Okay How About My Thai Wife 51% And Me 49%

[anonymouse]

I recently purchased a property using the Thai Ltd Company option and the land office refused my application on the grounds that my wife and I held to many shares. We had change the share allocation before it was accepted. It delayed the purchase by a day and we changed the shares back to a majority in our favour once the application had gone through.

[what next?]

What Next?, if all of the options, prudent or reckless, are underscored by lack of trust in one's wife, then the answer must surely be that one buys nothing. How about renting as an option? Or divorce, perchance?

It must be one of the saddest lifestyles in the world to have paid for land in a way that the law does not recognise, to have an untrustworthy wife (or could it sometimes be the case that the husband hasn't taken the trouble to learn about her and her culture?) and to have one's view of Thailand clouded by excess alcohol. Don't you just pity those poor souls? Aren't you glad that you're not one of them?

morden

thanks for taking the time to reply with your own views about peoples lifestyles, however I'd appreciate an answer to the question what do we do next?

Lack of trust is based on lack of equal legal rights and common sense, not achohol or lack of cultural awareness of which ever country one's in.

Everyone makes mistakes and only a fool doesn't learn from them.

What the OP asked, and what I am asking (on behalf of others) is what to do NOW in retrospect.

Your objective reply would be appreciated.

Sunbelt Asia keep talking we're listening

[swissie]

One thing remains clear: Regardless how anyone sets up his Ownweship-Thing in Thailand, in the final anlysis, the "Farang" is at the mecy of his beloved wife and/or some "Thai-Officials" if the marriage turns sour.

What good is a 30 year lease, if you Thai-Wife (plus "family"), decides to make your life miserable in order to get you off "the property"? = Sliced tires on your car once a week, tasteless additives to your drinking water that put you in the hospital every 2 weeks, the local boys in brown, that all of a sudden start to dislike your nose? etc.etc.

The solution?! Let the beloved wife have her land and for yourself get yourself a Luxury-House on wheels (in the US it's called a Mobile Home, I think the Aussies call it a "Caravan".)

If it's too expensive to import such a thing (very likely), BUILD ONE YOURSELF, because you are basically prohibited to work in Thailand anyway, and therefore you have plenty of time on your hands for such a project (and it will keep you out of the Beer-Bars, HeHe!) I suppose you could own this thing on wheels in YOUR NAME, just like a washing machine.

So if things turn sour: Let her have the land, and you pull out your "house" within 2 hours and move on to greener pastures and live happily ever after in a new environment and possibly with a new "beloved wife" always knowing that you can "pull out" again if history should repeat itself.

Don't be shy "Sunbelters-Asia", (or anyone else) comment on it!

[Morden]

I like that idea, Swissie. Does anyone know for sure whether it's viable? Has anyone tried it? A Winni would be perfect but, as you say, probably not importable.

Your comments about security of tenure after a bust up make sense, I think. If a couple parted company, the wife would do everything that she could to keep the property for very understandable reasons. The family would probably support her, also for very understandable reasons. The farang probably would not want to live there anymore. He probably would not be able to force a sale.

It's all been said before, of course, but there's and old saying about farang who leave their brains at the airport.

[Lazy Sod]

In England we call them caravans, and some are exceptionally nice these days with 3 bedrooms, en-suite bathrooms, fitted kitchens, etc.. A real home.

My (Thai) wife and I stayed in one last time we were in England and she loved it! We both wondered why they are never seen in Thailand. I guess it's because being constructed of sheet metal they may be difficult and/or expensive to keep cool, but really I'm not sure.

That's the answer then, let's lease some land and set-up some caravan parks around Pattaya.

Edited June 10, 2006 by Lazy Sod

[~G~]

Farangmobile. Brilliant!

[Morden]

Trailer caravans or motorised caravans, Lazy Sod. Trailer is probably best; you could leave it parked up while you go the The Mall in the pick up to buy replacements for the thing you left behind.

I can only guess but I would say that Thais don't bother with caravanning hols. because either they don't have hols. or the hotels are cheap.

[rishi]

Although not an American I've heard that "trailerpark trash" refers to the dwellers of such trailer parks.

[SunbeltAsia]

[ and what I am asking (on behalf of others) is what to do NOW in retrospect.

