House Ownership (Signing of paperwork)

[ChangMaiSausage]

Okay need advice, a few years ago my wife and i bought a plot of land. When transfering the land from the previous owner into my wife's name I had to sign a piece of paper that stated I had no claim on the land and that the land is hers (something along them lines)

We now in the process of buying a property and I would like to know if I have to sign this type of document again and how does it effect my rights? The truth be know I dont want any claim on the property even if we seperated (can never say never) as our children would need a home to live in.

Is there paperwork that I should make sure is in place when buying the property i.e. things like will's for both of us?

Any advice would be appreciated.

Dave

[Mario2008]

Property can mean many things. Do you mean land, a house, land and a house or a condo?

[BEVUP]

Property can mean many things. Do you mean land, a house, land and a house or a condo?

Ok talking about buying land or buying lets say in a moo baan

I would not worryi to much as if yu continue to read many threads it shall advise yu

My situation is let the wife look after as they may live longer than yu

always get Usufrut for outlaws

What ever way it goes it will always be thai owned IE next of kin Is yu / her or immediate next of kin IE children if fully paid for

[Langsuan Man]

This signing of an affidavit is only to keep the Land Office happy, it really has no force if you should divorce. The Thai Community Property laws will trump anything that you may have singed for the Land Office

If the property, land or house, was purchased after the marriage, then the 50% rule applies, not matter what you signed at the Land Office

[Arkady]

This signing of an affidavit is only to keep the Land Office happy, it really has no force if you should divorce. The Thai Community Property laws will trump anything that you may have singed for the Land Office

If the property, land or house, was purchased after the marriage, then the 50% rule applies, not matter what you signed at the Land Office

Technically this is correct, although I have never seen a court ruling on it. There was a supreme court ruling that determined that a farang was entitled to half a property he bought in his Thai wife's name on the basis that he was able to show evidence that he had remitted 100% of the funds for the purchase from overseas and then transferred them to his wife. But that pre-dated the Interior Ministry regulation about the affidavit, I think, so the purchase was actually in violation of regulations at the time which prohibited a Thai woman married to a foreigner from buying land, period. A pre-nuptial agreement is unenforceable in Thailand, if it obliges one partner to accept less than 50% of the conjugal property and this would seem to be no different. It is tantamount to the government coercing foreigners into giving up their rights in the event of divorce.

I think the interior ministry didn't know what to do in the face of the 1997 Constitution which prohibited discrimination on grounds of gender, since their previous regulations allowed Thai men married to foreigners to buy land but not Thai women with foreign husbands. The government attempted to solve the problem by submitting a bill to allow foreigners with spouses to buy a rai of land for residential purposes but it was shot down in parliament. So the ministry fudged matters by coming out with the affidavit in 1999 as a stop gap solution that has become semi permanent. At least it applies to Thai men and women with the foreign spouses equally.

If you sign the paper, you are safe from allegations that you are an illegal foreign land owner using you wife as a nominee and you might still be able claim 50% in the event of divorce.

[ChangMaiSausage]

Thanks Arkady for the detailed info.

Basically its a house and land in a old moo baan I'm not worried about loosing the house to my wife son or daughter as this is one of the reasons why I bought the property in the first place so that they have some security if something was to happen to me or their mother.

I'd like to understand if there is any specific paperwork that I should have in place to protect our assets from outsiders

Thanks again.