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Posted

Chapter 2 Section 12 of the Condo Act reads:

Section 12. The ownership of the apartment is indivisible.

i.e the ownership cannot be divided.

At least one apartment in the condo where I live has 2 names (one Thai -One Foreign) on the Condo Title Deed . It is allocated in the Thai 51%.

This appears to be in conflict with Section 12. Why did the land office allow it to happen?

The law is very specific -'Ownership cannot be divided'

As far as I know you can buy a condo with two named owners.

But does this means that each owns a share of the property (ownership divided? ) and can pass his/her share to their heirs?

or does it mean that the owners are joint owners and that that the property will pass automatically to the surviving owner?

You quote Section 12 which suggest that ownership cannot be divided and yet I am aware of one condo owner who bought his condo jointly with a friend. When his co-owner partner died he could not transfer ownership automatically to himself. He could only transfer the ownership completely to himself by producing the will of the deceased co-owner. Without the will the family of the deceased co-owner were to have inherited the half share of the condo.

So can you add a co-owners name to an existing Chanote (at minimal cost)?

Posted

Chapter 2 Section 12 of the Condo Act reads:

Section 12. The ownership of the apartment is indivisible.

i.e the ownership cannot be divided.

At least one apartment in the condo where I live has 2 names (one Thai -One Foreign) on the Condo Title Deed . It is allocated in the Thai 51%.

This appears to be in conflict with Section 12. Why did the land office allow it to happen?

The law is very specific -'Ownership cannot be divided'

As far as I know you can buy a condo with two named owners.

But does this means that each owns a share of the property (ownership divided? ) and can pass his/her share to their heirs?

or does it mean that the owners are joint owners and that that the property will pass automatically to the surviving owner?

You quote Section 12 which suggest that ownership cannot be divided and yet I am aware of one condo owner who bought his condo jointly with a friend. When his co-owner partner died he could not transfer ownership automatically to himself. He could only transfer the ownership completely to himself by producing the will of the deceased co-owner. Without the will the family of the deceased co-owner were to have inherited the half share of the condo.

So can you add a co-owners name to an existing Chanote (at minimal cost)?

.

Maybe Section 12 means that a single condo as registered cannot- be physically divided to create 2 or more condos. Just a guess

If so this would explain why some Condo Title Deeds have 2 names on them..

Suspect that a lawyer is required to answer your questions

Posted

I'd always read only one name goes on the chanote?

Not to hijack, but what if you are married to a Thai, is this crazy process the same (buying the property from the estate, then buying it from the estate)?

Well, that certainly goes to the bottom line of everyone discussing how much money they are banking from their condo purchases.

OP - sell it to the heir while healthy and relax.

Wow!

Great insight algbough I won't need it. Thanks, a new one ☺

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