Chanote: Joint Ownership Possible?

[doontp]

Is it possible to have more than one person listed as owner on a chanote? joint ownership of land.

Someone told me only one person can be listed as owner of land. This doesn't seem right.

[Naroge]

Yes, it is possible. I have seen Chanotes with several owners listed.

[doontp]

Yes, it is possible. I have seen Chanotes with several owners listed.

thanks. that's what I figured.

Moderator....feel free to close this thread.

[Delight]

Yes, it is possible. I have seen Chanotes with several owners listed.

Just out of curiosity -have you seen chanotes where those listed are both Thai nationals and foreigners?

[Gerald14]

A foreigner can not be listed on the Chanote whether with a Thai or stand alone

[BobHG46]

Foreigners can be listed on chanotes. My condo is registered to my ex-wife and myself, both foreigners.

Divorce can cause serious problems, especially when the departing partner remarries and changes name. My ex was kind enough to fly to Thailand so that the Land Office could see that she was willing to sell the property. At one point in the transfer of ownership, the owner(s) appear before the Land Office official to confirm that they're willing to sell the property for a certain amount of money and that no coercion is involved in the transfer, hence the necessity for the presence of the co-owner at the sale. Things become far easier if the owners are Thai nationals, which they would have to be in the case of land ownership.

There are also problems after a divorce transferring portions of a property to the other co-owner. Before a divorce, it is an easy matter, but after a divorce, it is deemed to be a sale and a sales tax has to be paid.

Having a property owned by one owner is much easier to deal with, if the owner can be trusted not to sell the property without sharing the proceeds with the other co-owner.

Foreigners cannot own Thai land without investing a serious amount of money in Thailand.

[Mario2008]

That is a condo and a diffrent situation.

A foreigner can not own land in Thailand, even when investing a serious amount of money. You can inherit it, but have to sell it quickly.

[Gerald14]

Of course foreigners can be listed on a chanote for a condo because a foreigner can also own a condo. May I was not clear in my statement but I was referring to a house and land. A foreigner can not be listed on this document

[thaicbr]

Of course foreigners can be listed on a chanote for a condo because a foreigner can also own a condo. May I was not clear in my statement but I was referring to a house and land. A foreigner can not be listed on this document

So two Thais can be. Correct?

Sent from my i-mobile i-STYLE Q6

[bobbyd1]

Yes, Two Thai's can be on Chanote. It is good idea if one dies, you do not have to worry about house/land going to the remaining spouse if only one name.

[oneday]

My GF thought it was not possible when I asked her to get both her father's name and hers on a chanote, but she found out it could be done and it was done. I asked her to do this because she bought the land for him and I wanted no problems if either of them died (more specifically if something happened to him), rather than dealing with a Will.

[quiksilva]

Yes there is no limit to the number of owners that can listed on a chanode. I have seen some that have whole families listed on them. Its a nightmare scenario for agents, as getting consensus to sell in those situations can be nigh on impossible.

[cheeryble]

My GF thought it was not possible when I asked her to get both her father's name and hers on a chanote, but she found out it could be done and it was done. I asked her to do this because she bought the land for him and I wanted no problems if either of them died (more specifically if something happened to him), rather than dealing with a Will.

Perhaps you're not.....but I don't think you can assume if one dies the other takes over full ownership.

I think it would have to be heirs to the deceased forming an orderly queue as normal.

Edited May 9, 2013 by cheeryble

[Paul888]

My GF thought it was not possible when I asked her to get both her father's name and hers on a chanote, but she found out it could be done and it was done. I asked her to do this because she bought the land for him and I wanted no problems if either of them died (more specifically if something happened to him), rather than dealing with a Will.

Perhaps you're not.....but I don't think you can assume if one dies the other takes over full ownership.

I think it would have to be heirs to the deceased forming an orderly queue as normal.

I think cheerybie makes a valid point there. Just because party 1 dies, it doesn't necessarily follow that party 2 will automatically become full owner.....unless there is specific provision for it somewhere.......like for example in a will.

If the deceased doesn't leave a will and has any family, there could be problems.

[kotsak]

Inheritance order following Thai law:

1. descendants
2. parents
3. brothers and sisters of full blood
4. brothers and sisters of half blood
5. grandparents
6. uncles and aunts
7. The surviving spouse is a statutory heir, subject to the special provisions of Section 1635 Civil and Commercial Code.

[sanuk711]

This seems to cut out short with page 2 missing---so what is the answer ? as I have a large piece of land I would like to have in my wife & 3 daughters names as owners.;

[rak sa_ngop]

On 5/9/2013 at 10:58 AM, cheeryble said:

Perhaps you're not.....but I don't think you can assume if one dies the other takes over full ownership.

I think it would have to be heirs to the deceased forming an orderly queue as normal.

This was raised in another thread regarding joint ownership. Joint ownership means that both parties own 100 pc jointly so if one part dies the other party still retains 100 pc.

 

Quote

was curious about your request for information.

So I sought an opinion from a lawyer on the net

The opinion is:

For the land office and the condo act they do not each own 50% of the unit but each is entitled to 100% ownership. Their relation as co-owners is governed by the sections governing co-ownership in the civil code. So if one dies the other co-owner should be entitled to full ownership without having to comply again with section 19 of the condo act (fet form). The other owner must of course be entitled to the other half based on, for example ,a last will and having followed the correct procedure . Also being able to show the correct documents to remove the name of the  deceased from the deed. Some transfer fees and taxes would probably apply.

 

Just to stress -this is only an opinion and not verified

 

This may help.

 

 

 

This is reply taken from the following thread:

 

If both parties own 100 pc maybe it is possible for one party to sell the property without the permission of the other....not sure!