist]

I am being asked to sign a document before the bank confirms a house loan for my wife but I cannot get to the bottom of the meaning of it. My wife says that, as her husband, I need to give her permission to buy the land/house (or something like that). Anyone know the true meaning of this document?

Almost certainly a form stating you are guarantor for the loan.

She defaults on the loan, they can chase you for payment or seize your assets.

[Farma]

I am being asked to sign a document before the bank confirms a house loan for my wife but I cannot get to the bottom of the meaning of it. My wife says that, as her husband, I need to give her permission to buy the land/house (or something like that). Anyone know the true meaning of this document?

It sounds the same as I've encountered twice in bank dealings.

Once was to sign saying I had no objection to my wife seeking a home loan.

The other was to sign saying i had no objection to my wife leasing a building to the bank.

[soi41]

My wife just called the land office and they said that she is free and clear to sell the property with out me! Thank you again for all the replies.

If the property in question is common property (bought during marriage) and you are officially married, NO way she can sell the property without your signature. If the landoffice despite that allows the sale to proceed, they are breaking the law. See post #14.

[TommoPhysicist]

Property acquired after marriage must be jointly managed by husband and wife. This means both signatures are required for the sale of property.

Read below link for details of Thai law.

http://www.samuifors...art-3.html#1474

Unless you signed a form making it Sin Suan Tua, which as a foreigner you will have done.

Section 1473. Each spouse is manager of his or her Sin Suan Tua

Edited November 1, 2012 by TommoPhysicist

[Farang0tang]

Where do you stand if for example your girlfriend already had a mortgage, and then you both got married to one another, but the mortgage is still ongoing?

[tombkk]

My wife just called the land office and they said that she is free and clear to sell the property with out me! Thank you again for all the replies.

If the property in question is common property (bought during marriage) and you are officially married, NO way she can sell the property without your signature. If the landoffice despite that allows the sale to proceed, they are breaking the law. See post #14.

Didn't he just say he signed a document which he couldn't read?