how to own the house

Legal issues related to buying land, houses, condos in the LOS. Anything about contracts. Finance related, such as getting a mortgage, buying property from the bank, etc.

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how to own the house

Postby windjammer » Sat Jun 05, 2010 7:29 am

My thai wife owns the land that i build the house on and now that we just finished the house I would like to put the house in my name.
Is this possible and what kind of documents I will get to show that I am the owner of the house.
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Re: how to own the house

Postby dozer » Sat Jun 05, 2010 10:57 am

Attila can best explain the procedure for doing this, I will send him an PM now and ask him to comment on this thread.
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Re: how to own the house

Postby Attila » Sat Jun 05, 2010 8:59 pm

Hi Windjammer,

did you request a building permit, and if yes, whose name is it in, yours or your wife's?

Did you contract a construction company to build the house, and if yes, who signed the contract, you or your wife?

Depending on your answers the procedure is different.
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Re: how to own the house

Postby windjammer » Sun Jun 06, 2010 7:24 am

I live on Koh Tao , no building permits needed there. I did use a builder but there never was a contract.
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Re: how to own the house

Postby Attila » Sun Jun 06, 2010 9:50 am

Well, the fact that most people build without a building permit does not automatically make it legal. I would expect Koh Tao to have quite clear regulations what can be built and where.

But let's start with the land, you say that your wife owns the land,but does she? Does she have a chanote or another valid title deed?

Once you have that go with your wife to your local amphoe and ask to register the house as yours. Usually you would show there that the building permit and the contract with the construction company is in your name, not your wifes.

Another issue is that you might need something to show that you had been entitled to build there, such as a leasing contract for the land, or a usufruct.

However with you building in an area, where you don't even need a building permit, the guys at the amphoe might not know what to do.

Usually it is easy to get the house in your name, if you have at least the building permit in your name. If not, they officers there might require that the land owner sells you the house, which could get difficult because the land owner is your wife.

Whatever the amphoe guys say, if as a result you get the blue house book in your name (as house owner, but not with you listed in it as living there, of course), then you own the house. Assuming that you live there, ask for the yellow book (with you farang listed in it as living there) too, while you're talking with the guys there anyway.

Good luck.
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Re: how to own the house

Postby thaifly » Mon Jun 07, 2010 7:01 am

windjammer wrote:Is this possible and what kind of documents I will get to show that I am the owner of the house.

its a gidday to windjammer..its the thai fly from mae rim...if u go the 30 year lease route. it maybe possible that .you can have rider clauses attached to this document..to cover the above... and...what ever you may desire ...please seek a GOOD LAWYER.. to see if it is possible to execute your requests....where costs are minimal amount..if you go over the posts here on C.T.H. on this matter there are more turns and corners then the loop road of C/MAI..PAI..MAE HONGSON..C/MAI...and from my memory.. none are qualified in this feild ... including myself....its a GET YOURSELF A LAWYER GIDDAY TO ALL..its the thai fly from mae rim
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Re: how to own the house

Postby setaputra » Thu Jun 09, 2011 11:51 am

<flamish remark to ex-member who cannot therefore respond removed - mod>

attila knows what he is talking about
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Re: how to own the house

Postby Shastadad » Fri Jun 10, 2011 9:08 pm

Just remember that even if you get it in your name she is entitled to 50% of the value if the marriage goes bad, even with a leasing contract for the land, or a usufruct

If she owned the land before the marriage then you are only entitled to 50% of the house

Strange that a country that does not recognize "common law marriage" recognizes the concept of "community property "

You might want to review this topic here:

Building Permit for a private house

viewtopic.php?f=6&t=1004
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Re: how to own the house

Postby setaputra » Sat Jun 11, 2011 8:00 am

thaifly wrote:
windjammer wrote:Is this possible and what kind of documents I will get to show that I am the owner of the house.

its a gidday to windjammer..its the thai fly from mae rim...if u go the 30 year lease route. it maybe possible that .you can have rider clauses attached to this document..to cover the above... and...what ever you may desire ...please seek a GOOD LAWYER.. to see if it is possible to execute your requests....where costs are minimal amount..if you go over the posts here on C.T.H. on this matter there are more turns and corners then the loop road of C/MAI..PAI..MAE HONGSON..C/MAI...and from my memory.. none are qualified in this feild ... including myself....its a GET YOURSELF A LAWYER GIDDAY TO ALL..its the thai fly from mae rim


Putting in a rider clause to allow a further 30 year extention of the lease will be disallowed by most land offices. some will allow it but the commercial code makes it clear that you can only contract for one 30 year term. And it is the court and the ccc that determine the law not the land office and lawyer
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Re: how to own the house

Postby Penelope » Wed Jun 15, 2011 1:19 pm

Hi,
If you get it in your name, she is entitled to 60% of the value if the marriage goes bad even with a leasing contract for the land, or a usufruct, If she owned the land before the marriage then you are only entitled to 50% of the house..
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Re: how to own the house

Postby setaputra » Wed Jun 15, 2011 1:42 pm

It could be 60% or any other figure if the judge decides or by negotiation but the civil and commercial code stipulates 50% for joint assets

land of course not being joint; and if it is not clarified who owns the house, the ccc stipulates that also belongs to the land owner

payment for the house, building permit signed building contract would help
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