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localexpat

Planning to get married need advise re visa/wife's property rights

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20 hours ago, The Fat Controller said:

@problemfarang

 

I see you have corrected your mistakes !

 

no idea what your talking, never mind

20 hours ago, lopburi3 said:

I believe you are mistaken - the land will belong to your wife AFAIK.

 

well my lawyer says different, i can put my name on it, but like i said cant have the full percentage. 51 goes to her so basically its her land but if we sell or else, i get 49 percent of it.

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18 minutes ago, problemfarang said:

 

no idea what your talking, never mind

 

well my lawyer says different, i can put my name on it, but like i said cant have the full percentage. 51 goes to her so basically its her land but if we sell or else, i get 49 percent of it.

It depends who paid for it and/or the asset ownership before marriage. Basically under current law you personally as an alien will never be able to own land.

Edited by userabcd
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14 minutes ago, problemfarang said:

 

no idea what your talking, never mind

 

well my lawyer says different, i can put my name on it, but like i said cant have the full percentage. 51 goes to her so basically its her land but if we sell or else, i get 49 percent of it.

Are you sure that is not a company ownership?  That is often used as a work around to the law that foreigners cannot own land.  But as there are also laws that could negate such an agreement if determined company was set up to avoid that non foreign ownership law it is not 100%.  As said you can inherit property but you must sell within a year.

Edited by lopburi3
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Just now, userabcd said:

It depends who paid for it and/or the asset ownership before marriage. Basically under current law you personally as an alien will never be able to own land.

 

hi,

you paid or not. you can put your name on the land but again as i said 51% is wife's. so yes you dont own the land but you can get money if you have your name on it. OR if your names not there, you can keep the bank transfer info which shows you paid for the land, you can again get some back

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@problemfarang

 

Your edit whilst I was replying removed most of the inaccurate information, deny it if you will, but as I didn't screenshot the rubbish you spouted and now it's gone, you can pretend your original version was 100% correct, LOL !

 

Your lawyer is leading you up the garden path, only a Thai can OWN the land.

 

You can have a usufruct or lease, but that is the only way you can be on any of the paperwork.

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2 minutes ago, lopburi3 said:

Are you sure that is not a company ownership?  That is often used as a work around to the law that foreigners cannot own land.  But as there are also laws that could negate such an agreement if determined company was set up to avoid that non foreign ownership law it is not 100%.  As said you can inherit property but you must sell within a year.

 

hi,

this is what my lawyer told me: The day end of the payment, some ppl from government will come to do some paper work, that day if me and my wife says we want my name on it too than he can put my name BUT 51% goes to wife. So yes land is not mine but i can get some money from the land if things go bad.

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3 minutes ago, The Fat Controller said:

@problemfarang

 

Your edit whilst I was replying removed most of the inaccurate information, deny it if you will, but as I didn't screenshot the rubbish you spouted and now it's gone, you can pretend your original version was 100% correct, LOL !

 

Your lawyer is leading you up the garden path, only a Thai can OWN the land.

 

You can have a usufruct or lease, but that is the only way you can be on any of the paperwork.

 

well, maybe you should read better than caring grammar. I said 51% goes to wife. Ohh if your talking about that, yes your right. i forgot to mention that.

dont worry im not a kid and not deny anything i said or write. Also.. you could try to be more.. calm down. thanks

FYI: my friend did the same thing.. i think 2-3 years ago. and thats how it is.

Edited by problemfarang
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@localexpat

 

Sorry your thread has got a bit derailed by the bickering over this land issue.

 

However, marrying will but you in a position to inherit, make sure you both have wills !

 

All the best for the future.

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23 hours ago, overherebc said:

The will is written and if she dies before me I can stay as long as I want to in the house although I've heard, but don't know 100%, that only means in reality 1 year then it should be sold.

That last point I would like clarified.

The law says that the land needs to be sold/passed on to a Thai national within 1 year, though some people say that is 1 year from the grant of probate.
 

However the house does not need to be sold, you can retain ownership. This then is a little more complicated, a lease or Usufruct can make things a little less complicated.

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10 minutes ago, sometimewoodworker said:

The law says that the land needs to be sold/passed on to a Thai national within 1 year, though some people say that is 1 year from the grant of probate.
 

However the house does not need to be sold, you can retain ownership. This then is a little more complicated, a lease or Usufruct can make things a little less complicated.

None of it really matters to us as we plan to move to uk in the next 12 months or so. Then it will most likely be 6/6 or 9/3 months-ish UK/TH after that. I was only asking about a point of Thai law on wife dying before husband.

 

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3 hours ago, problemfarang said:

 

hi,

you paid or not. you can put your name on the land but again as i said 51% is wife's. so yes you dont own the land but you can get money if you have your name on it. OR if your names not there, you can keep the bank transfer info which shows you paid for the land, you can again get some back

The only way you will get anything back is if you get divorced and when signing the divorce papers you agree terms on how things will be split.

If your wife dies before you and the land car etc is in her name her nearest relative will get all unless you can agree differently.

I would ask another lawyer and I still wouldn't trust him/her.

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10 minutes ago, overherebc said:

If your wife dies before you and the land car etc is in her name her nearest relative will get all unless you can agree differently.

As said above 50% goes to spouse if there are other living relatives - the other 50% split as outlined.  

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19 minutes ago, overherebc said:

The only way you will get anything back is if you get divorced and when signing the divorce papers you agree terms on how things will be split.

If your wife dies before you and the land car etc is in her name her nearest relative will get all unless you can agree differently.

I would ask another lawyer and I still wouldn't trust him/her.

That is not correct for assets acquired during marriage. Without a will It doesn’t matter who’s name is on the ownership documents, the surviving spouse still has a claim on a percentage. See the intestacy law referenced above.

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46 minutes ago, sometimewoodworker said:

That is not correct for assets acquired during marriage. Without a will It doesn’t matter who’s name is on the ownership documents, the surviving spouse still has a claim on a percentage. See the intestacy law referenced above.

And if it ends up in a court battle how long do you think that will take and how much will it cost?

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