Buying Land.

[sutton1001]

I will be buying land next month or should I say my wife will be with the money I will be giving her. And later in may we will build a house. What are the issues of me giving my wife this money are their any things I need to do or know?!

Thanks

[Langsuan Man]

Depends upon your particular Land Office. Some may requre a signed letter from you stating that you did not give her th money for the purchase, others may reqire that you forgo any interest or rights to the land, and some may even refuse to allow your wife to purchase it. You mileage may vary here in LOS

[PattayaPhom]

The norm is for you to sign a declaration saying the funds did not come from you. Its so any issues of ownership later are clear...that the land is your wifes. If the land isnt filled, you best get it done and let it season befor building.

[Mario2008]

You can give the wife money as a donation. You cannot hold a claim on the land and let the misses be your proxy.

[sutton1001]

Cheers for the replies guys. It's as I thought just wanted to get confirmation. Thanks

[sutton1001]

Pattayaphom what exactly do you mean by season before you build

on the land?!

Thanks

[rgs2001uk]

Pattayaphom what exactly do you mean by season before you build

on the land?!

Thanks

Where are you buying the land?

What he means is, if you are going to raise the height of your land by filling it in with dirt, let the land settle for at least one rainy season.

This accounts for 2 things, when you first buy your dirt it will be about 30% air, you need to let it settle and compact itself before building.

[Scheduler]

I hope you have a good Thai lawyer in your pocket. The stories of foreigners losing everything in the way of money, land and homes would fill a library.

You as a foreigner can not own land in Thailand. There are a some squeaky loop holes if you own a Thai corporation and/or controle a Thai corporation.

Other wise you lease land for 30 years with one renewable 30 option.

The land must have a Chanote Title and be in the person's name whom you are planning to lease the land from. See the following link for land title info;

http://www.samuiforsale.com/knowledge/thailand-land-title-deeds.html

If you do it correctly your name will be on the back of the title and no one can borrow money against it, sell it or anything else with out your written consent. Get a lawyer

Edited December 20, 2012 by fbrunhoff

[LennyW]

I hope you have a good Thai lawyer in your pocket. The stories of foreigners losing everything in the way of money, land and homes would fill a library.

You as a foreigner can not own land in Thailand. There are a some squeaky loop holes if you own a Thai corporation and/or controle a Thai corporation.

Other wise you lease land for 30 years with one renewable 30 option.

The land must have a Chanote Title and be in the person's name whom you are planning to lease the land from. See the following link for land title info;

http://www.samuifors...itle-deeds.html

If you do it correctly your name will be on the back of the title and no one can borrow money against it, sell it or anything else with out your written consent. Get a lawyer

Mostly rubbish!!

Yes there are stories (and most of them are just that) about foreigners losing their all with regards to land and houses, but it is all with regards to relationships/bad deals, never to date has any foreigner lost their land held in a company due to the company being deemed illegal, never.

A 30 year lease is just that 30 year, no exception. An Usufruct on the other hand can legally be for life.

[Youbloodybeauty]

Depends upon your particular Land Office. Some may requre a signed letter from you stating that you did not give her th money for the purchase, others may reqire that you forgo any interest or rights to the land, and some may even refuse to allow your wife to purchase it. You mileage may vary here in LOS

I'm interested in this too as considering buying land in Phuket.

Just wondering, seeing foreigners has no claim to land why would the wife even mention anything about having a foreign husband at all?

[TommoPhysicist]

Just wondering, seeing foreigners has no claim to land why would the wife even mention anything about having a foreign husband at all?

When she shows her ID card their records will show she has a foreigner husband.

The database is linked across the whole of Thailand, she can't hide it from any Thai official.

A foreigner is allowed to give his wife money (she can do what she likes with it).

A foreigner is not allowed to give any Thai person money with the express purpose of them buying land for the foreigner to use. So the OP has indicated an intention to break the law.

Edited December 25, 2012 by TommoPhysicist

[simple1]

Just wondering, seeing foreigners has no claim to land why would the wife even mention anything about having a foreign husband at all?

When she shows her ID card their records will show she has a foreigner husband.

The database is linked across the whole of Thailand, she can't hide it from any Thai official.

A foreigner is allowed to give his wife money (she can do what she likes with it).

