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BANGKOK 23 July 2019 19:23
stapoz

Buy a house when married = no control over it?

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 The simple solution is to buy a house via company.
If this company is set up correctly ,then you will have 100% of the voting rights and 100% control. Even if you gave your wife say 25% .....

  Some say buying thru a  company is dangerous. You are on your own with that one.
 
 


I think this law changed but not a 100% sure. The managing director of a Thai limited company must be a Thai now as well. So no more “100%” control.
Which you never had anyway if you do have a crooked lawyer. Just to close such a company later on if not needed anymore can cost you somewhere between 50-100K. Up to your lawyer. So choose wisely.

I’m legally married to a Thai and we bought a house a few years back together (50/50) for us and our son.
In case we would divorce and we had to sell the house both of us would get 50% of the sales price.
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4 minutes ago, siamcrut said:

 


I think this law changed but not a 100% sure. The managing director of a Thai limited company must be a Thai now as well. So no more “100%” control.
 

 

 The whole point of buying via a company is that the foreigner has 100% control

You are typical of 'fear spreaders'

Plenty of negative statements.

Not one ounce of actual evidence.

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Go ahead and get your divorce now...stop planning for it...then things will get much clearer for you...

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The more assets you have in your wife's name ... the more expendable you become. Only buy if it represents a small fraction of your wealth.

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Nothing is illegal if setup correctly when it comes to holding structures, preference shares and usufruct. 

 

All that is backed by thai law and multiple decisions in the Supreme court. 

 

There are multiple things that are illegal as having a nominee structure, a company that just exists to own land... But all these things can be done correctly and every big company is either using that or a BOI. 

 

Usufructs have also been challenged in supreme court multiple times and it was ruled they are totally legitimate and can be issued for lifetime to foreigners. 

 

There's a lot of half truths and just factually wrong infornation in here. 

 

BUT none of this helps if you are married already - especially without a prenuptial agreement. 

 

All your company shares and your wifes will be owned by both of you and so is the usufruct, the usufruct could even be cancelled if you are married already. 

 

 

You are out of luck if married if you want to protect your after marriage assets from your wife imo. 

 

 

 

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7 hours ago, Pravda said:

 

There is however plenty of evidence where foreigners got their properties stolen through crooked lawyer signatures and scummy wives. The government probably doesn't care if you use the company and they will care even less when you get skinned alive.

 

Many such stories on Thai Visa with no follow-up. Go ahead, be a dummy 🙂

 

 

 

 

 

 Fraud ,as you descibe ,is ,I am sure a feature of Thai life. A feature of life everywhere.

My point was in response to the statement that the 100% control was now illegal.

I was seeking evidence that this is  now legally the case.

 

It has certainly been the case that Lawyers with Notary authority have witnessed  fraudulent signatures-then verified their authenticity.

Buyer beware

 

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On 2/16/2019 at 4:28 PM, Peterw42 said:

Married or not doesn't make much difference as to having control over land. You cant own land. The best you can do is own less than half of a non-trading company that owns the land. There are some limited controls over ongoing access to the land and stopping the 51% Thai owner from selling/mortgaging the company or land.

Unless you want to buy a Condo, you cannot own a house, much less have 100% control over it.

Agreed, that is the best way to do it.  I am the largest shareholder in our company, that is I hold 48% of the shares, but not the majority shareholder, my wife and daughter each share the other 52%.  In our company Articles of Association, no decision can be made by the other two unless I agree, such as selling shares or assets.  That's as close to full ownership as you can get in Thailand. 

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OP can own the house legally. No issue whatsoever. Just go to the land office and get it registered under your name.

 

Land will remain in your wife's name as well as ownership of the land.

 

Land and house are two separate things.

Edited by bbz404
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