House Purchase in Thai Wife's Sole Name

[stament]

My wife is buying a house solely in her name with our money. I am aware foreigners cant own land and am 100% comfortable with this artangement so please can we not have any of the usual jibes around a fool and his money are easily parted, etc. I am 100% comfortable that she and my boys would have the house should we split up. After all they need somewhere to live ;-)

 

I read a few articles a long while back which said that if a Thai had a foreign husband then sometimes said foreign husband is required to go to City Hall and sign some documents. I have tried sesrching on google and thaivisa but cannot find a suitable article on this now.  Must say, first impressions I am not too impressed by the new website!  I lost all my followed content :-(

 

Could some helpful TV members explain why I am required to go to City Hall. What is the purpose? The money is in my wifes bank account and we are paying for the house outright with no mortgage. My wife is a housewife to our 2 boys and no longer has any income of her own.

 

 Thanks

[juehoe]

I assume, that your marriage is registered in Thailand? Then you are protected by the Thai law. To my knowledge, there is no reason why you should go to the municipality.

 

My spouse bought a townhouse on her name in Hua Hin. I only signed as a witness.

 

Sometimes, there a local rules, which are different from other provinces. It may be worth to consult a lawyer.

 

It is perhaps always good to include a lawyer for important things to cross check the documents. I had to lean that even officials makes errors and things can be get complicated in the future.

[Delight]

 The Thai  law specifies ,in the case of a divorce, then  each party retains assets acquired prior to

 marriage..

This means that a foreigner who uses his money to  purchase a property (and other assets) post marriage can  keep the property(and other assets) post divorce. 

The foreigner will need to show a very clear audit trail of his money coming into Thailand and then  show very clearly that this money was  used for the  acquisitions.

 

The foreigner will also need a skilled lawyer

The argument used by the lawyer is that the money to purchase the assets was the property of the foreigner prior to marriage and is thus   retained  by the foreigner post divorce.

 

However –it may be that if you sign documents stating that the monies used for  asset purchase   are  a  gift to your wife then all the foregoing is irrelevant i.e the house 100% belongs to her since the money is 100% hers

I am no expert -you do really need expert advice

That said given that your family is priority one -then it will probably make no difference

 

 

t

[NanLaew]

The requirement is for the foreign male spouse to sign an affidavit at the land office attesting to the (arguably perjurious) claim that regardless of the source, the funds being used are solely the Thai spouses funds and that the foreigner has no claim to the property being acquired with said funds. Standard operating procedure in LOS. Anyone signing something and being told it is only to witness the registration of the purchase is having smoke blown up his kilt. No big issue for the OP as he appears to have the right attitude regards what he stands to lose his obligations are should the relationship go pear shaped.

Edited August 3, 2016 by NanLaew
Clarity

[baansgr]

You will sign a declaration at the land office on day of transfer stating the said property is Sin Suan Tua and will not be regarded as Sin Somros in the event of divorce.

[stament]

Thanks all