So many variables, and different legal strategies to clean up a company. Hard to give a click and point answer without looking at the company documents to see how it was structured in the first place, if you have a active business that you are able to do, possible real Thai shareholders you know that would like to be a shareholder, etc.

I thought the previous suggestion given had some merit...

How bout if your wife got a salary from the company to export product from Thailand and sell it on E-bay? She can pay for the shares by working. If she owned 51% of the shares this would be 510,000 Baht on a 1 million Baht company. She could pay for 25% of the shares in cash ( 125,000 Baht) and the rest in a salary for the shares by working for the company. This way you have a real shareholder and a active company. Your wife could be a Director in the company as well to file the audits, open a bank account, etc.

You would still have control over the company if you had good legal advice before with voting rights, etc.

Realize that any strategy is going to take some work on your part and most likely money. If you want the potential problem to go away, it won't, unless you take action. If you do nothing, you may or may not have your company looked at. Even in the worse case scenario. The Land Dept has stated they will give you time to come up with the solution. Scuttlebutt has it, they will give you a year to make it legal after you get notification or you’ll have to sell the land at auction. But as stated this is not official except that they will give “time”.

What good is a 30 year lease, if you Thai-Wife (plus "family"), decides to make your life miserable in order to get you off "the property"? = Sliced tires on your car once a week, tasteless additives to your drinking water that put you in the hospital every 2 weeks, the local boys in brown, that all of a sudden start to dislike your nose? etc.etc.

This in fact happen to one of our clients but the ex-wife had a gun, she would wave at him! It didn't help much when her father was the Chief of police in the district. The client own the house but it wasn't much fun sleeping in it!

www.lawyer.th.com

[Ollie]

You must be living in another country.

I have been living and working legally in Thailand constantly for more than 6 years. If this refers to "another" country well, then the answer is yes.

You telling me that this is squekky clean.

Nope. My message is just simple: Stick to the law independant from where you live.

Just ask bar owners...

Sorry, not my usual company and communication partners and actually I prefer keeping it this way.

car drivers

... start realising more and more that it's not like it used to be anymore which means a trip to the police station becomes much more common nowadays. In many cases it pretty much depends on the caller and his/her behaviour and sometimes they leave you off the hook with a warning (smile) or quite cheap. Knowing the Thai way is indeed very crucial for long time residents which also includes to have almost close to fluent language skills. Actually, such knowledge can make life a lot easier and cheaper at least in the country I have been living in and eventually helps to let fade away that TIT expression quite a bit.

Unfortunately, in my personal opinions too many foreigner got their priorities wrong and should rather shift them from amber liquid to the language books. No, I do not mean as an English teacher but rather a Thai student.

etc etc etc

Actually, I rather rely on my own experiences than the rumbling of this group.

to pay the odd corrupt official

Well, since I personally do not interact with the odd corrupt official I also do not pay him but rather hand voluntarily my favorite policeman taking care of the traffic in front of my daughter's school an occasional cool beverage on the very hot days.

TIT with all it's good and bad. All countries have these characteristics in different areas.

Absolutely, but how about just changing the chorus ocassionally and if it is just for the sake to get the boredom and monotony out of it: TIGER, TIGB, TIUSA, TIF to be continued.

Last but not least a little aesop to close off:

Eventually, even the strongest raddle snake is gonna end up with a sore tail from too much rattling. Relevance to Thailand? Mighty have because TIT.

Heaps of regards from BKK,

Richard

This is my rant, so apologies to others.........

Jeez, you are one smug bugger. I hope you are not so obnoxious in real life!

There, I feel better now.

Apologies to the OP.

[Morden]

Ollie,

Those who have stuck to the requirements of the law can afford to be a little smug right now. Until recently, they were lambasted on this site every time that they suggested the legal way was the best way. I'm sure you can bring yourself to let them have their day now.

As for the others, well what a tangled web you have woven for yourselves! But take heart! Those advisors who led you into this will, surely, help you to find a way out.

[JimmyGreaves]

Morden

Just get lost and leave this thread. You have nothing but rubbish to contribute (bloody caravans, what's in your head sh*t), the OP wants to know about caravans does he? Assumptions upon assumptions about other peoples circumstances, get a life mate and stop gloating, the world would be a much better place with people supporting each other and not wanting to get praise for the 'I told you so' attitude that you seem to want to push down eveyones throat!

