Condo bought in joint names - Power of Attorney possible?

[joebrown]

As a sign of commitment to our proposed future together I bought a condo and had the Chenoot registered in the joint names of myself and my girlfriend. We had been together for more than 2 years so I thought this would be something tangible to give her for future. ie a legacy from my estate upon death. Not surprisingly, she left me 6 months later (because I was too dificult a person to live with). We have remained separated as 'friends' ever since and the condo is now for sale.

She says she does not wish to take any money from the sale, and has agreed to sign any future 'Sale agreement' and attend the Land Office on completion. Can anyone tell me whether there is any legal document she could sign NOW which would be acceptable to the Land Office. I'm thinking of something like an irrevocable enduring 'Power of Attorney' in which she passes over all future financial rights/responsibilities and actions to me regarding the condo, whether it is sold or not. Any ideas and help would be welcome, except for the usual "we could have told not to do it in the first place" cynics.

[Delight]

I assume that your girlfriend is Thai.

Suggest that you check to see if the condo is in the Foreign or Thai allocation.

If it is the latter then she owns the condo outright.

There is no provision for joint ownership i.e Foreign and Thai in the Condo. Act

Joint ownership of a single condo -all Foreign or all Thai is workable.

If there is space in the Foreign allocation then she could transfer it to you. Alternatively you set up a company(one that you control ) and again transfer to this company. Either way transfer fees will have to be paid.

I see no other solutions.

Maybe others can.

Edited October 23, 2013 by Delight

[joebrown]

Sorry, I should have said my ex-girlfriend is Thai and the condo is in the Foreign allocation. When attending the Banglamung/Pattaya Land Office the fact that she was included on the Chenoot seemed quite 'routine'. Although the Chenoot is written in Thai I can see that I appear to be owner No.(1) which is shown before I signed on the 'White' paper, and No. (2) is shown before my girlfriend's signature. I'm not sure whether this is significant. There is also a 2nd 'White' paper on which is shown a No.2 and her name, ID Card No. and age.

I hope this might throw some more light on the situation. If not, I'll probably make a visit to the Land Office or a Lawyer.

[Delight]

Sorry, I should have said my ex-girlfriend is Thai and the condo is in the Foreign allocation. When attending the Banglamung/Pattaya Land Office the fact that she was included on the Chenoot seemed quite 'routine'. Although the Chenoot is written in Thai I can see that I appear to be owner No.(1) which is shown before I signed on the 'White' paper, and No. (2) is shown before my girlfriend's signature. I'm not sure whether this is significant. There is also a 2nd 'White' paper on which is shown a No.2 and her name, ID Card No. and age.

I hope this might throw some more light on the situation. If not, I'll probably make a visit to the Land Office or a Lawyer.

It is clearly very important that you establish who owns what.

I suggest that you visit the land office with the Juristic Person Manager to clarify all.

I would not trust the land office.

Ideally you need a ruling from the land office and have it written on land office paper.

Be prepared to pay for this..

It may also be possible to have a new Condo Title deed issued without her name on it.

[joebrown]

Thanks for the advice. I'll go to the Land Office and try to get a Ruling in writing from there. My only other avenue which came to mind at the outset was to see whether my g/f could sign some form of Power of Attorney (POA) very soon, so that there are no surprise complications between finding a buyer and selling the condo. Presumably sellers are able to place the sale of a property in the hands of a Trustee/Lawyer by way of a POA, or is Thai Land Law completely different in this respect?

[Delight]

Thanks for the advice. I'll go to the Land Office and try to get a Ruling in writing from there. My only other avenue which came to mind at the outset was to see whether my g/f could sign some form of Power of Attorney (POA) very soon, so that there are no surprise complications between finding a buyer and selling the condo. Presumably sellers are able to place the sale of a property in the hands of a Trustee/Lawyer by way of a POA, or is Thai Land Law completely different in this respect?

Power of attorney is simply a proxy.

Who will your ex G/F assign for this task.

Not you. You cannot be both gamekeeper and poacher.

Still suggest that you establish 'who owns what'

It may be that she can sign a legal document where she agrees to reqlinguish all claims to your condo.

Establishing 'who owns what ' is, to my thinking , a very clear first step..

[joebrown]

OK. Unless I can find a POA acceptable to both my g/f and I then this could be a non-starter. The 'find out who owns what' route is the first move I will make at the Land Office. I'll post again when I've established what the Land Office interpretation is. Thanks for the advice.

[mikeinphuket]

Can a child at 10 years old with a thai passport be the main share holder 51% of the thai company and me as his father still be the 49% shareholder in a thai company to avoid paying yearly fees to Thais I don't even know in my thai company just to own a condo in Thailand

It's a ridiculous situation as should I die I would want him to have the condo anyway !

Funny how Thais can buy in my country but I can't buy in there's

Hardly fair really is it