Permission To Sell Townhouse

[jeabsuwanhat]

Many years ago I here in Thailand, I transferred a lump sum to my Thai wife's bank account in order that she could purchase a townhouse in her sole name.

We are now in the process of considering a sale of the property in order to relocate to another part of Thailand.

My question is, will I have to attend the land office on the completion of the sale in order to give her permission to sell, i.e. for me to sign any documents (bearing in mind that she purchased the property in her married name and her ID card is also in her married name)? or, does she not need my permission to sell the house?

[LennyW]

She does not need your permission to sell her house. You will not be required at the land office.

[jeabsuwanhat]

She does not need your permission to sell her house. You will not be required at the land office.

Interesting statement Lenny.

The reason I asked this question on this forum and just to satisfy myself is that this morning, I spoke to a Thai lawyer who informed me that my wife will need to get my permission to sell the property as the land deed and her ID card are in her married name.

Perhaps somebody else can confirm one way or the other.

[LennyW]

She does not need your permission to sell her house. You will not be required at the land office.

Interesting statement Lenny.

The reason I asked this question on this forum and just to satisfy myself is that this morning, I spoke to a Thai lawyer who informed me that my wife will need to get my permission to sell the property as the land deed and her ID card are in her married name.

Perhaps somebody else can confirm one way or the other.

Did she need your permission to purchase the property?

[jeabsuwanhat]

She does not need your permission to sell her house. You will not be required at the land office.

Interesting statement Lenny.

The reason I asked this question on this forum and just to satisfy myself is that this morning, I spoke to a Thai lawyer who informed me that my wife will need to get my permission to sell the property as the land deed and her ID card are in her married name.

Perhaps somebody else can confirm one way or the other.

Did she need your permission to purchase the property?

Yes she did.

[LennyW]

She does not need your permission to sell her house. You will not be required at the land office.

Interesting statement Lenny.

The reason I asked this question on this forum and just to satisfy myself is that this morning, I spoke to a Thai lawyer who informed me that my wife will need to get my permission to sell the property as the land deed and her ID card are in her married name.

Perhaps somebody else can confirm one way or the other.

Did she need your permission to purchase the property?

Yes she did.

Strange, my wife has bought and sold many properties in her married name, i only once had to sign a declaration at the land office saying the money was hers, at the time of purchase, but never a permission to buy, and never a "permission to sell", never had to sign anything for any of the sales.

What type of document was it that you gave as permission to buy?

[jeabsuwanhat]

Here we are Lenny

Jointly owned matrimonial property

A marriage in Thailand creates jointly owned marital property (Sin Somros) between husband and wife. Property acquired during the course of the marriage (subject to the above section 1472) and 'fruits' of personal property during marriage will become jointly owned property between husband and wife.
Jointly owned property (section 1474) between husband and wife (Sin Somros) consists of:

• property acquired during marriage;
• property acquired by either spouse during marriage through a will of gift made in writing if it is declared by such will or document of gift to be Sin Somros;
• fruits of Sin Suan Tua.

In case of doubt as to whether a property in Sin Somros or not shall be presumed to be Sin Somros

[LennyW]

Here we are Lenny

Jointly owned matrimonial property

A marriage in Thailand creates jointly owned marital property (Sin Somros) between husband and wife. Property acquired during the course of the marriage (subject to the above section 1472) and 'fruits' of personal property during marriage will become jointly owned property between husband and wife.

Jointly owned property (section 1474) between husband and wife (Sin Somros) consists of:

• property acquired during marriage;
• property acquired by either spouse during marriage through a will of gift made in writing if it is declared by such will or document of gift to be Sin Somros;
• fruits of Sin Suan Tua.

In case of doubt as to whether a property in Sin Somros or not shall be presumed to be Sin Somros

I am well aware of that - but i was asking in particular what document you signed at the land office to "allow" your wife to purchase a property in her name?

[jeabsuwanhat]

Here we are Lenny

Jointly owned matrimonial property

A marriage in Thailand creates jointly owned marital property (Sin Somros) between husband and wife. Property acquired during the course of the marriage (subject to the above section 1472) and 'fruits' of personal property during marriage will become jointly owned property between husband and wife.

Jointly owned property (section 1474) between husband and wife (Sin Somros) consists of:

• property acquired during marriage;
• property acquired by either spouse during marriage through a will of gift made in writing if it is declared by such will or document of gift to be Sin Somros;
• fruits of Sin Suan Tua.

In case of doubt as to whether a property in Sin Somros or not shall be presumed to be Sin Somros

I am well aware of that - but i was asking in particular what document you signed at the land office to "allow" your wife to purchase a property in her name?

Understand Lenny but what my question is, as the property is jointly held due to marriage, does my wife have to get my permission to sell it or can she sell it without informing me of her intent to sell? In other words, can she sell the property and action the necessary at the relevant land office without me knowing about it?

[Mike45]

Here we are Lenny

Jointly owned matrimonial property

A marriage in Thailand creates jointly owned marital property (Sin Somros) between husband and wife. Property acquired during the course of the marriage (subject to the above section 1472) and 'fruits' of personal property during marriage will become jointly owned property between husband and wife.

Jointly owned property (section 1474) between husband and wife (Sin Somros) consists of:

property acquired during marriage;

property acquired by either spouse during marriage through a will of gift made in writing if it is declared by such will or document of gift to be Sin Somros;

fruits of Sin Suan Tua.

In case of doubt as to whether a property in Sin Somros or not shall be presumed to be Sin Somros

I am well aware of that - but i was asking in particular what document you signed at the land office to "allow" your wife to purchase a property in her name?

Understand Lenny but what my question is, as the property is jointly held due to marriage, does my wife have to get my permission to sell it or can she sell it without informing me of her intent to sell? In other words, can she sell the property and action the necessary at the relevant land office without me knowing about it?

I believe she can. The section of law that you quoted only applies to someone that can legally own land. You can not. It doesn't apply.

[MYKTHEMIN]

When we sold our house in Bangkok, I had to sign a document at the land office giving permission, without me the sale could not proceed.

[jeabsuwanhat]

When we sold our house in Bangkok, I had to sign a document at the land office giving permission, without me the sale could not proceed.

SIN SOMROS. Thanks MYKTHEMIN, that's the answer I was looking for.

I have this morning received confirmation from a Thai lawyer to say that my Thai wife needs my permission to sell the property and the land office also needs my permission for the sale to go ahead.

If any other person can add anything further to this, then I would like to hear from them.