Buying Property

[bentrein]

I'm not sure where to put my querry, please move it if it's in the wrong place...

I know that a farang - man in my case - can't own property in Thailand.

So you buy it through the trusted GF. Provided she doesn't run off with it, what are my options...

If she's already married to me, can she still buy property?

If not, what happens if we decide to marry AFTER she has bought the porperty?

If yes, what happens if, after our long term standing marriag, she obtains a non-Thai passport? Will we be forced to sell?

Anyone know anything about this? Looking forward to hear!

[huski]

If she's already married to me, can she still buy property?

yes

If not, what happens if we decide to marry AFTER she has bought the porperty?

this was the old method, no longer needed.

If yes, what happens if, after our long term standing marriag, she obtains a non-Thai passport? Will we be forced to sell?

if she has dual citizenship it doesn't matter. she is still thai with a thai passport when in thailand

[dr_Pat_Pong]

I'm not sure where to put my querry, please move it if it's in the wrong place...

I know that a farang - man in my case - can't own property in Thailand.

So you buy it through the trusted GF. Provided she doesn't run off with it, what are my options...

If she's already married to me, can she still buy property?

If not, what happens if we decide to marry AFTER she has bought the porperty?

If yes, what happens if, after our long term standing marriag, she obtains a non-Thai passport? Will we be forced to sell?

Anyone know anything about this? Looking forward to hear!

Huski has removed your worries ... so it is buying time

[Padkapow Guy]

Huski

My wife has been in the states for 25 years but she still has a Thai id card and Thai passport. Is she allowed to own land in Thailand?

We were always told by everyone (none of them actually own land in Thailand) that a Thai woman gives up her right to own land once she married a foreigner.

I guess I always assumed they new what they were talking about. It sounds like you might have some different info on this.

thanks for any clarification on this.

Jim

[dr_Pat_Pong]

Huski

My wife has been in the states for 25 years but she still has a Thai id card and Thai passport. Is she allowed to own land in Thailand?

We were always told by everyone (none of them actually own land in Thailand) that a Thai woman gives up her right to own land once she married a foreigner.

I guess I always assumed they new what they were talking about. It sounds like you might have some different info on this.

thanks for any clarification on this.

Jim

They have changed the law. She certainly can own property in her own name. Does she have a current Thai ID card, and is her surname your name or her Thai name ?

[Padkapow Guy]

Dr. Pat Pong

She has a Thai ID card with her surname in Thai.

The last time she got her new ID card they told her she should change her name to my last name. I told her not to unless they insist on it.

would this make a difference in owning property?

This could make a huge difference in our retirement plans. We had thoughts of putting land in her sisters name, which I was not to crazy about. I have heard of to many horror stories of guy's coming back to Thailand only to find out the in-laws have sold the poperty on them.

thanks for any info you have on this.

Jim

[phuketrichard]

Hi;

you all have it part right/part wrong.

A thai lady married to a farang can buy/own land BUT she must show it is HER!! money not his. Sooooo. and if she is married out of thailand and has not changed her name.

If you do buy land get a lock tight contract/lease agreement with her.

I just went thru a real nasty thing with my ex wife concerning land I brought (we were married in the states), not registered here in Thailand.

I saw the relationship was heading south,(after 10 years) and got her to sign a blank power of attorney form, copy of her id card and copy of her tambian baan. Then I took the land out of her name and placed it in a friends name. She left and found out and then tried to make trouble ( ie wanted money)

I then had a iron tight lease with my friend specifying that I could split the land, sell the land, what ever I chose to do and at the end of 30 years I could renew the lease.

I also had a clause that this lease was binding to ALL of her heirs (many a farang has been screwed when his wife whom he loved, died and the mother/brother kicked him off the land) and that when my daughter reached the age of consent (18) that she would sign the land over to her. I covered my ass backwards and forwards.!

I then got a lawyer and we made up an agreement that she signed (my ex) that she was merely a proxie in the purchase of the land and for xxx amount of baht would never again make any claims.

