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  1. #26
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    Quote Originally Posted by Dragonfly View Post
    whatever you do, don't take legal advice from ThaiVisa Forum, or you will be sorry

    that could be very expensive personally,
    Thanx

  2. #27
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    Quote Originally Posted by Luigi View Post
    I'm not implying you're wrong.


    You are wrong.


    You obviously haven't got a clue about land laws, labour laws or immigration laws, but for some reason think that you do (stupid people aren't aware that they're stupid?).




    Ya big silly billy moron.
    Well, instead of being a jerk who just wants to find fault, why don't you help out the OP and tell him why I'm wrong.
    If I'm wrong, then I will easily stand to be corrected.

    One thing I do know for sure; Your knowledge of Thai immigration laws is not sufficient to cover my case, and therefore other cases too.

  3. #28
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    I appreciate good response to questions,,some always do just that like Maanaam..others delight in making an ass of themselves....

  4. #29
    Days Work Done! Norton's Avatar
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    Have the property transferred to your wife's name. Establish a 30 year lease (Usufruct) with her. All done legally.

    Not sure if the property transfer can be done without your wife coming to Thailand. Normally the seller and buyer have to go to the district land office to do the name transfer. Have your wife call the land office to see if someone with a limited power of attorney can do the transfer.
    "Whenever you find yourself on the side of the majority, it is time to pause and reflect,"

  5. #30
    I'm in Jail

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    Sounds good Norton but seriously where is Fredwiggy when you need him.



  6. #31
    กงเกวียนกำเกวียน HuangLao's Avatar
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    Quote Originally Posted by Norton View Post
    Have the property transferred to your wife's name. Establish a 30 year lease (Usufruct) with her. All done legally.

    Not sure if the property transfer can be done without your wife coming to Thailand. Normally the seller and buyer have to go to the district land office to do the name transfer. Have your wife call the land office to see if someone with a limited power of attorney can do the transfer.
    I believe the respected parties have to appear in person to proceed with such a transfer.
    Though, kinda makes sense that a trusted individual can act as power of attorney - but still it's Thailand and needs to be thoroughly sussed out in an odd instance as this.

    Personally, I would need to take care of such matter in the flesh -
    I can't imagine some that might proceed with this kind of business online, by phone, other assorted correspondence, or relying someone to act in my name/wife's name.
    Last edited by HuangLao; 17-02-2018 at 09:27 AM. Reason: because I can

  7. #32
    I'm in Jail

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    I'm still trying to get this straight so forgive me.

    A: Find yourself there but really not there.

    B: Set yourself up beliving in Cher. ie, Believing in Love. Not to be confused with any other form of shares or sharing in a practical sense.
    C: Going to the local temple and drinking the implosion juice with said partners having the understanding that if one should lie they then would shrink to less than Ants penis in size and therefore negate their position of dominance in the clusterfuck moving forward.


    I must disclose that the fish is not a financial advisor nor a predictor of future weather patterns.

  8. #33
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    Quote Originally Posted by Mozzbie47 View Post
    I appreciate good response to questions,,some always do just that like Maanaam..others delight in making an ass of themselves....
    Some interesting info here, including 2 ways of foreign ownership that Lulu is ignorant of.
    https://www.siam-legal.com/realestat...-foreigner.php
    I like the idea of forming a registered partnership, 49% yours, 51% your wife's. The company you jointly own can own the property, effectively making you 49% owner of the property.


    Also, "In 1999 the Thai property law was amended to allow a foreigner with a Thai spouse to legally own land in Thailand. Nevertheless, the land must still be registered at the land office in the name of the Thai national. The foreigner must also sign a declaration stating that the funds used in the purchase of such land were the funds of the Thai National and not of the foreigner."

    Have a laugh at that one, Lulu.

  9. #34
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    Quote Originally Posted by fishlocker View Post
    I must disclose that the fish is not a predictor of future weather patterns.
    You dissapoint and disillusion me.

  10. #35
    I'm in Jail

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    Here is where I normally would post a "random machinery pic".......fish.
    Sorry I couldn't be of any practical help but as you can see It's my night off and the fish had been drinking.

  11. #36
    Days Work Done! Norton's Avatar
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    Quote Originally Posted by HuangLao View Post
    Personally, I would need to take care of such matter in the flesh
    As would I. Strongly recommend OP's wife make a short trip to finalize the sale. Property transfer is simple. No need to complicate things.

  12. #37
    Hangin' Around cyrille's Avatar
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    Yep. Who knows, maybe this property is 'one that didn't work out' in the group. Or the one where they tossed all the building refuse from the others. They sent pictures but, dang, they were of another property. Oh ho! (inane grin)

    In Thailand's construction business anything goes.

  13. #38
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    Im sorry I [at][at][at][at] help it. Ain't been bit by a red ant in awhile. Carbon fever must have set in.
    All joking aside one of you versed fellows could (and I'm sure some have done) obfuscate or should I say Deejeffiate the legalities of it all.
    Not to pick on Jeff though he does seem deeper than the fish has fathomed.

