San Patong (Ban Klaeng) ---On the way to buy land

[JaseTheBass]

Utter nonsense.

Of course if you give money to your wife to buy land it will be hers, but to state that you aren't allowed to help your wife develop the land is simply not true.

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[elektrified]

15 hours ago, Socky said:

Because of what?

Not a damn thing to do there. Bunch of hicks living there.

[JaseTheBass]

Exactly.

I have even signed a form saying I have no claim on the land that the land office insisted on. No problem for me, as my wife was a cashier...

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[KhonKaenKowboy]

A friend used his company to invest in a house and let his GF live in it.  Her father reappeared after an 8 year absence, and moved in. The money he pays her to do a nominal amount of work keeps this abled body unemployed man in scotch and cigarettes.  So even with a truly legal claim, it may not end happily ever after.  Three million and 15,000 per month.

[WinnieTheKhwai]

15 hours ago, Socky said:

And about the money for buy that land.....all about Land Offices in Thailand want farang sign about that this money it don´t comes from him. So, there is no problems with law.

 

Especially if that's actually true.

 

Although even if not I don't think it's too likely to cause a problem once the land has been transferred.

 

If anyone feels bothered by it then you can establish an alternative trail for the money, like a mortgage via the government ฺBank for Agriculture and Agricultural Cooperatives  (ธ.ก.ส.) on other land that her family already owns. And then she can pay that off from her allowance or other regular income. 

 

This mitigates other risks too because you're not going all in, typically ending up with very low monthly payment, much lower than renting something around town even after building a basic house on it.

 

 

24 minutes ago, elektrified said:

Not a damn thing to do there. Bunch of hicks living there.

 

You could say that about the whole of Chiang Mai. 

 

But on topic: I can't think of any issues in that area. Ban Klang is a pretty big area.  Not terribly scenic in most places, although the main area worth mentioning is the Wiang Tha Kan historical site.   I would like to be near there.  (or in the middle of it if at all possible)

 

 

[Socky]

Thank to all for the usefully Postings. Well, of course we already saw the land (it´s not far from the Road 108), and also look a little bit around. It´s also not that far from two rivers, that´s why i asket in here about flood around this area.

Edited July 11, 2017 by Socky

[WinnieTheKhwai]

So.. about 600-800K per rai?

[ramrod711]

I bought land for my wife, when she went to the land office I was at the gym. She called me, told me that the guy at the office wanted to see me. I asked why, it isn't my land, my name isn't on it (unlike the land our house is on, which I lease). My wife said that he wanted me to acknowledge that I have no claim to it. I drove all the way out there, the guy never even looked at me let alone talk to me. If it is illegal for me to buy land for my wife, you would never know it from the head honcho at the Saraphi land office. I bought land for my wife because I wanted her to have it, anyone who calls me a sucker isn't as fortunate as I am to have a good woman.

[WinnieTheKhwai]

1 hour ago, ramrod711 said:

I bought land for my wife, when she went to the land office I was at the gym. She called me, told me that the guy at the office wanted to see me. I asked why, it isn't my land, my name isn't on it.

 

But your name is on her, hence the request.  

 

(Typically they don't ask if a Thai wife doesn't change her last name after marriage.)

[KhonKaenKowboy]

11 hours ago, WinnieTheKhwai said:

So.. about 600-800K per rai?

WTK, sounds high, but I am not that familiar with land prices out there.  I have seen nice land outside of CNR advertised for 350 per TW.

[ramrod711]

7 hours ago, WinnieTheKhwai said:

 

But your name is on her, hence the request.  

 

(Typically they don't ask if a Thai wife doesn't change her last name after marriage.)

True, she did take my family name. Question is, if it is against the law for me to buy land for her, why wasn't the law enforced? That guy didn't care at all, and later there was an issue with one corner of the road frontage that didn't meet the land. When it was pointed out to my wife that she could legally claim that 19 tarang wa if she got a government surveyor to sign off on it she was able to obtain a chanote for that portion, although it can't be sold for ten years. Nobody asked where the money came from then either. I have a hard time believing that I committed some kind of offense. By the way I know that it wasn't you that said it was against the law, I have no quarrel with your post.

[KhonKaenKowboy]

How the law is interpreted is a grey area.  Some people are required to pay tax on income made in the last year, but if it is more than a year, not...even though it would likely come from the same bank account.  Legal to give your wife money (and of course her family), but not legal for a foreigner to give money to buy land.  Legal to set up a company and put the property in your company name; not legal to set up a company for the purpose of acquiring real estate.  A friend just sold his 12th house that he built 10 years ago on his companies land.  Yellow Bank wouldn't even let him switch from a shiite account to MeeTaeDai account, because he only comes a few months per year on a TV.  It has all worked out, but rationality is rarely the rule.

