Thai Divorce

[kdc1899 1]

If you marry a Thai girl and purchase property and eventually divorce, who gets the property?

Is everything half like in the U.S.?

Can a foriegner who owns property via the Thai/Falang union retain the property when he is a divorced falang?

 

Widowed falang?

 

Any other info related to property aquired via the falang/thai girl marriage that I have not asked would be appreciated.

 

Thanks

[ting_tong 63]

I have the info on another hard drive, and I cant retrive it, but here it goes:

Buy the land in her name, go to the land office, and have a 30 year lease made up and make sure its stamped on the back of the land title and documented.

The Thai can not sell, make loans against the property.

 

If you last longer than 30years, then you are a lucky soul. The 30 year lease is extendable.

 

search the Thaivisa board for this info, it is correct.

[elef 0]

A farang can never own land. I've seen a farang name on a land paper after paying a big bribe - it's not legal and worthless. The only way to own land is to become a thai citizen and that takes a long time.

 

A safe way is you have children who are thai citizens - combine it with a registered lease contract with an option to renew it. If the lease contract is not registered it's just legal 3 years.

[elef 0]

I expect that soon some will bring up companies and other smart solutions - read this thread from an other board and especially Gadfly1s posts.

[Gary 4,119]

I have the info on another hard drive, and I cant retrive it, but here it goes:

Buy the land in her name, go to the land office, and have a 30 year lease made up and make sure its stamped on the back of the land title and documented.

The Thai can not sell, make loans against the property.

 

If you last longer than 30years, then you are a lucky soul. The 30 year lease is extendable.

 

search the Thaivisa board for this info, it is correct.

The 30 year lease must be recorded at the local Amphur. They will NOT register it for more than 30 years. It is renewable ONLY at the option of the land owner. After 30 years what chance is there that the land owner will renew it without you paying for another lease at whatever price he asks?

 

A lot of guys have all kinds of expensive paperwork drawn up to protect them and fail to really think about it. What are the chances of you wanting to live all alone in a house on leased ground that is more than likely out in the boonies some where.

 

The best advice and the only legal option you have to freehold is a condo. The very best advice is to not spend more money than you can afford to walk away from.

[ting_tong 63]

I think I will be dead in 30 years, so mai pen rai! mai sai mai son!

[fi33er 1]

i want to purchase a house later on this year i will definitely be getting a mortgage for the longest term possible with the smallest deposit i was fucked over by my ex-wife (welsh) so that has left a bitter taste in my mouth and i will find it very hard to trust another woman 100% from anywhere in the world. it will be all in my tgf name but if i'm not with her i don't pay the mortgage simple as..

[kdc1899 1]

i want to purchase a house later on this year i will definitely be getting a mortgage for the longest term possible with the smallest deposit i was fucked over by my ex-wife (welsh) so that has left a bitter taste in my mouth and i will find it very hard to trust another woman 100% from anywhere in the world. it will be all in my tgf name but if i'm not with her i don't pay the mortgage simple as..

 

If she makes enough $ to qualify for a mortgage why does she need your money?

 

 

This will be your mortgage, correct?

[carpediem 0]

To widen the original question, does a thai live-in acquire any rights simply by stating/proving she has lived there in a supposedly 'serious' relationship - when you try to get her out?

 

I was stung in this way in England when a girl friend (with whom I did have a serious relationship) got a lien on my flat AND without my being informed of this fact by the land registry.

 

And if not, is it a simple matter of having her 'thrown out' by security if she makes a scene, or does she acquire 'reasonable' rights of some sort for vacating?

[carpediem 0]

Sorry, I should have clarified that this would be a situation where the property is not in any way bought in her name (eg a condo).

 

cd

[fi33er 1]

 

If she makes enough $ to qualify for a mortgage why does she need your money?

 

 

This will be your mortgage, correct?

not sure where i mentioned her salary or her savings ($0.00), in all of that

 

 

 

it will be a mortgage in her name that i will help pay for, as i said before if i'm not with her then i won't be paying it.

[Gary 4,119]

To get a bank mortgage here the person must have a legitimate job and work history. They must be able to prove they can make the payments and must also have a substantial down payment.

 

As I said before the only SAFE way is to buy a condo in your name and if you are planning to get legally married you MUST buy it before you do the deed. If you buy a condo AFTER you are married it will belong to both of you. If you buy a house after you are married the same rule applies BUT since you are not able to own property she will get it all.

 

A lot of guys spend a lot of money to set up bogus companies, pay an accountant to take care of the annual tax returns and pay the taxes. A legal Thai company is for a legitimate for profit business and NOT for the purpose of owning property. Thousands of guys own houses this way but it is NOT legal and when some Thai politician gets a hard on for the farangs the whole scheme could come apart.

