Thai wife buying land

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migrant
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Thai wife buying land

Post by migrant »

I know we have covered this before, but wanted to check any up to date info

Mrs M is buying some land in Bangsaphan and to do so will need to transfer funds from here in the states. The money here will be in a joint account with me.

What should we do, not do, watch out for?

Thanks :cheers:
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PeteC
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Re: Thai wife buying land

Post by PeteC »

My two satang, nothing to worry about. I've transferred funds from my accounts in the US to the wife here for the purchase of a multitude of things, land, house, cars etc. The only thing is that if it's the equiv of USD 20K or over, the bank will/may require a statement from you and wife as to what it will be used for. In the past with K Bank I didn't even have to sign these, the wife did it herself after giving the explanation.

When she actually buys the land she may be asked by the Gov office where the funds came from. If from you no problem and you may be asked to sign a statement that you as a foreigner relinquish any interest or claim to the property etc., etc. However, as the money is coming from a foreign account that is in you wife's name also, there may be no forms. Either way it's not a big deal. Pete :cheers:
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Re: Thai wife buying land

Post by StevePIraq »

Let me give my 2 bobs worth. no Satang here.
Last year we bought land in my wife's name. I transferred money from my offshore account to my Thai wife's bank account in HH, no issues at all, I do it all the time.
On transferring the land we along with the seller had to go to the land office where my wife and I both had to sign separate declaration forms declaring that we are married, that I had provided the funds for the purchase and the funds came from my account overseas. Apparently we were the first in HH to have to do this as it was a new ruling, it took from 8am to 3pm to finalize, mostly due to new forms being utilized and no one seemed to understand them. Apart from the time it took and copies of documents we had to provide is was very easy. Why all this was necessary I really do not know.
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Re: Thai wife buying land

Post by migrant »

Thanks Guys!!

Sounds easy enough (except the wait at the land office)
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Re: Thai wife buying land

Post by ExpatJohn »

I found it not that easy and rather lope sided in regards to Land and house. In the end the Thai national will win if there is an issue in value and who gets what and it is maybe worthwhile to just walk away. I just saw a video about land and title in Thailand from Bangkok post and it was a interesting watch and recommended too all on how and what can happen.
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Re: Thai wife buying land

Post by JamesWest »

i saw that video too. i can't find it now. do you have a link?

i think it is must viewing for anyone married to a Thai.
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Re: Thai wife buying land

Post by buksida »

The BS land office may want to see the funds in the woman's account before they sign off - they tend to make up their own rules there and they are ever shifting.
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Re: Thai wife buying land

Post by HHTel »

I have pointed this out before but I'll say it again. In my experience and according to Thai law, assets purchased during a marriage regardless of who paid for it become Sin Som Ros and are split equally upon divorce. This includes land and although the foreigner in the marriage cannot own land, the court is likely to order the land sold and the proceeds split 50 - 50. The paper signed at the land office stating it was the wife's money that was used for the purchase is inadmissible in a court of law. I am living proof of this.
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Re: Thai wife buying land

Post by buksida »

"Thai law" is irrelevant if a land office wants to make its own rules, you'll need a damn good lawyer to accompany you.
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Re: Thai wife buying land

Post by HHTel »

Divorce rules are dictated by law and the courts. The land office has no business in divorce law. The courts are way above the land office. My particular court order is lodged with the land office under the instruction of the court. The land cannot be sold without both of our signatures.
Yes, I have a good lawyer, but I know of a few cases outside of HH where the law was applied successfully. (and with a different lawyer).

I have never had to deal with the land office in this respect. They are bound to do what the court directs.
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Re: Thai wife buying land

Post by caller »

HHTel - I don't think migrant is contemplating divorce, just seeking advice about his wife buying land. Seems like there's some good advice here.
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Re: Thai wife buying land

Post by StevePIraq »

How did this become a divorce topic. Purchasing and registering land is very easy and straight forward.
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Re: Thai wife buying land

Post by migrant »

Guys, yes, just asking about a land purchase. Thanks!

Buksida, does the money need to be there for a certain length of time?
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Re: Thai wife buying land

Post by buksida »

Depends on the direction of the wind, phase of the moon and day of the week. Sometimes we have been asked for bank books, last plot we didn't have to show it - all depends if the top dog wants to give you hassle. To be safe I'd put it in a month before you want to do the transfer.
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Re: Thai wife buying land

Post by migrant »

buksida wrote:Depends on the direction of the wind, phase of the moon and day of the week. Sometimes we have been asked for bank books, last plot we didn't have to show it - all depends if the top dog wants to give you hassle. To be safe I'd put it in a month before you want to do the transfer.
Thanks!
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