A foreigner is not allowed to give any Thai person money with the express purpose of them buying land for the foreigner to use. So the OP has indicated an intention to break the law.

Not if your married overseas & have not registered the marriage at the Amphur. I have paid for land & house in my wife's name & fully aware of the consequences should we part company.

[sutton1001]

So Tommo your telling me I'm breaking the law by giving my wife money to buy land! So can you tell me How the many thousands of falangs living In Thailand that have done the same have done this?! Now I'm really confused and don't want to lose my money via the Thai authorities! I am fully aware that the land will not be mine!

[David48]

^^ There is the Law ... and there is common practice.

Such is the life in Thailand.

.

[TommoPhysicist]

The only real issue here, is she can keep it all no matter what happens to your relationship.

So as long as it is a free and open gift with no strings attached and no future expectations on your part.

And you can afford to take the possible loss, there will be no further problems.

I'm not that wealthy ......

10% gift and 90% home lone in her name over 30 years may be a safer bet.

Edited December 25, 2012 by TommoPhysicist

[Youbloodybeauty]

Just wondering, seeing foreigners has no claim to land why would the wife even mention anything about having a foreign husband at all?

When she shows her ID card their records will show she has a foreigner husband.

OK thanks Tommo.

My wife's ID doesn't have me on it so is free to spend her money

[BEVUP]

Goodday Sutton

You dont have to worry

The posters are right

In simple terms

First of all - make sure the land has a full Chanoot ( Nor Sor 4 )

Second - You will not own the land - you are ONLY gifting her the money to do what she wants with it IE: Buy land

Third - You will be require to sign a stat deck claiming you gifted the money (as above ) if you want a Usufrut or 30 Yr lease registered on the land title

Fourth - You are allowed to own the house on that land BUT need to sign a document at the Amphur as the builder ( ? )

I myself have a Usufrut NOT SURE how this differs from 30 Yr Lease

But i do know the only thing a Usufrut is good for & 30 yrs only as far as im aware is SO YOU can remain at that property

? As mentioned by another poster with a 30 yr lease they cant sell / hock or ect without your permission MY EXPERIENCE WITH A USUFRUT IS THAT THEY CAN

I am now in the process of buying a second home (established) first one we built, & one of the first things mentioned was a you guesed it A Usufrut inwhich i declined as i already have one ( for what its worth ) reason being I will put it in my sons name ( will need a court order to do anything wiyh house untill he is 20 yr old ) on final payment

Worst case scenario is that a FORIEGNER has to sell or dispose of the hou with in a year if inherited

[Khun Jean]

BEVOP about 50% you wrote is right, the other 50%, well lets just say it is incorrect.

I can write everything again but i suggest a search on this forum for the word usufruct and read everything about it.

One thing i can't let go by uncorrected is this:

As mentioned by another poster with a 30 yr lease they cant sell / hock or ect without your permission MY EXPERIENCE WITH A USUFRUT IS THAT THEY CAN

You repeated it so i guess you think this is correct also.

The owner can sell or gift it whenever they want to.

If you have a buy clause in your contract the only thing that accomplishes is that you are offered it first.

The next owner has to fulfill the real rights that were in the contract (what is registered on the land title), all other clauses are not transferred to the new owner, so no renewal, first buy options etc.

Edited December 26, 2012 by Khun Jean

[Gary A]

I have signed several of the documents regarding my wife buying land. I don't recall that document saying anything about where the money came from. What I read is that I am declaring that I have NO financial interest in the property, and one thing for sure is that, I know I don't. I guess you can interpret that anyway you like. No mention was ever made about where the money came from. They don't seem to care. It would be a very fine line whether you gave her the money to buy the land or whether you simply gifted her the money.

ADDED - As I understand, the lease is marital property if you lease from your wife and possibly becomes marital property if you lease from someone while you are married. A usafruct can be cancelled by your wife and in the case of putting it in your children's name, it can be cancelled by the child's guardian. There's little doubt who will be the guardian in case of a divorce.

You might as well face the fact that the Thai government does NOT allow you to own land, other than a condo in your name BEFORE you are married. The deck is stacked against us regardless of what some shifty, shyster lawyer may tell you.