So DON"T buy it in your wife's name, avoid the hassle, Buy it in a friends name you don't sleep with and get a very good lease. OR set up a company and purchase the land in the companies name.

If your an American you can set up a American company with no thai share holders. But that's a whole other story.

Good luck but be careful, its hard to tell your thai wife why you don't want your land in her name or why you need a lease, (she will think you don't trust her). ( trust a thai??) Many a farang caves in to this and.....

[dr_Pat_Pong]

Dr. Pat Pong

She has a Thai ID card with her surname in Thai.

The last time she got her new ID card they told her she should change her name to my last name. I told her not to unless they insist on it.

would this make a difference in owning property?

This could make a huge difference in our retirement plans. We had thoughts of putting land in her sisters name, which I was not to crazy about. I have heard of to many horror stories of guy's coming back to Thailand only to find out the in-laws have sold the poperty on them.

thanks for any info you have on this.

Jim

The law changed last year. She can retain her Thai name now. Richard isn't right either. I only asked about the name because if the district office realizes that she is married to a farang, you will have to sign a document stating that she provided the funds for the purchase ( even if you paid ), and you agree to relinquish all claims against the land. Depending on your relationship with your wife, you'll know the best ownership approach for you. It seems just as risky to have a third party as the proprietor. Good luck, and remember that not all marriages go belly up.

[GuestHouse]

phuketrichard,

Can you tell us which lawyer you used.

[pnustedt]

Depending on your relationship with your wife, you'll know the best ownership approach for you. It seems just as risky to have a third party as the proprietor.  Good luck, and remember that not all marriages go belly up.

I agree - I reckon that if I told my wife that I was buying land thru' a 3rd party because I didn't think we would last the course she would go more than "belly up"!

[phuketrichard]

yea, belly up and with tears in her eyes,"why don't you love me/trust me?"

But although the good doc is right that not all go belly up. Are you willing to take that chance with your hard earned money in a country that will not let you own land?

Notice that the dc said," if the district office realizes that she is married to a farang, you will have to sign a document stating that she provided the funds for the purchase ( even if you paid ), and you agree to relinquish all claims against the land. "

That would have F#@cked me.

As I know from the land office she has to prove that the money is her's.

Regardless what you do or whose name you get it placed in, GET a very good lease for 30+30.

I used SV & associates Khun Vuti (speaks excellent english)

email [email protected] web: www.sv-one-stop-service.com

tel 076-234-075

Give him my name if you wish and maybe he'll give me a discount next time :-)

he is really nice and has lived overseas.

[huski]

Give him my name if you wish and maybe he'll give me a discount next time :-)

just tell him phuketrichard sent you...

Depending on your relationship with your wife, you'll know the best ownership approach for you. It seems just as risky to have a third party as the proprietor. Good luck, and remember that not all marriages go belly up.

imagine donald trump in thailand

[Basher]

Dr. Pat Pong

She has a Thai ID card with her surname in Thai.

The last time she got her new ID card they told her she should change her name to my last name. I told her not to unless they insist on it.

would this make a difference in owning property?

This could make a huge difference in our retirement plans. We had thoughts of putting land in her sisters name, which I was not to crazy about. I have heard of to many horror stories of guy's coming back to Thailand only to find out the in-laws have sold the poperty on them.

thanks for any info you have on this.

Jim

The law changed last year. She can retain her Thai name now. Richard isn't right either. I only asked about the name because if the district office realizes that she is married to a farang, you will have to sign a document stating that she provided the funds for the purchase ( even if you paid ), and you agree to relinquish all claims against the land. Depending on your relationship with your wife, you'll know the best ownership approach for you. It seems just as risky to have a third party as the proprietor. Good luck, and remember that not all marriages go belly up.

Dr PP is spot on with his reply, also there is a lot of info in i'ssues and answers' within www.phuketgazette.net , they have pretty much the whole thing sown up as far as legal advise goes, of course they can't guarentee your relationship, but good luck, I have been married 4 years to a great thai lady and still going strong.

Bash

[dr_Pat_Pong]

Marriages in western societies don't have enormous chances of success either.

