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dallen52

Tabien Baan and house ownership.

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Posted (edited)

I did a quick search for information about this, but did not find the answer. 

 

My wife's family are based in Buriram province.

The house is in land that is still in the deceased fathers name.

The existing house was dismantled and we totally rebuilt it about 4 years ago. 

Ground up, extra rooms, more bathrooms, new roof line.

Regulation electrical. 

All paid for by yours truly. 

 

The land upon the mother passing will be left to my wife and her brother and sister.

The sister occupies the house with the mother.

 

Now for the fun parts.

The new built house resides on the part of the land the sister wants.

The rear part of the land is her brothers piece. 

My wife looks like getting the middle part. (No road access).

The mother is on her last legs so to put it.

 

The sister has the blue book and the title paperwork. 

Un transferred. 

Only I have the funds to do it. 

 

Obviously it was not known to me at the time, or I would not have proceeded with the building. 

 

Originally the plans were to live there, but a falling out with the sister happened.

 

 

I'm trying to learn more about the whole process. 

 

I understand that the blue book relates to the place a person resides, not the physical house. 

 

Constructive advice appreciated...

 

Edited by dallen52
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I did a quick search for information about this, but did not find the answer. 
 
My wife's family are based in Buriram province.
The house is in land that is still in the deceased fathers name.
The existing house was dismantled and we totally rebuilt it about 4 years ago. 
Ground up, extra rooms, more bathrooms, new roof line.
Regulation electrical. 
All paid for by yours truly. 
 
The land upon the mother passing will be left to my wife and her brother and sister.
The sister occupies the house with the mother.
 
Now for the fun parts.
The new built house resides on the part of the land the sister wants.
The rear part of the land is her brothers piece. 
My wife looks like getting the middle part. (No road access).
The mother is on her last legs so to put it.
 
The sister has the blue book and the title paperwork. 
Un transferred. 
Only I have the funds to do it. 
 
Obviously it was not known to me at the time, or I would not have proceeded with the building. 
 
Originally the plans were to live there, but a falling out with the sister happened.
 
 
I'm trying to learn more about the whole process. 
 
I understand that the blue book relates to the place a person resides, not the physical house. 
 
Constructive advice appreciated...
 

I was in a similar situation 10 years ago.
I could not imagine living anywhere near to people who will upset my life, so I walked away and started again.
I would suggest that you consider doing the same. IF you like the area, just move about 100k away and you can then still visit whenever.


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23 minutes ago, dallen52 said:

I understand that the blue book relates to the place a person resides, not the physical house. 

The blue book relates to the physical house, it records who is living in this house. It does not show ownership.

The "chanote" tells you who the owner is.

 

I don't know where they draw the line between "new house" and "renovation", but you say "The existing house was dismantled and we totally rebuilt it about 4 years ago. Ground up, extra rooms, more bathrooms, new roof line", this sounds like a new house to me and not just a renovation. Did you get a building permit for this? At first i would check if the house, as it currently is, is even legal.

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You have already seen what the sister is like. Is the land divided, has MIL a last will and testament...who has decided who gets what?

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2 hours ago, DILLIGAD said:


I was in a similar situation 10 years ago.
I could not imagine living anywhere near to people who will upset my life, so I walked away and started again.
I would suggest that you consider doing the same. IF you like the area, just move about 100k away and you can then still visit whenever.


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We have already purchased 1.5 rai from a relative.

The rebuild is slowly but surely decomposing.

 

It was nasty.

The plan was to all live there. 

The sister was even given a few baht by me each month. 

The mother and this sister look on it as the sinsod.

Her son was also going to live there after his military service. 

Something in the Thai brain snapped and they all fell out.

12 rooms and 2 people are living there.

WRT family ties.

Once her mother passes, that's it.

Apparently the father had a second wife, so all sorts of implications may surface regarding the land..

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1 hour ago, jackdd said:

The blue book relates to the physical house, it records who is living in this house. It does not show ownership.

The "chanote" tells you who the owner is.

 

I don't know where they draw the line between "new house" and "renovation", but you say "The existing house was dismantled and we totally rebuilt it about 4 years ago. Ground up, extra rooms, more bathrooms, new roof line", this sounds like a new house to me and not just a renovation. Did you get a building permit for this? At first i would check if the house, as it currently is, is even legal.

Would not be legal, in a rural village. 

Just like many others are.

I provided the plans and computation information. 

Paid for the materials and labour. 

They did the translation to Thai built. LOL.

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Since the father left no will it falls under Section 1629 and 1635 of Civil and Commercial Code Book 6 which pertains to division of estate between statutory heirs.  The wife he was legally married to at time of death receives equal share with his descendants.  If only three children then wife and three children would each receive 25 percent shares.  You mention a second wife but it comes down to who was legally married to him at time of death?

 

If you wait until the legal wife dies before going to court then fathers descendants share equally.  This means each child gets one third.

 

I would certainly talk with lawyer to get accurate legal advice before you proceed.

 

Also keep records to prove money trail for construction of house for when you go to court.  They might come in handy if family cannot decide who gets what and the court is forced to make the decision.

 

If you can afford the loss I would walk away from what might become a bad situation and certainly not live close as someone suggested.

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Posted (edited)

It almost sounds like the sister is trying to get a "free" house out of you. Unless you can somehow move the house thats already built over a little.  If not, you need to build another one for you and your wife.  It almost sounds too convenient.  I am starting to become of the strong opinion that foreigners should not build houses or legally marry in Thailand.  Buddha village weddings are enough for them, and should be enough for us.  I agree, if you get squeezed out of there, I would consider moving a few hours away.  Whenever they ask for money, remind them that they threw you out of the house you built, and to have a nice life.

Edited by SenorJorge
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On 8/24/2019 at 12:20 PM, dallen52 said:

We have already purchased 1.5 rai from a relative.

Never like hearing this ,,,,,,,,,,it only happens when there is a ferang around,,,,Thai relatives don’t generally sell land they own to another family member.

this story has it all there to lead to huge disasters ,built home for family,giving sister monthly money,bought land of another family member,,,,,,why oh why oh why.,,,,,I would be very careful unless your really rich  and don’t care are you not thinking that it’s all just about your money.

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