Edited December 28, 2012 by Gary A

[Mario2008]

You might as well face the fact that the Thai government does NOT allow you to own land, other than a condo in your name BEFORE you are married. The deck is stacked against us regardless of what some shifty, shyster lawyer may tell you.

You can own a condo also if you buy one after being married. But than it might fall into maritial property and the value could be shared upon divorce.

[Youbloodybeauty]

About buying land. Still considering buying a small block in Phuket and have made an offer but I'm smelling something scamish.

Firstly, the owner works in the Lands Office where the land would be transferred to my wife.

Secondly, this owner wants the full payment in cash. I think this is a rather unusual way to pay a large sum as this in cash and no record of the transaction. The owner who works at the office said "if your worried, get a security guard".

Any ideas what the owner would be playing at?

Thanks.

[Rancid]

About buying land. Still considering buying a small block in Phuket and have made an offer but I'm smelling something scamish.

Firstly, the owner works in the Lands Office where the land would be transferred to my wife.

Secondly, this owner wants the full payment in cash. I think this is a rather unusual way to pay a large sum as this in cash and no record of the transaction. The owner who works at the office said "if your worried, get a security guard".

Any ideas what the owner would be playing at?

Thanks.

Land Office officials have been known to be involved in land scams, would suggest a lawyer check it all out first, assuming the lawyer doesn't get in for a kickback as well of course.

[Khun Jean]

The one with the money sets the conditions, not the seller.

It is a buyers market so that makes it even more so.

If you don't want to do cash then you don't, simple really. If he insists you could suggest a 25% discount would be in order.

[Youbloodybeauty]

Thanks.

The owner refuses to accept anything other then a bag of baht and will not reduce the price. We will give it a miss.

Also, I'm thinking in Australia there is no way I would buy anything without using a conveyancer / solicitor to make the necessary checks and transaction. How crazy to even think to buy without one in Thailand.

If/when we find a place we are interested, I'll see if I can get a recommendation here for a solicitor.

Cheers.

[Mario2008]

About buying land. Still considering buying a small block in Phuket and have made an offer but I'm smelling something scamish.

Firstly, the owner works in the Lands Office where the land would be transferred to my wife.

Secondly, this owner wants the full payment in cash. I think this is a rather unusual way to pay a large sum as this in cash and no record of the transaction. The owner who works at the office said "if your worried, get a security guard".

Any ideas what the owner would be playing at?

Thanks.

This is probably about taxes. When you buy the land, you also decare the price at which the land is bought/sold. The land office uses this to calculate the taxes due on the selling of the land based on this. Often the declared price is much lower than the real paid price.

The land offices can check the price and calculate their own estimate, but that is hardly ever done.

[Youbloodybeauty]

This is probably about taxes. When you buy the land, you also decare the price at which the land is bought/sold. The land office uses this to calculate the taxes due on the selling of the land based on this. Often the declared price is much lower than the real paid price.

The land offices can check the price and calculate their own estimate, but that is hardly ever done.

Ahh OK. Yes, the owner said they will pay the tax on the land.

Anyway, if that's the case they have lost a deal trying to save a percent or two.

Cheers.

[TommoPhysicist]

ADDED - .............. and in the case of putting it in your children's name, it can be cancelled by the child's guardian. There's little doubt who will be the guardian in case of a divorce.

Actually the land managing parent for the child is selected by mutual consent of both parents at the time of land purchase and cannot be changed at a later date. A foreigner is not excluded from being this person, assuming said foreigner is still alive.

Edited January 2, 2013 by TommoPhysicist

[thaiwanderer]

About buying land. Still considering buying a small block in Phuket and have made an offer but I'm smelling something scamish.

Firstly, the owner works in the Lands Office where the land would be transferred to my wife.

Secondly, this owner wants the full payment in cash. I think this is a rather unusual way to pay a large sum as this in cash and no record of the transaction. The owner who works at the office said "if your worried, get a security guard".

Any ideas what the owner would be playing at?

Thanks.

This is probably about taxes. When you buy the land, you also decare the price at which the land is bought/sold. The land office uses this to calculate the taxes due on the selling of the land based on this. Often the declared price is much lower than the real paid price.

The land offices can check the price and calculate their own estimate, but that is hardly ever done.

It most probably has nothing at all to do with land office taxes.

Under declaring is very frequently done without the need for physical cash.