[Richard Hall]

Jeez, you are one smug bugger. I hope you are not so obnoxious in real life!

There, I feel better now.

Apologies to the OP.

Depends who's talking and whether it is appropriate. Well, in most cases if it comes to matching Thailand and foreigners it is unfortunatley highly appropriate. Need prove? Read thaivisa.com and start out with your own posting which hopefully keeps up your improved feeling.

Anything else to contribute except ranting to polish up your own sensual well being?

Wanna know how obnoxious I really am? Frankly said I give a smug bugger's fart when foreigner's get busted in Thailand for messing with the law, the country and/or her people despite knowing better but what really concerns me is if those no brainers get decent people into trouble by <deleted> advice and/or get them on a misleading track.

If this can be prevented, well it is even worth being called an obnoxious smug bugger.

Not incluced in your Sunday prayers? Jeez, so be it.

Back to topic. No, NOT okay forming a company for the SOLE purpose of owning land. Establish a company to conduct business. Lease land if you want to own a house in Thailand as a foreigner or if you want to own Thai soil acquire Thai citizenship or invest not less than 40 million Baht.

Latter is the only exception for foreigners but besides that the rule is that only a Thai person (natural or juristic) are allowed to own land. Foreigners CAN'T.

Cheers,

Richard

[Morden]

Depends who's talking and whether it is appropriate. Well, in most cases if it comes to matching Thailand and foreigners it is unfortunatley highly appropriate. Need prove? Read thaivisa.com and start out with your own posting which hopefully keeps up your improved feeling.

Anything else to contribute except ranting to polish up your own sensual well being?

Wanna know how obnoxious I really am? Frankly said I give a smug bugger's fart when foreigner's get busted in Thailand for messing with the law, the country and/or her people despite knowing better but what really concerns me is if those no brainers get decent people into trouble by <deleted> advice and/or get them on a misleading track.

If this can be prevented, well it is even worth being called an obnoxious smug bugger.

Not incluced in your Sunday prayers? Jeez, so be it.

Back to topic. No, NOT okay forming a company for the SOLE purpose of owning land. Establish a company to conduct business. Lease land if you want to own a house in Thailand as a foreigner or if you want to own Thai soil acquire Thai citizenship or invest not less than 40 million Baht.

Latter is the only exception for foreigners but besides that the rule is that only a Thai person (natural or juristic) are allowed to own land. Foreigners CAN'T.

Cheers,

Richard

Richard,

You are absolutely correct, of course. Not everyone likes the truth but maybe someone reading this thread will avoid the pit from which others now bellow in pain.

[Morden]

Morden

Just get lost and leave this thread. You have nothing but rubbish to contribute (bloody caravans, what's in your head sh*t), the OP wants to know about caravans does he? Assumptions upon assumptions about other peoples circumstances, get a life mate and stop gloating, the world would be a much better place with people supporting each other and not wanting to get praise for the 'I told you so' attitude that you seem to want to push down eveyones throat!

You're an angry chappie, aren't you? Why's that then? Boy, the personal abuse. Where's that from? I've done nothing to you. If you want to swear and shout people down, it's you who should leave the thread.

I regret that the caravan idea wasn't mine. Just read the thread again when you're feeling calmer. It's a great idea though isn't it? At least it's a bit of fun. Good to have a sense of humour, don't yer think?

Why do you say that I've nothing but rubbish contribute to this thread? I speak the truth about dodgy company land deals and don't blame me if you don't like it. As for supporting each other, well I've done that in the past and been howled at by those promoting the dodgy deals that they did themselves. Who's been doing the supporting?

I await your own positive contribution.

[Ollie]

Ollie,

Those who have stuck to the requirements of the law can afford to be a little smug right now. Until recently, they were lambasted on this site every time that they suggested the legal way was the best way. I'm sure you can bring yourself to let them have their day now.

As for the others, well what a tangled web you have woven for yourselves! But take heart! Those advisors who led you into this will, surely, help you to find a way out.

I have no investments in LOS. I am considering my options. I have a Thai wife and like lots of others hope to re-locate there in the not too distant future.