[Boon Mee]

Marriages in western societies don't have enormous chances of success either.

Britney Spears any good example?

[phuketrichard]

How true,

all in all my marriage (at least to me) was great. We had 10 good years and a we (now I) have a 10 year old daughter but then....

people change. Best be prepared that's all.

The gazette does have loads of info advising about this.

Good luck:-)

[dr_Pat_Pong]

Marriages in western societies don't have enormous chances of success either.

Britney Spears any good example?

Might be worth a one nighter.

[Boon Mee]

Marriages in western societies don't have enormous chances of success either.

Britney Spears any good example?

Might be worth a one nighter.

I'd be keen but she'd have to take that gum out of her mouth!

[dr_Pat_Pong]

Marriages in western societies don't have enormous chances of success either.

Britney Spears any good example?

Might be worth a one nighter.

I'd be keen but she'd have to take that gum out of her mouth!

Ohhhhhhhhhhhhhhh it's gum is it ?

[h5kaf]

Dr PP is absolutely correct in his advice. However I would advise anyone who is buying land and probably building upon that land, to register a lease. It is a simple process and need not be threatening to a marriage. For me it was less a matter of trust but more an issue of equity. I cannot own land my wife can. Thus my only way to have a share in our joint asset is to have a lease on the land for 30 years. The house I built on the land can be in both our names. Now she cannot sell the land or the house without my consent and neither can I. Joint ownership in the Western sense is not possible here but I feel that this solution is no more than any European or American would require of a partner in their own country.

One final word of warning the 30/30 year lease is all very well but the second 30 year follow-on has not been tested in court yet. So for those of you planning to live another 60 years there is some element of risk in the 30/30 lease - no matter how illustrious the lawyer who drew it up.

[sonthaya]

I have a question, perhaps it has allready been answered, I'm not sure, I am married to a Thai lady for 11 years now, recently when she renewed her Thai id card she changed her surname to mine, and now it's in her new Thai passport as well, does that affect her right as a Thai to buy land in Thailand ??

[dr_Pat_Pong]

I have a question, perhaps it has allready been answered, I'm not sure, I am married to a Thai lady for 11 years now, recently when she renewed her Thai id card she changed her surname to mine, and now it's in her new Thai passport as well, does that affect her right as a Thai to buy land in Thailand ??

The change of name does not effect her property rights at all. The law changed last year about surnames too. She is not now compelled to change her name to yours, and in fact, is entitled to have it changed back to her old name if she so wishes.

[pnustedt]

The change of name does not effect her property rights at all.

Whilst this is correct you may find that in some amphurs (particularly in Isaan) your wife was able to buy property with no problems previously - the clerk would not have realised she was married to a Farang. Now it will be obvious to him and you should be present to sign that you have no interest in the land or money to buy it.

A way around this, if your wife wishes to buy land and you are not present, is to buy it in her sister or mother's name and transfer it at a later date. My wife bought four lots of land at various times last year by this process and transferred all of them into her name when I was last there.

[lopburi3]

My wife bought four lots of land at various times last year by this process and transferred all of them into her name when I was last there.

What was the extra cost? Don't know but it seems that any visit to the Land Registration Office involves a few fees as this is how/where tax is collected.

[pnustedt]

What was the extra cost? .

There was a transfer cost - can't remember precisely, a few thousand baht for the four lots, the wife did everything whilst I hung around, then signed the papers.

[astral]

Don't tempt fate.

If you do not break up, your wife could die before you.

What happens then?

Who gets the property?

Where do you live?

The simple way is start a company. Put the property in the name of the company.

Then you control the purse strings.

You can always leave your share of the company to your wife when you die.

Remember the Golden Rule:

Do not invest more in Thailand, than you are prepared to walk away from

[exp9696]

YES ASTAL 100% agree with the golden rule .This is the advice i always give to newcomers in thailand

[think_too_mut]

I know that a farang - man in my case - can't own property in Thailand.

You are strictly after land + house property?

If apartments (condos) are covered with your radar, yes , you can buy and own them solely in your name.