Condominium Sin Suan Tau Or Sin Som Ros (Married)

[wallcracks]

Long story Short, I bought a Condo in Hua Hin, we had a appointment at the Land Department last Wednesday, the Condo Chanot supposed to be in my Wifes Name but I wanted to have it registered in a Sin Som Ros Status (Matrimonial Property) and not in a Sin Suan Tau (Personal Property) of my Wife, they wanted me to sign the Letter of Confirmation of Sin Suan Tau but I declined as a result we could not proceed.

Can anyone give me advice what documents I need to have it registered in Sin Som Ros Status?

(I know I can register it in my Name, but I wanted to register it as described above as the Contract is in her name too)

[InterestedObserver]

For you to register the condo as foreign ownership, less than 49% rule, you'll need full payment to be covered by a Foreign Exchange Transaction Form (FET) from your local bank. Anyway, you are married so a divorce court will probably award a 50/50% property split as part of the settlement. Sin Somros or Sin Saum Tau status makes no relevance since you are legally married. Actually, who put in the money is what counts before the Court.

[Khun Jean]

I disagree. When you sign the little paper at the land office you specifically state the money is your wifes.

None of it will be split. If that happens it will be a mistake of the court. Mistakes happen of course but you can not count on them.

Precedence is also not something you can count on.

If the money to buy the condo was yours before the marriage and you can prove it, then it can even be 100% yours.

Best solution in this case is to put it in your name if possible (foreigner quota), then it will be split on a divorce (The desired goal, is it not?)

[wallcracks]

Well if it would be in my Name I could let her sign the Sin Suan Tau Paper, but this is not my goal as we have Children too.

I went today to Bangkok Bank Headquarter and they will Issue a Bei Rap Rong for me, I don t have Foreign Exchange Transaction Form (FET) but I do have Credit Advices (just transfered small Amounts over the Years) the Credit Advices Cover the Total Amount of the Condominium Price as stated in the Contract.

The Clerk at the Bangkok Bank Headquarter told me, that I don t need the Foreign Exchange Transaction Form (FET) and that the Bei Rap Rong they will Issue is valid at the Land Department.

I Contacted the developer today and told them that we will register the Chanot with My and my Wifes Name I hope everthing goes smooth this time..

Has anyone experience with Condo Purchase, just using Credit Advices????

[TommoPhysicist]

You should register the condo as 'sin suan tua' in your name (if your money)

That is assuming the condo has not entirely sold the 49% available to foreigners.

I seriously doubt they would register it as sin somros, as that would call into doubt which percentage foreign/Thai the property would be registered. It's either yours or hers not both.

@InterestedObserver

The documents at the land office are not a contract but a declaration of 'sin suan tua' or 'sin somros' and therefor not subject to the decision of a divorce judge. That's why they need to be backed up by the bank transfer documents.

@OP

Declaring the condo as 'sin suan tua' does not affect inheritance, it only affects division of assets on divorce. Explain again why you would want it jointly registered, this is not normal practice (I don't think it's even possible).

Edited November 12, 2012 by TommoPhysicist

[Khun Jean]

I seriously doubt they would register it as sin somros, as that would call into doubt which percentage foreign/Thai the property would be registered. It's either yours or hers not both.

Actually it is very clear. 50% Thai and 50% foreign. But alas, such simple things are beyond goverment made rules.

It would actually be very easy to make a rule that marital properties are 51% Thai and 49% solving all the current problems that married couples have now in one swift move.

[wallcracks]

You should register the condo as 'sin suan tua' in your name (if your money)

That is assuming the condo has not entirely sold the 49% available to foreigners.

I seriously doubt they would register it as sin somros, as that would call into doubt which percentage foreign/Thai the property would be registered. It's either yours or hers not both.

@InterestedObserver

The documents at the land office are not a contract but a declaration of 'sin suan tua' or 'sin somros' and therefor not subject to the decision of a divorce judge. That's why they need to be backed up by the bank transfer documents.

@OP

Declaring the condo as 'sin suan tua' does not affect inheritance, it only affects division of assets on divorce. Explain again why you would want it jointly registered, this is not normal practice (I don't think it's even possible).

After I got all my documents they asked me for, we will forward it to the Land Department, if they give us the green light we will proceed, but if they don t accept. I have to change the Contract into my Name, as far as I know the Foreign Quota is not full yet. To register the Condo in Sin Suan Tau in her Name is out of the Question for me.

The Risk to lose it all in a divorce is just to high.

Edited November 12, 2012 by wallcracks

[wallcracks]

Has anyone anyone here ever bought a Condo just using Credit advices?