tabien baan and house ownership

Ask here about the pleasures and pitfalls of buying, selling or renting property and real estate in Hua Hin. Building, design and construction topics welcome. Commercial or promotional posts for real estate companies or private properties are forbidden.
Post Reply
User avatar
ellis
Novice
Novice
Posts: 4
Joined: Wed Jun 21, 2006 9:01 pm
Location: Perth Australia hopefully to retire HH in few years

tabien baan and house ownership

Post by ellis »

Good evening all

I have searched the forum for an answer to my questions before posting this. My apologies if they have been answered elsewhere.

My wife owns some land (she holds the title) on which she built a house for her mother and brother to stay in.

When registering the tabien she thought it prudent to put her brother's name at the top as we live overseas and something may arise where he needed to be in charge for convenience sake e.g. to get an id card. Her mother's name and then hers follow on the tabien.

I now understand that the person on the top of the document is not only "in-charge" of the household but also technically and legally "owns" the house even though she can prove it was built using her funds. :?

So my questions are:

1. Can her brother now legally borrow money against the tabien or in fact sell the house without my wife being informed or her permission obtained?

2. If this is true, is there anything she can do to prevent this occurring without actually being in Thailand to remove her brother's name from the tabien or "re-order" it so that she is "on top".

Many thanks for any info
Ellis
Post Reply