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Forum Regular
Picture of Ivan
Posted
My wife is in LOS at the moment and tried to buy some property. Unfortunately because she is married to a farlang the solicitors wanted me to sign something otherwise the transfer of property could not go through.

Out of interest does any one know what they wanted me to sign, maybe declaration that I have "no interest" in the property ?

Not a problem as such as she got her daughter to buy instead. Just curious.
 
Posts: 200 | Location: Berkshire | Registered: 19 January 2003Reply With QuoteEdit or Delete MessageReport This Post
Engine Room
Picture of maokaang
Posted Hide Post
Hi Ivan

Pretty much as you've stated it seems ...

The following is taken from http://www.siam-legal.com/ps_buyland.html

(Text below has been edited in an attempt to improve on the incredibly poor grammar)
quote:
In 1999, Thai property law, concerning a Thai whose spouse is foreign, has been amended in favour of a Thai with a foreign spouse. Such couples may now legally purchase land in Thailand. However, the land must be registered in the name of the Thai. Also, the foreign spouse must sign a declaration stating that the funds used to buy the land are those of the Thai spouse, such that the foreign spouse waives his/her right to ownership of the land.


Paul พอล

เข้าเมืองตาหลิ่วต้องหลิ่วตาตาม
 
Posts: 4858 | Location: เมืองขอนแก่น ประเทศไทย | Registered: 10 September 2002Reply With QuoteEdit or Delete MessageReport This Post
Rambling Tramps
Picture of Tony & Apple
Posted Hide Post
quote:
Also, the foreign spouse must sign a declaration stating that the funds used to buy the land are those of the Thai spouse, such that the foreign spouse waives his/her right to ownership of the land.


can the land be purchased first and then at a later date the foreign spouse signs the declaration.


แอนโธนี่
 
Posts: 1899 | Location: North London | Registered: 05 October 2002Reply With QuoteEdit or Delete MessageReport This Post
Forum Regular
Picture of Ivan
Posted Hide Post
Thanks for the answer Paul.

Tony & Apple,
According to my wife her daughter can sign the house over to her at a later date as long as I am there to sign the papers.

But knowing Thailand I expect there would be other complications Wink
 
Posts: 200 | Location: Berkshire | Registered: 19 January 2003Reply With QuoteEdit or Delete MessageReport This Post
Rambling Tramps
Picture of Tony & Apple
Posted Hide Post
thanks ivan

but my question was about a wife buying land and then at a later date the foreign husband signing the papers

anyone have any ideas on this?


แอนโธนี่
 
Posts: 1899 | Location: North London | Registered: 05 October 2002Reply With QuoteEdit or Delete MessageReport This Post
ปีศาจน้อย & Forum Dinosaur
Picture of Thaddeus
Posted Hide Post
quote:

can the land be purchased first and then at a later date the foreign spouse signs the declaration.


Yes, but the Chanote may stay at the land registry office until you do..... it's at their discretion.

The only time you signing away your rights becomes important is when you want to lease back the land from your wife, before then, where the money came from doesn't really matter.



If you require marijuana..... press the hash key.
 
Posts: 6568 | Location: Bangkok to Buriram and hang a right. | Registered: 20 April 2003Reply With QuoteEdit or Delete MessageReport This Post
Boo
Occasional member
Posted Hide Post
this may be a really stupid question but does anyone know if the foreign wife of a thai man has to sign this document too when property/land is purchased??
 
Posts: 266 | Location: London/Khon Kaen | Registered: 30 June 2003Reply With QuoteEdit or Delete MessageReport This Post
Moderator
Picture of Tobias
Posted Hide Post
quote:
Originally posted by Thaddeus:
...The only time you signing away your rights becomes important is when you want to lease back the land from your wife, before then, where the money came from doesn't really matter.
That may (or may not, I don't know) be true under Thai law, however, under English law, on divorce or when dealing with an Intestate Estate or other disposition under a Will or some other device this could cause untold difficulties on succession or reversion.

Great care, and proper consideration, has to be given to this - whilst signing away might just do that under Thai law, it will not necessarily give way to tax liability or other 'ownership' considerations in the UK. Caution, caution, caution! There is potential for 'double jeopardy' here.



Tobias - โทเบียส
 
Posts: 7061 | Location: St Helens | Registered: 21 June 2003Reply With QuoteEdit or Delete MessageReport This Post
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