 

I too have bought property here that I cannot own. If worse comes to worse I'll walk away from it because I have no other choice. Naturally I wouldn't want to walk away from it but since my life at least financially wouldn't be affected I would have to do it.

[kdc1899 1]

not sure where i mentioned her salary or her savings ($0.00), in all of that

 

 

 

it will be a mortgage in her name that i will help pay for, as i said before if i'm not with her then i won't be paying it.

If she has the long term documented income and proper credit history to qualify for a mortgage she will have a mortgage in her name.

[kdc1899 1]

To widen the original question, does a thai live-in acquire any rights simply by stating/proving she has lived there in a supposedly 'serious' relationship - when you try to get her out?

 

I was stung in this way in England when a girl friend (with whom I did have a serious relationship) got a lien on my flat AND without my being informed of this fact by the land registry.

 

And if not, is it a simple matter of having her 'thrown out' by security if she makes a scene, or does she acquire 'reasonable' rights of some sort for vacating?

Good question.

 

Does Thailand recogize common law wife?

[kdc1899 1]

To get a bank mortgage here the person must have a legitimate job and work history. They must be able to prove they can make the payments and must also have a substantial down payment.

 

As I said before the only SAFE way is to buy a condo in your name and if you are planning to get legally married you MUST buy it before you do the deed. If you buy a condo AFTER you are married it will belong to both of you. If you buy a house after you are married the same rule applies BUT since you are not able to own property she will get it all.

 

A lot of guys spend a lot of money to set up bogus companies, pay an accountant to take care of the annual tax returns and pay the taxes. A legal Thai company is for a legitimate for profit business and NOT for the purpose of owning property. Thousands of guys own houses this way but it is NOT legal and when some Thai politician gets a hard on for the farangs the whole scheme could come apart.

 

I too have bought property here that I cannot own. If worse comes to worse I'll walk away from it because I have no other choice. Naturally I wouldn't want to walk away from it but since my life at least financially wouldn't be affected I would have to do it.

So if you open a beer bar or do any business that is for profit then that business can purchase land and property and have 100% ownership of businesses assets regardless of business owners nationality?

[elef 0]

Property yes, land no is the simple fact. Be careful if you build a house on the land which is registered on TGF/TW with a registered lease contract for 30 years. If the building isn't registered as your property, something interesting will happen after a divorce - you lease the land but have no right to stay in the house.

[elef 0]

To clarify the company solution I copy a whole post by Gadfly1 from the other board which I posted a link to above:

 

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Quote:

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Why not set up a company and buy the property in the company's name?

 

Even if you are a minority shareholder in your own company but you appoint yourself the Gammagaan and Boorihaan you have all the control of the company and your wife will have none.

 

 

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There are risks with every structure. I actually prefer this method, but here are the problems:

 

1. Thai property law provides that if a Thai acts as a nominee to allow a foreignor, both the Thai and foreignor have committed a criminal act subject to imprisonement and the Land Department can force a sale of the property. If the Thai holder of preference shares - presumably with reduced voting rights - doesn't pay for her shares and you are the subject of a Land Department investigation, you could have problems. There are reports that several Farangs were givin the choice of going to prison or allowing themselves to be deported for violating these restrictions on land ownership and they lost their land. In at least one manner where I know the Farang, we are talking about an invesment in the area of US$500,000. Not fun.

 

2. Pre-signing a share transfer deed in blank is illegal. In his first round with the Constitutional Court, Thaksin got called on this. He got away with it, but will you?

 

3. If you have a company, you have the hassle of company filings. This is the land of red-tape.

 

4. But it doesn't stop with the Ministry of Commerce. If you have a company, the Revenue Department will insist that you start paying taxes after several years.

 

There is no ideal solution. Just less worse solutions until Thailand adopts more realistic rules on land ownership. Don't hold your breathe.

[kdc1899 1]

" There is no ideal solution. Just less worse solutions "

 

 

 

 

I want land on the Mekong.

Maybe Cambodia, Laos or Vietnam.

 

Thanks

 

 

[carpediem 0]

But in the case of sole foreign ownership of a condo you have - legally speaking - a clean bill of health? That's what I wantto buy anyway. Phew, that's lucky!

[fi33er 1]

If she has the long term documented income and proper credit history to qualify for a mortgage she will have a mortgage in her name.

she will have the mortgage in her name she has the proper documented work history with income but does not have the 100,000 baht it takes to sign up for a new house, when buying a new house you have to deposit several payments over a period of time (4months while the house is being built) then approach the bank for a mortgage and they send a valuer to the property and then they will say yes/no.

[elef 0]

Yet another property thread.