Buying Land

[Starman]

Interesting turn of events at the Land Registry Office today.

My wife and I have recently bought a piece of land. Today my wife went with the owner to change the names on the chanote.

The sale part went well and the owner signed all the necessary papers. When it came to my wife's turn, as the purchaser, she was told that she could not transfer the deeds without my signature. She was told that as she is married the forms also require the signature of her "certified spouse". She explained to them that I was happy for her to buy the land in her name only. They said that they still needed my signature. She even explained that I was not Thai, something they said that they already suspected as they had seen my wife's surname.

The reason given was that "  any future sale of the land will also require both signatures."

Looks like a kind of joint ownership.

[binnsy]

For what its worth when we sold the house I had to sign to say that I agreed with the sale.

[Murtle_71]

interesting i was under the believe that as a falang spouse to a Thai female that you needed to sign paperwork stating that you have no entitlement to land that your wife bought.
It would be nice to see the paperwork that you signed

[Nobby]

Looks like a kind of joint ownership. 

FOREIGNERS married to a Thai national can't own land in Thailand, but the land department does allow a Thai national married to a foreigner to own land after a joint statement together with his or her foreign spouse of proof that the money expended on the land is personal property of the Thai spouse . This effectively means that the land (and in practice often land and house and in some cases condominium) is purchased as a personal property of the Thai spouse and not becomes a marital or jointly owned property between husband and wife (Sin Somros). The foreign spouse has therefore no claim to the property and the Thai spouse has the right to sell, mortgage, transfer or exchange the property without consent of the foreign spouse.

[Starman]

Looks like a kind of joint ownership. 

FOREIGNERS married to a Thai national can't own land in Thailand, but the land department does allow a Thai national married to a foreigner to own land after a joint statement together with his or her foreign spouse of proof that the money expended on the land is personal property of the Thai spouse . This effectively means that the land (and in practice often land and house and in some cases condominium) is purchased as a personal property of the Thai spouse and not becomes a marital or jointly owned property between husband and wife (Sin Somros). The foreign spouse has therefore no claim to the property and the Thai spouse has the right to sell, mortgage, transfer or exchange the property without consent of the foreign spouse.

Well cut and pasted from SF....Ivor.

But I tend to believe the horses mouth. I have been told, and I have documents in my hand, that says my wife CANNOT sell the land without my consent.

Amazing how I try to post something of help to others and people decide to quote others to the contrary.

Ivor.... Look at Binnsy's post. Looks black and white to me.

[CO-CO]

interesting i was under the believe that as a falang spouse to a Thai female that you needed to sign paperwork stating that you have no entitlement to land that your wife bought.
It would be nice to see the paperwork that you signed

That requirement was dropped some years back I believe.

[Starman]

There is also a belief that a Thai woman with a "farang" surname cannot buy land.

Blown that load of bollox out of the water too.

[CO-CO]

Looks like a kind of joint ownership. 

FOREIGNERS married to a Thai national can't own land in Thailand, but the land department does allow a Thai national married to a foreigner to own land after a joint statement together with his or her foreign spouse of proof that the money expended on the land is personal property of the Thai spouse . This effectively means that the land (and in practice often land and house and in some cases condominium) is purchased as a personal property of the Thai spouse and not becomes a marital or jointly owned property between husband and wife (Sin Somros). The foreign spouse has therefore no claim to the property and the Thai spouse has the right to sell, mortgage, transfer or exchange the property without consent of the foreign spouse.

Well cut and pasted from SF....Ivor.

But I tend to believe the horses mouth. I have been told, and I have documents in my hand, that says my wife CANNOT sell the land without my consent.

Amazing how I try to post something of help to others and people decide to quote others to the contrary.

Ivor.... Look at Binnsy's post. Looks black and white to me.

Steve - thanks for posting.

As you are aware it is not only the practicalility of what happens that is interesting - but also the reasons/laws/regulations behind it.

As I posted elsewhere, I believe this is more about matrimonial rules than property law. I think Binnsy's example supports that.

[Starman]

Thank You CoCo.

Similar to what I have just posted on the neighbouring forum.

I had a similar problem on another forum where I was quoting a new law and others were quoting "legal" websites.

I was only in the land registry office 6 hours ago speaking to them.

Like i said before, I wasn't and still am not worried. It was the people in the office that decided to tell me what was going on.

[CO-CO]

Thank You CoCo.

Similar to what I have just posted on the neighbouring forum.

I had a similar problem on another forum where I was quoting a new law and others were quoting "legal" websites.

I was only in the land registry office 6 hours ago speaking to them.

Like i said before, I wasn't and still am not worried. It was the people in the office that decided to tell me what was going on.

Thailand is full of contradiction as we all know. It would be rather nice if actions backed up the legal position with some consistency.

Your guy was unequivocal but the fact remains that text such as the following appears everywhere on Thai legal sites:-

The Thai spouse of a foreigner can purchase land but he or she must show there is no foreign claim to the money. While a foreign spouse can give the money to their Thai spouse they will most likely be required to sign a paper at the Land Office stating they make no claim on the money or the land, that it is personal property (Sin Suan Tua) and not common property (Sin Som Rot).

You state that you are not are not concerned but I think that says more about the strength of your relationship than any confidence in the 'legal position'. As we know, different officials next time may say something completely different. Immigration are a good example on inconsistency - not always, but sometimes.

I actually take some encouragement from your situation and Binnsy's comments - it is a logical and sensible approach.

Interestingly, a leading Buriram lawyer recently advised a friend that he would be entitled to a 50/50 split of assets (on a sin somros basis) despite a house have been built and paid for (on family land) BEFORE he actually married. The fact it was built with the intention of them living in it as man and wife brought it under sin somros.

The practicality worked out somewhat different and he would have had to undertake costly legal action to attempt recovery.

[DeputyDavid]

Interestingly enough, when the divorce takes place in home country, (America), the money spent on the land and house is still DEFINATELY joint property, and is used as such in coming to a settlement.  Of course I took a lot less than half of the cost to buy/build, but my retirement was left unscathed.  Pretty fair deal actually.  Interesting article in the BKP regarding Aussie that got taken for a LOT of money.  He is fighting back...IN THAILAND.  I hope it works out for him.   BUYER BEWARE!!

[Speros]

Interestingly enough, when the divorce takes place in home country, (America), the money spent on the land and house is still DEFINATELY joint property, and is used as such in coming to a settlement.  Of course I took a lot less than half of the cost to buy/build, but my retirement was left unscathed.  Pretty fair deal actually.  Interesting article in the BKP regarding Aussie that got taken for a LOT of money.  He is fighting back...IN THAILAND.  I hope it works out for him.   BUYER BEWARE!!

yes read the story....a fool and his money are soon parted

[Bigbus]

For what it's worth bought the land to build the house didn't have to sign nothing. Bought another piece of land for a garden or investment and had to sign because of where the money come from.