Farang buying a house with a Thai lady

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HHTel
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Re: Farang buying a house with a Thai lady

Post by HHTel » Tue May 02, 2017 3:29 pm

I was at the land office today transferring some property into my wife's name. I notice that the declaration that you have to sign has changed in accordance with the law (at last). Now it confirms that the money is provided jointly by husband and wife and becomes part of matrimonial property. Completely opposite to the previous declaration which wasn't worth the paper it was written on.

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StevePIraq
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Re: Farang buying a house with a Thai lady

Post by StevePIraq » Tue May 02, 2017 3:33 pm

I hope this is relevant.
I met my lawyer today to discuss setting up a company to register a new property in my name. I was advised that in Prachuap Khirikhan this is no longer possible.
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Re: Farang buying a house with a Thai lady

Post by butch » Wed May 03, 2017 8:16 pm

to many sad endings for a man who buys house here and thai wife boots him out. just don't do it. rent or buy condo but don't ever buy a house.

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Re: Farang buying a house with a Thai lady

Post by HHTel » Thu May 04, 2017 12:32 am

Over exaggeration and only happens to farangs who believe they have no rights. Property bought within a marriage is split 50-50 on divorce. Wife cannot throw you out. In fact, when I divorced, the court ordered the wife out of the house although they awarded her a nominal rent for her share of the property.
Too many foreigners believe they have no rights and lay down and allow themselves to be walked over.

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Re: Farang buying a house with a Thai lady

Post by raphoedon » Thu May 04, 2017 1:27 am

Well said HHTEL, it pays to research and know your rights.
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Re: Farang buying a house with a Thai lady

Post by alanhass » Thu May 04, 2017 9:23 am

Definitely pays to know your rights. You own 50/50 your house and should something happen you are entitled to half its that simple.
You can 100% own your own house you just can't own the land.



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Re: Farang buying a house with a Thai lady

Post by alanhass » Thu May 04, 2017 9:25 am

HHTel wrote:Over exaggeration and only happens to farangs who believe they have no rights. Property bought within a marriage is split 50-50 on divorce. Wife cannot throw you out. In fact, when I divorced, the court ordered the wife out of the house although they awarded her a nominal rent for her share of the property.
Too many foreigners believe they have no rights and lay down and allow themselves to be walked over.

Not exactly true.
The word property is misleading. You can own the house but you cannot own the land.



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Re: Farang buying a house with a Thai lady

Post by HHTel » Fri May 05, 2017 12:08 am

alanhass wrote:
Thu May 04, 2017 9:25 am
HHTel wrote:Over exaggeration and only happens to farangs who believe they have no rights. Property bought within a marriage is split 50-50 on divorce. Wife cannot throw you out. In fact, when I divorced, the court ordered the wife out of the house although they awarded her a nominal rent for her share of the property.
Too many foreigners believe they have no rights and lay down and allow themselves to be walked over.

Not exactly true.
The word property is misleading. You can own the house but you cannot own the land.



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True, you don't 'own' the land on paper. However, 50% of the sale value is yours. A court order can be lodged at the land office preventing either party from selling without the other's involvement.

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StevePIraq
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Re: Farang buying a house with a Thai lady

Post by StevePIraq » Fri May 05, 2017 3:15 pm

alanhass wrote:
Thu May 04, 2017 9:23 am
Definitely pays to know your rights. You own 50/50 your house and should something happen you are entitled to half its that simple.
You can 100% own your own house you just can't own the land.
How do you purchase the house without the land?
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Re: Farang buying a house with a Thai lady

Post by handdrummer » Fri May 05, 2017 7:15 pm

the same as you would in the states where the government or private corporation owns the land.

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Re: Farang buying a house with a Thai lady

Post by Bristolian » Sun May 07, 2017 6:18 pm

In the U.K. It was very common to own a house but the land was leasehold, whereby an annual ground rent was paid to the landowner. I think it was in the 70s when the laws were amended to permit a leaseholder to simply buy the land with an agreed formula for calculating the transfer value. Somehow the number of years you had rented was part of the formula, making it less expensive if you had paid ground rent over a long period of time.

Apartment owners in the U.K. will often be tied to a leasehold on the land.
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Re: Farang buying a house with a Thai lady

Post by StevePIraq » Fri Jul 14, 2017 3:52 pm

Actually according to the Thailand Civil and Commercial Code Book V you are entitled to 50% of everything accrued from the date of marriage, so even if you cannot own the land you are still entitled to 50% of it's value. Section 1533 states "The Sin Somres shall be divided equally between man and woman".

Sadly in Thailand it does not seem to be so simple to enforce. I am presently going through this and getting nowhere. If anyone has personal experience of a disputed divorce I would be happy to hear from you via PM not on the open forum.
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Re: Farang buying a house with a Thai lady

Post by buksida » Fri Jul 14, 2017 4:20 pm

I know no help to you but two farangs I know that went through this marriage property process at the courts both lost. It all comes down to the judge and lawyers during the proceedings, whether they are farang friendly or not, and probably what passes beneath tables between them. It is not as easy and clear cut as some on here make out regardless what is written in the law books.

Good luck with it.
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Re: Farang buying a house with a Thai lady

Post by bluelagoon » Sat Jul 15, 2017 12:25 am

The best thing if you plan to get married, is to put the house in the name of a family member before marriage. Thus you live as a guest and in case of a split up, you don't get ripped off.
Nonsense is better then no sense :laugh:

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Re: Farang buying a house with a Thai lady

Post by Pagey » Sat Jul 15, 2017 10:13 am

bluelagoon wrote:
Sat Jul 15, 2017 12:25 am
The best thing if you plan to get married, is to put the house in the name of a family member before marriage. Thus you live as a guest and in case of a split up, you don't get ripped off.
I don't understand that at all. Are you saying instead of putting it in your future wife's name you put it in the name of another member of her family ? Sounds very secure......................... :tsk:
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