[ramrod711]

17 hours ago, Socky said:

Thank to all for the usefully Postings. Well, of course we already saw the land (it´s not far from the Road 108), and also look a little bit around. It´s also not that far from two rivers, that´s why i asket in here about flood around this area.

Have you considered a long term lease, (30 years) on the land? That's what I did on the land we live on. I trust my wife completely, her stepmother and a couple of her sisters not so much. I had a lawyer draw up the lease and it was registered at the land office. The boss there explained to my wife that it was a "very powerful document", money can not be borrowed against the land and it cannot be sold while the lease is in effect.

[KhonKaenKowboy]

Creditors could make a claim, but would have to get in line behind your lease.  The negative on the lease is establishing the rent to be paid, and also being liable for the annual tax on the rent, in addition to the 1% of the total lease amount at the land office.  But, they usually, don't collect the annual tax....famous last words.

[Socky]

21 hours ago, WinnieTheKhwai said:

So.. about 600-800K per rai?

Asking Price is about 900 K per rai, it´s fully chanode. I think it´s fair for this area.

Edited July 12, 2017 by Socky

[Socky]

4 hours ago, ramrod711 said:

Have you considered a long term lease, (30 years) on the land? That's what I did on the land we live on. I trust my wife completely, her stepmother and a couple of her sisters not so much. I had a lawyer draw up the lease and it was registered at the land office. The boss there explained to my wife that it was a "very powerful document", money can not be borrowed against the land and it cannot be sold while the lease is in effect.

 

We not yet bought it, it´s still on the way but i will not do any long term lease. It is not that big money and I want that she own it, also trust her. If anything happen, it will happen.

Edited July 12, 2017 by Socky

[thaibeachlovers]

On ‎7‎/‎9‎/‎2017 at 8:38 PM, cyberfarang said:

Sorry, but you are breaking the law. Buying land in Thailand in your Thai wife`s name is not a loophole around the law.

 

I live not far from you, around the back of the Hang Dong hospital and would never buy land there that I could not own and breaking the law by doing so and this is the special thing you should be thinking about.

 

Go and take advice from a lawyer to see if there are any legal ways you can get around the legalities of Farlangs buying land in Thailand.

 

 

Yes, the government has specifically said buying land with your money in a wife's name is illegal ( according to what I read in the newspaper ).

[thaibeachlovers]

4 hours ago, Socky said:

 

We not yet bought it, it´s still on the way but i will not do any long term lease. It is not that big money and I want that she own it, also trust her. If anything happen, it will happen.

It's irrelevant the reason for you buying it, if it's YOUR money, it's illegal.

[Dante99]

2 hours ago, thaibeachlovers said:

Yes, the government has specifically said buying land with your money in a wife's name is illegal ( according to what I read in the newspaper ).

It is legal to gift money to your wife which is then her money, no strings attached.  Then it is legal for her to buy land or do whatever she wants with the money.  If she chooses to buy land, it is her's and you have no claim on it.

2 hours ago, thaibeachlovers said:

It's irrelevant the reason for you buying it, if it's YOUR money, it's illegal.

You avoid this issue if you give her the money, no strings attached because then it is her money not yours.  Then she is buying, you are not.

 

It is really quite simple.  

[ramrod711]

11 hours ago, KhonKaenKowboy said:

Creditors could make a claim, but would have to get in line behind your lease.  The negative on the lease is establishing the rent to be paid, and also being liable for the annual tax on the rent, in addition to the 1% of the total lease amount at the land office.  But, they usually, don't collect the annual tax....famous last words.

Taxation on the "rent" is definitely a possibility, I knew that going in. I did explain my position on that to the lawyer, I paid for the land and the construction of the house, therefor it is a prepaid lease. I don't know whether he agreed with me but he didn't make an issue of it. My wife hasn't been asked to pay any tax, and believe me, she isn't about to volunteer.

[Paul Catton]

3 hours ago, thaibeachlovers said:

Yes, the government has specifically said buying land with your money in a wife's name is illegal ( according to what I read in the newspaper ).

Best summary I have seen regarding a Thai spouse to a foreigner buying land

the-thai-spouse-right-to-own-land-freehold

Would appear to be backed up by most law firms and their synopsis of advice for this subject on-line

Siam Legal, Bangkok Attorney, Chiangmai Law, Thaicontracts etc..

