Recent new build house in thai wifes name - How do I change it to mine?

[JustAnotherFarang]

Hi

 

I have recently built a new house on land that I purchased with my wife.  When I asked about the tabien ban she said that she had already received it and that the property was listed in her name.

 

This is not what we agreed and now I am insisting that the title should be in my name instead.  Can anyone tell me what I will need to achieve this and what it will cost as well.

 

Thanks

 

JAF

[rgs2001uk]

In whose name was the building permit issued?

[JustAnotherFarang]

I am assuming it is all in my wifes name.  We are still together so its not a problem to change any details if neccesary.

 

JAF

In whose name was the building permit issued?

 

[rgs2001uk]

Sorry, you dont say where you are.

 

Was a building permit ever issued at the local ket (if in Bkk) or OBT if upcountry?

Or is this one of these back of a fag packet issued by some local puu yai baan in the back of beyond?

 

It may well be too late to have a building permit issued retrospectively, if one was ever issued in the first place.

 

Usufruct or lease may be your only option.

[khunPer]

It’s to my knowledge a bit difficult with registering house ownership for a foreigner, as you cannot own the land. From what I’ve read about it, it is possible to have a house ownership (not land) registered at Land Office, when you buy a house (secondhand). However, when building a new house your proof of ownership seems to be the following items only:

 

Your name on (all) the architect drawings, you will have a stamped copy back together with the building permission,

Your name on the official building permission,

Your name on all agreements and/or contracts with building constructor(s),

Keep receipts for all money transfers and payments, preferably with your name on or transferred from your bankaccount,

Keep all other receipts, preferably with your name on, as proof for paying for construction and materials etc.

 

When issuing a Blue House Book, no name shall be listed something like “master of the house” (in Thai), whilst when having the Yellow House Book for aliens (including farangs), your name shall be listed as “house master” (or something like that in Thai).

 

The above is what I did when building my house (I’m not married).

 

It may be worth to check with Land Office if the house can be transferred to your name, like if you buy it “second hand”, or check with a lawyer for advise – normally first meeting is free of charge. Without a prenuptial agreement a house build during marriage may be considered common property and split 50/50 in case of divorce.

 

Another possibility may be to have Land Office to state loan servitude on the land deed (if Chanute title), a kind of mortgage that can be same as value of the house. The land cannot be sold or transferred without the loan being paid in full. You will need to check with a lawyer if that is legal when married.

 

Anyway, keep all money transfers and receipts as proof.

 

If you find any kind of solution or good advise, please post it here on TV to help others…

 

Wish you good luck. 

[MRTHAIBRI]

I don't like your chances pal! Should have set up a company, bought the land then built the house!

[realenglish1]

I have to say You cannot have the house in your name This is Thai law. You are screwed and your wife knew about it before she registered it

 

Your out of luck my friend. I do not understand why people do not check with a lawyer before the do stupid things

 

I suspect the next thing will be she will throw you out of the house Its hers She does not need you anymore

[falang07]

same scam every time, "oh darling, look, it is listed in my name... I am sorry, I forgot to tell them you wanted it in your name" :)

 

 

 

[falang07]

realenglish1, you can have a house (the structure without the land under it) in your name, if you build it in your name. But I doubt it can be changed later on.

 

 

 

[kerrysum]

Sorry, you dont say where you are.
 
Was a building permit ever issued at the local ket (if in Bkk) or OBT if upcountry?
Or is this one of these back of a fag packet issued by some local puu yai baan in the back of beyond?
 
It may well be too late to have a building permit issued retrospectively, if one was ever issued in the first place.
 
Usufruct or lease may be your only option.

Very good point! Thailand the illusive verbatim of what is....

[Gsxrnz]

Mind boggling. 

[dereklev]

You can get a Usufruct which gives you "ownership" of the house for your lifetime. Your name will be on the Chanote.

 

It means that you have the lawful right to use the house and land.. Your wife still owns it and can still sell the house but only with you in it.

 

It is a pretty simple process and can be done at the local Amphur offices.

 

Search the forum there have been mahy threads about this in the past

[Emster23]

Short answer: you don't

[Bung]

Get your wife pregnant as soon as possible. Put the chanote in your child's name. No one will be able to do anything with the property until the child is 21. It can't be leased, rented, sold, nothing. You have the place secure for 21 years at least. As the father no one can kick you out. Your child may benefit from the property when he/she is older unless someone gets in their ear and convinces them to sell it.

[rosst]

What a dill

[Gsxrnz]

You can get a Usufruct which gives you "ownership" of the house for your lifetime. Your name will be on the Chanote.

 

It means that you have the lawful right to use the house and land.. Your wife still owns it and can still sell the house but only with you in it.

