Buying a house in Hua Hin

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kirkyboy
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Buying a house in Hua Hin

Post by kirkyboy » Fri Aug 19, 2016 10:22 am

I am looking at buying a house in Hua Hin, I will be putting it in her name and then get an agreement done that if anything should happen, the house will be sold 50/50. Has anyone had this agreement done and what is the cost?
I have been with her for 10 happy years but....... its Thailand and anything can happen, same as anywhere in the world I suppose.

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Re: Buying a house in Hua Hin

Post by Nereus » Fri Aug 19, 2016 10:39 am

Unless it has changed recently, if your wife has your name you will have to sign a disclaimer at the land department to the effect that the money is her own, and you have no claim on it.

If she has her own name stay away from the land department and send her alone. Go to a lawyer and have a contract drawn up to the effect that you have lent her "x" amount of money without any mention of the reason.

AND THEN, have a very clear Will drawn up that that includes the fact that your wife owes you a loan. I have done it this way with my daughter, whom has her own name, drawn up by a big law firm in Bangkok. No question at the land office concerning my daughter.

The inheritance laws in this country may surprise you, so you need good legal advice.
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Re: Buying a house in Hua Hin

Post by HHTel » Fri Aug 19, 2016 11:12 am

If you are legally married, then a divorce results in any assets purchased during the marriage, regardless in whose name, are split 50-50.
The document signed at the land office has no legal standing in court. I signed such a document and it was not allowed in court and the court granted me 50% of everything purchased during marriage.

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buksida
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Re: Buying a house in Hua Hin

Post by buksida » Fri Aug 19, 2016 11:19 am

HHTel wrote:If you are legally married, then a divorce results in any assets purchased during the marriage, regardless in whose name, are split 50-50.
Not strictly true, it depends on the judge, the lawyers, the amount of money passed under the table, the colour of the table, and the direction of the wind on the day you go to court. Nothing is black and white here - the best advice is to write off anything you spend in this country, nothing is guaranteed.
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Re: Buying a house in Hua Hin

Post by HHTel » Fri Aug 19, 2016 11:29 am

I disagree. It's actually law written in the Civil and Commercial Code:

Section 1533. Upon divorce, the Sin Somros shall be divided equally between man and woman.

It doesn't matter whether one party is a foreigner or even from Mars!

Many foreigners seem to think that the law only works for Thais. 'The law is blind!'

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Re: Buying a house in Hua Hin

Post by buksida » Fri Aug 19, 2016 11:30 am

Yes and we know that Thailand and its bureaucrats abide by laws and codes so very strictly and conscientiously. :roll:
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Re: Buying a house in Hua Hin

Post by Name Taken » Fri Aug 19, 2016 11:39 am

buksida wrote:Yes and we know that Thailand and its bureaucrats abide by laws and codes so very strictly and conscientiously. :roll:
:lach: :thumb:

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Re: Buying a house in Hua Hin

Post by Name Taken » Fri Aug 19, 2016 11:40 am

buksida wrote:
HHTel wrote:If you are legally married, then a divorce results in any assets purchased during the marriage, regardless in whose name, are split 50-50.
Not strictly true, it depends on the judge, the lawyers, the amount of money passed under the table, the colour of the table, and the direction of the wind on the day you go to court. Nothing is black and white here - the best advice is to write off anything you spend in this country, nothing is guaranteed.
:agree:

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Re: Buying a house in Hua Hin

Post by HHTel » Fri Aug 19, 2016 11:56 am

Get a lawyer, go through the procedures which includes arbitration and you WILL get a result. I know 3 that have done just that and it worked each time. And in two different provinces. No bribes (that would be a no-no). It takes some time. Arbitration is heavily underlined as a mutual agreement saves court time. But once in court the law is followed to the letter.

That includes me of course. I have a court order that states that proceeds from any sale of land and house is 50% mine. That court order is also lodged with the land office. 'She' can't sell without my involvement.

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Re: Buying a house in Hua Hin

Post by buksida » Fri Aug 19, 2016 12:23 pm

HHTel wrote:I know 3 that have done just that and it worked each time. And in two different provinces.
So your opinion is better than mine then? I know two that have done it and lost the lot - in two different provinces, with different lawyers and different judges. Nothing is black and white here - that's all I'm saying.
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Re: Buying a house in Hua Hin

Post by JW » Fri Aug 19, 2016 12:29 pm

You are very right to protect yourself but have a good lawyer make everything for you, in my humble opinion Chavalit and partners and ex pat pro are the ones to speak to. I imagine your gonna buy land and build, if you want any advice just ask..think we have seen most of the mistakes over the years!

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Re: Buying a house in Hua Hin

Post by Nereus » Fri Aug 19, 2016 12:34 pm

buksida wrote:
HHTel wrote:I know 3 that have done just that and it worked each time. And in two different provinces.
So your opinion is better than mine then? I know two that have done it and lost the lot - in two different provinces, with different lawyers and different judges. Nothing is black and white here - that's all I'm saying.
You can add me to that, Buksi! We have been down this road before, so I am not going to get into it any further, except to say that the results due to divorce, MAY be entirely different to a Thai partner being deceased.
In addition to getting a favorable outcome by the courts, do not assume that it is enforceable!
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Re: Buying a house in Hua Hin

Post by HHTel » Fri Aug 19, 2016 1:03 pm

Well in my experience, I've never come across anyone who has lost out in the courts unless by agreement in the arbitration period. Any lawyer worth his salt will tell you that it doesn't matter whether you're white, brown, yellow or sky blue. The law is the same.

Property unless there is a registered pre-nuptial agreement is bound by law. I'd suggest that those that fell foul of the law have been coerced into signing an agreement. A judge can not change the law. If that was the case he/she would be overuled on appeal.

I've had a friend's wife who passed away recently. As the surviving spouse he inherited the house and land. The difference, being a foreigner and not allowed to own land, he has 365 days to sell such property. In this case he sold it to his young Thai son which, with his son's permission, is allowed to continue to live there. Of course, this is entirely different to divorce.

Suggest you read Section 1530 - 1535. of the Civil and Commercial Code. It is quite clear.

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Re: Buying a house in Hua Hin

Post by buksida » Fri Aug 19, 2016 1:12 pm

You just cant help but argue can you. Your experiences trump everyone elses - we bow to your superior knowledge, prowess and the ability to always be right.
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Re: Buying a house in Hua Hin

Post by kirkyboy » Fri Aug 19, 2016 1:48 pm

Does anybody have a contact email for the lawyer at Macro? I have emailed Chavalit but have not had any luck as yet.

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