 

It has been raised previously over many similar threads of this topic, as to whether "a no strings attached gift" would incur taxation.

http://www.interactivethailand.com/accounting/gift-tax/

I believe 3a could well dispense with this notion.  

 

 

[Trujillo]

I am curious why you and your wife would want to move to a place that neither of you have been to and know little about? 

Did you read somewhere that San Patong is some sort of paradise of the North? 

[WinnieTheKhwai]

16 hours ago, ramrod711 said:

Question is, if it is against the law for me to buy land for her, why wasn't the law enforced? That guy didn't care at all, and later there was an issue with one corner of the road frontage that didn't meet the land. 

 

Right, I don't think the purpose of the law is to prevent a Thai spouse from buying land with money that she received as a gift from her husband.  

 

The main purpose is to establish that a foreign spouse will have no (joint) claim to ownership of the land: normally with any purchase of anything, ownership would be joint because of marriage.  The signing of this document establishes that land ownership is by the Thai spouse only, not jointly owned.  

 

There is also no requirement for the Thai spouse to show the origin of the money, clearly it is fine when she received it from her husband.  

 

However, interpretations can change over time, of course.  Or even immediately, at the whim of the powers that be.  Thailand's legal system and model of governance do not inspire confidence for serious business investments.  (Unless the benefits outweigh the risks, or the investment is not a major one.)  I therefore can't argue with the people on this forum who advise to rent only, other than to say that many foreigners feel that their spouse (and kids) deserve to own property or at least feel they deserve it more than giving rent money to a total stranger.  

 

9 hours ago, Socky said:

Asking Price is about 900 K per rai, it´s fully chanode. I think it´s fair for this area.

 

Myeah, I suppose so.  It doesn't sound like the deal of the century, but not unreasonable either.  Especially if it's just 1-2 rai, not 30. :)   My Mrs. has land in Sanpatong for sale and wants more than that for it. (1 Rai in a village off the Canal Road, 19 kms from Airport Plaza intersection.)

 

 

 

[Paul Catton]

3 hours ago, Trujillo said:

I am curious why you and your wife would want to move to a place that neither of you have been to and know little about? 

Did you read somewhere that San Patong is some sort of paradise of the North? 

Saturday buffalo market, heaven on earth. Rumour is Winnie weekly enters himself but always gets passed in at auction.

Seriously though, as a satellite town within easy distance to the "City" it has enough redeeming features to warrant settlement consideration.

Hospital, Police Station, a handful of "gold shops", eateries / local grog shops, condensed supermarkets etc.

No doubt all the other nearby satellite towns have similar.

I agree with you, it would be interesting for OP to give a little insight into how San Patong actually became a prime focal point if completely unfamiliar with the District.

 

 

[WinnieTheKhwai]

10 hours ago, thaibeachlovers said:

Yes, the government has specifically said buying land with your money in a wife's name is illegal ( according to what I read in the newspaper ).

 

... For the purpose of controlling the land, yes.   But I really don't think it's illegal when the money is a gift without any kind of ownership construction.  (From that perspective it may actually be less correct if a lease is issued, then it looks more like a foreigner is controlling the land.)  Although so far neither has ever been a problem since the current regulation went into effect almost 20 years ago.

 

4 hours ago, Trujillo said:

I am curious why you and your wife would want to move to a place that neither of you have been to and know little about? 

Did you read somewhere that San Patong is some sort of paradise of the North? 

 

It isn't?  :^O

 

Edited July 13, 2017 by WinnieTheKhwai

[WinnieTheKhwai]

 

Paradise of the North

(About 30 minutes from town)

 

 

 

[Paul Catton]

Not a hedonistic bar in sight nor Rimping, how do you survive?

[WinnieTheKhwai]

9 minutes ago, Paul Catton said:

Not a hedonistic bar in sight nor Rimping, how do you survive?

 

Yeah, I didn't say I actually live there. :)    Paradise is WAY overrated.

 

But the long term plan is to maintain a pied-à-terre downtown.

[Sparkles]

10 years ago we bought at Wangtan a gated village slightly south of Makro/Big C Mae Hia.

Some people remarked,at the time ,why would you live so far from the old city ?

 

Now the town has grown to meet us ,wish sometimes we had bought further south.

 

 

 

[Paul Catton]

46 minutes ago, WinnieTheKhwai said:

 

Yeah, I didn't say I actually live there. :)    Paradise is WAY overrated.

 

But the long term plan is to maintain a pied-à-terre downtown.

My pied-à-terre would be a 49% foreign owned condo/studio bolt hole in the "City" and there are many up for grabs at throwaway prices. 

Would probably benefit Opal more than me if truth be known except for the travel in for CEC breakfast.