 

It is a pretty simple process and can be done at the local Amphur offices.

 

Search the forum there have been mahy threads about this in the past

 

This link tells you everything you want to know about Usufructs in Thailand.  http://www.thaivisa.com/forum/topic/171307-everything-you-wanted-to-know-about-usufruct-agreements-in-thailand/

 

Personally, I think it offers as much protection as the "pulling out" method. 

[shirtless]

Its going to be an expensive process to rectify this problem, an ounce of prevention is worth a pound of cure.you have been done son.

[BrooklynNY]

As a Thai person, your wife and any Thai wives who are married to foreigners, they know damn well how to take advantage of clueless foreigner husbands. When it comes in sharing assets after marriage, foreigners do not get an equal share. You can buy a land but it has to be in someone's name who is Thai.

[maprao]

Just my two pence worth

Blue (for Thais) and Yellow (farangs) Tabien Bahn indicate who is registered as living at that address

They are no indication of property ownership.

 

15 / 18 years ago when land was cheap (especially in the boonies) and building cost were not too expensive added to good GPB and Dollar exchange rate it was all a fun game. Now it a dangerous game unless you are very wealthy and know the risks you are taking.

Edited August 2, 2014 by maprao

[maoro]

Many places you can build without any permit at all. I have built 4 shops and a house with no permit, in fact the authorities said we could do what we wanted in our area which is less than 2 kilo from a major centre. Therefore no permits and no names as yet.

[stgrhe]

I have to say You cannot have the house in your name This is Thai law.

 

Not true! It is indeed possible.

[stgrhe]

KunPer gave you a correct statement of how to go about it if you construct a house from scratch. The process for legal separation of of ownership of the house from the land on an exisint home is more complexed but is indeed possible depending on circumstances. You had better see a lawyer for the details.

 

However, in reality you have nothing to gain from this if you are legally marrid to the house owner (your wife) provided the purchase / house build was done when legally married. The reason for this is that you in fact already would own 50% of the house and land current value as the property would be regarded as Sin Somros, i.e. mutually owned property.

 

If you still want to go ahead with the process, or secure a right to remain at the property, the best option is to register a superficies right in your name; alternatively you could register a usufruct but stay away from leasing.

 

Good luck

[JustAnotherFarang]

Cheers for the advice guys, even though some of it is negative it still gives me food for thought.  I have been married for 14 years so as mentioned previously I do have some protection under sin somros but I will read up more about the usufruct and get that taken care of in the near future.

 

JAF

 

 

[UKJASE]

Get a Usufruct if your land office will issue one.  if they wont, get a lawyer to arrange one from the land office

 

this way she will never be able to sell it, or put it with the bank, and she wont be able to deny you access

[Alan653]

From what i have heard, you can only own it if the house does not touch the ground, ie...on stilts...other than that you are "SOL". She owns it now and not much of a chance you ever will. I'm so sorry for you.

[bangsaenguy]

From what i have heard, you can only own it if the house does not touch the ground, ie...on stilts...other than that you are "SOL". She owns it now and not much of a chance you ever will. I'm so sorry for you.

Did you hear this down at the barber shop? One of the neighbors tell you?

[belg]

she got what she wanted... a farang to pay for HER house

 

now, if the arguments start occuring soon, you know it is almost time to pack your bags

 

 

[mccw]

Get yourself a userfruct as well. Right to use the land for the rest of your life and to derive any profit from its use also , such as rental.
Cost 75 bht. Just go down to the land office with the Chanort and fill in the forms and your name and the userfruct will be written on the back of the Chanort itself , meaning it's highly unlikely anyone would ever buy it with out you agreeing to remove that userfruct, banks wouldn't lend with out your signature etc.

Chock dee


Sent from my iPad using Thaivisa Connect Thailand

[rgs2001uk]

Many places you can build without any permit at all. I have built 4 shops and a house with no permit, in fact the authorities said we could do what we wanted in our area which is less than 2 kilo from a major centre. Therefore no permits and no names as yet.

 

I hope the authorities were kind enough to give you that piece of advice in writing on offical gov't head writing paper, signed and stamped with an official signature and copy of the person signing its id card.

 

Buildings have been torn down way before the latest crack down and will continue to be razed to the ground.

Illegal builds in Petchabun spring to mind,villages in Rayong spring to mind..

 

Best of luck, hope you sleep easy in you bed at night based on the advice of your local authorities.

[meatboy]

she got what she wanted... a farang to pay for HER house

 

now, if the arguments start occuring soon, you know it is almost time to pack your bags

 

 

yes belg he doesn't want to go upsetting her or he might find her brother getting involved  ,dont forget op.its what you promised her the first night.