Parents Of Wife Want Give Her A House

[kriswillems]

The parents of my Thai wife want to buy a house for her.

My wife is in Thailand at the moment and she'll stay there for 1.5 months.

The parents of my wife are not the owners of the house at this moment but they just want to pay for the house and put the house on my wifes name.

My wife went to the land registration office but they wouldn't let her officially own the house unless I went to the office and signed a paper (stating I am not the owner, even not partly).

I've no problem with this, but I am not in Thailand at the moment, so I can't go there.

Is there some other way her parents can give her the house without me needing to sign a paper?

For instance, could they first buy the house and then just donate/give it to her, so she'll become the owner?

[Dragonman]

The parents of my Thai wife want to buy a house for her.

My wife is in Thailand at the moment and she'll stay there for 1.5 months.

The parents of my wife are not the owners of the house at this moment but they just want to pay for the house and put the house on my wifes name.

My wife went to the land registration office but they wouldn't let her officially own the house unless I went to the office and signed a paper (stating I am not the owner, even not partly).

I've no problem with this, but I am not in Thailand at the moment, so I can't go there.

Is there some other way her parents can give her the house without me needing to sign a paper?

For instance, could they first buy the house and then just donate/give it to her, so she'll become the owner?

It is possible to sign the paperwork at the Thai Embassy in your Country. However as Land Offices are a law unto themselves, ask your wife to check if they will accept this.

There is no way around this requirement legally.

[kriswillems]

Okay, I just got an update from my wife on this. The probem is solved.

First her parents bought the house and after that they donated it to her (everything in one week). Everything that you receive from your parents (either before they die or after they die) in Thailand stays yours. So, by donating the house to my wife it was clear that it's completely hers and I didn't need to sign any paper.

I was not trying to find a way around the law, I was just trying to fix a practical problem.

Edited June 21, 2006 by kriswillems

[Dragonman]

Okay, I just got an update from my wife on this. The probem is solved.

First her parents bought the house and after that they donated it to her (everything in one week). Everything that you receive from your parents (either before they die or after they die) in Thailand stays yours. So, by donating the house to my wife it was clear that it's completely hers and I didn't need to sign any paper.

I was not trying to find a way around the law, I was just trying to fix a practical problem.

This is an interesting interpretation by the local Land Office of the Constitutional Court ruling, and in my opinion not legally correct. However as I said "land offices are a law unto themselves". You presumably have nothing in writing from the Land Office confirming that you don't need to sign the form. If there is nothing in writing from your wife's parents how do they know it was not a gift to you both, not just the wife? In other words "communal property".

[pnustedt]

This is an interesting interpretation by the local Land Office

They appear to have the same interpretion at Prang Khu land office near Sisaket.

Before my mother in law died she owned several properties in which various members of the family were living. She was concerned that, if they inherited property after her death they would use it for collatoral against bank loans, so she decided to transfer all the properties to my wife's name. So my wife is now the legal owner. I was not required to be present or sign anything during the transfers.

However, whenever my wife has bought property I have always had to sign that I have no interest, and when out of the country I was able to sign through a Thai consulate and the land office accepted the signature - albeit the process was somewhat longwinded.

[Dragonman]

This is an interesting interpretation by the local Land Office

They appear to have the same interpretion at Prang Khu land office near Sisaket.

Before my mother in law died she owned several properties in which various members of the family were living. She was concerned that, if they inherited property after her death they would use it for collatoral against bank loans, so she decided to transfer all the properties to my wife's name. So my wife is now the legal owner. I was not required to be present or sign anything during the transfers.

However, whenever my wife has bought property I have always had to sign that I have no interest, and when out of the country I was able to sign through a Thai consulate and the land office accepted the signature - albeit the process was somewhat longwinded.

Yes I believe a number of Land Offices would probably follow this way of thinking. That is, if it's a gift it can't be communal property. It of course leaves the challenge open from the foreigner that the gift was for both of us, but couldn't be put in my name. Difficult argument to defend if the mother is dead. Of course on this occasion I'm looking at it from the wife's legal perspective, and if I were her lawyer I'd get you to sign.

[kriswillems]

Okay, I just got an update from my wife on this. The probem is solved.

First her parents bought the house and after that they donated it to her (everything in one week). Everything that you receive from your parents (either before they die or after they die) in Thailand stays yours. So, by donating the house to my wife it was clear that it's completely hers and I didn't need to sign any paper.

I was not trying to find a way around the law, I was just trying to fix a practical problem.

This is an interesting interpretation by the local Land Office of the Constitutional Court ruling, and in my opinion not legally correct. However as I said "land offices are a law unto themselves". You presumably have nothing in writing from the Land Office confirming that you don't need to sign the form. If there is nothing in writing from your wife's parents how do they know it was not a gift to you both, not just the wife? In other words "communal property".

I know it's not communal property. It's property of my wife (my wife is more rich than me ). I have no problem with that. I think it's fair it's her property since her parents paid for the house. If my parents would give me a house here in Europe it would also stay mine and it also wouldn't be communal property.

Edited June 22, 2006 by kriswillems