I would imagine the majority who have gone down the Co. route to buy property, based on the advise of their lawyers, whatever, have worked hard to put themselves into a position of getting their "dream" home. I don't think they deserve to be ridiculed, laughed at, be called shit-heads, or whatever. I feel for them, they must be very concerned about what the future holds.

Agree you need to respect Thai law, but how seriously can you treat a Countries law, where as SB say's elsewhere, its interpretation is at the behest of the local land registry office?

In the meantime, its being reported that Co's set up to buy land (not developers) are now having their papers accepted at Land reg. offices.

Maybe this "clamping down" of such a loophole that the Thais would have been clearly aware of from day 1 (so a certain amount of hypocrisy by the said authorities), has been needed to bring this matter to a head. Maybe the reaction - and resulting stalling of the market and loss of income - will result in the Thais reviewing the situation as it currently stands?

[JimmyGreaves]

How bout if your wife got a salary from the company to export product from Thailand and sell it on E-bay? She can pay for the shares by working. If she owned 51% of the shares this would be 510,000 Baht on a 1 million Baht company. She could pay for 25% of the shares in cash ( 125,000 Baht) and the rest in a salary for the shares by working for the company. This way you have a real shareholder and a active company. Your wife could be a Director in the company as well to file the audits, open a bank account, etc.

You would still have control over the company if you had good legal advice before with voting rights, etc.

www.lawyer.th.com

Morden for your information is IS NOT ILLEGAL for a 2 million baht Thai company with foreign involvement to own land.

I regret that the caravan idea wasn't mine. Just read the thread again when you're feeling calmer. It's a great idea though isn't it? At least it's a bit of fun. Good to have a sense of humour, don't yer think?

I await your own positive contribution.

If you want fun go and post or respond in the Jokes - puzzles and riddles - make my day! forum or contribute serious responses without gloating on serious threads! I swear you are a case for my signature

Edited June 11, 2006 by jflundy

[Morden]

Morden for your information is IS NOT ILLEGAL for a 2 million baht Thai company with foreign involvement to own land.

I never said that it was. I read all of the Regs. I took proper legal advice. Did you?

Boy, you need to chill out jf. Do you get like this with everyone with whom you disagree? Come on, smile. You only live once.

[JimmyGreaves]

Morden for your information is IS NOT ILLEGAL for a 2 million baht Thai company with foreign involvement to own land.

I never said that it was. I read all of the Regs. I took proper legal advice. Did you?

Boy, you need to chill out jf. Do you get like this with everyone with whom you disagree? Come on, smile. You only live once.

Yes I did take proper legal advice with a top BKK lawyer and I have no issues with it. But I do not like the 'I told you so' gloating attitude that you and others are taking with forum users who have taken the company route. Typical UK attitude you have, the 'I'm all right Jack, <deleted> the rest' syndrome.

If they make the company active which does not take a great effort and make sure that their Thai share holders are legitimate and are not conducting property development for resale on a large scale and keep to looking after their family, company business and taxes. Then the trading company with land and house and business is legitimate.

Edited June 11, 2006 by jflundy

[Morden]

Yes I did take proper legal advice with a top BKK lawyer and I have no issues with it. But I do not like the 'I told you so' gloating attitude that you and others are taking with forum users who have taken the company route. Typical UK attitude you have, the 'I'm all right Jack, <deleted> the rest' syndrome.

If they make the company active which does not take a great effort and make sure that their Thai share holders are legitimate and are not conducting property development for resale on a large scale and keep to looking after their family, company business and taxes. Then the trading company with land and house and business is legitimate.

Well, you've no problem then, but many others have. I think it's you that's taking the 'I'm all right' attitude whilst claiming to speak for others.

I really can't see what you're beefing about. And let's have less of the anti-UK remarks, please. You've no call to write what you did. I don't know where you're from and I don't care but it seems to me that your only interest here is to cause trouble. You have been gratuitously rude in several posts on this thread and are now showing an unpleasant attitude that I don't think is very welcome on an international forum.

I'm beginning to think that you're a TROLL.

[thaigene2]

I'm the OP. Thanks everyone, think the question has been answered, though it's troubling to learn that your wife's shareholding will be considered part of yours..more discrimination.

Anyway, we're into a slanging match above, so I'd recommend the moderators close the thread. Thanks again..