    Like I said its my night off. I'm no help to you but I'm sure there are a few here that know the ropes. Or as Muhammad Ali said rope-a-dope Lord knows most have been kicked few times or at minimum upon the ropes.


    I'M not implying they enjoyed it.
    Good luck....

    The fish.
    Last edited by fishlocker; 17-02-2018 at 10:00 AM.

  14. #39
    Hangin' Around cyrille's Avatar
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    Quote Originally Posted by fishlocker View Post
    Like I said its my night off. I'm no help to you
    In what sense exactly is that 'a night off'?

  15. #40
    Thailand Expat armstrong's Avatar
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    Quote Originally Posted by Maanaam View Post
    Some interesting info here, including 2 ways of foreign ownership that Lulu is ignorant of.
    https://www.siam-legal.com/realestat...-foreigner.php
    I like the idea of forming a registered partnership, 49% yours, 51% your wife's. The company you jointly own can own the property, effectively making you 49% owner of the property.


    Also, "In 1999 the Thai property law was amended to allow a foreigner with a Thai spouse to legally own land in Thailand. Nevertheless, the land must still be registered at the land office in the name of the Thai national. The foreigner must also sign a declaration stating that the funds used in the purchase of such land were the funds of the Thai National and not of the foreigner."

    Have a laugh at that one, Lulu.
    The authorities have been clamping down on the business way and when I bought our house I had to sign a letter saying I didn't pay for the land AND that it isn't mine. Wifey even had a form that said she allowed me to stay at this residence to be able to 90day report.
    I'd like to see what morning looks like
    Don't wanna drink pint after pint
    I wanna wake up without feeling sick
    But I can't cuz I'm a drug-abusing alcoholic

  16. #41
    R.I.P. Luigi's Avatar
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    Quote Originally Posted by Maanaam View Post
    why don't you help out the OP and tell him why I'm wrong.



    He knows you're wrong already bud.

    Quote Originally Posted by petercallen View Post
    A foreigner cannot own land in Thailand

    Quote Originally Posted by Maanaam View Post
    No, Peter. A farang can own land jointly with a Thai as long as his/her ownership is less than 50%.



    Gets funnier every time I read it.





    *cough*

    Quote Originally Posted by Maanaam View Post
    Also, "In 1999 the Thai property law was amended to allow a foreigner with a Thai spouse to legally own land in Thailand. Nevertheless, the land must still be registered at the land office in the name of the Thai national.


    Did you actually read that?



    Have a laugh at that one, Lulu.
    Don't mind if I do.





    FFS Manny, you know less about land laws than you do about labor laws.

  17. #42
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    Quote Originally Posted by armstrong View Post
    when I bought our house I had to sign a letter saying I didn't pay for the land AND that it isn't mine. Wifey even had a form that said she allowed me to stay at this residence to be able to 90day report.
    Yup.

    A foreigner cannot co-own Thai land in their name.

  18. #43
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    Quote Originally Posted by armstrong View Post
    the idea of forming a registered partnership, 49% yours, 51% your wife's. The company you jointly own can own the property, effectively making you 49% owner of the property.
    Quote Originally Posted by armstrong View Post
    The authorities have been clamping down on the business way
    How so Armstrong? Actual legislation or independant Mr Bighead making his own rules in his local office (and thus, in another office it may be fine, and if pressed Mr Bighead may be forced to obey the actual legislation)?

    Lu has ignored this option which effectively gives ownership of up to 49% to the farang husband.
    Just like with his knowledge of immigration law, he sees one line of regulation and says "That's it, that's the law and the whole of the law" without ever considering ways and means and other laws.

  19. #44
    On a walkabout Loy Toy's Avatar
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    The only way a foreigner can get his/her name on the back of the land title deed/ Chanoit is by leasing the land.

    The normal lease term is 30 years which may be extended for a further 30 years based upon a new lease agreement being settled during the first 30 year term.

    A foreigner these days under no circumstances can legally own land in Thailand.

    I have been told that Americans and New Zealanders formally could purchase land here for business activity and foreign companies can own land in Free Trade BOI Industrial estates.

    If anyone can confirm or dispel what I have posted above I would appreciate it.

  20. #45
    Hangin' Around cyrille's Avatar
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    My experience was the same as armstrong's.

    I'm betting no number of posters with similar experiences will change Maanaam's mind, though.

  21. #46
    Days Work Done! Norton's Avatar
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    Quote Originally Posted by Loy Toy View Post
    If anyone can confirm or dispel what I have posted above I would appreciate it.
    Confirmed.

  22. #47
    Hangin' Around cyrille's Avatar
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    Pretty sure you mean 'formerly' rather than 'formally', though.

  23. #48
    On a walkabout Loy Toy's Avatar
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    Quote Originally Posted by cyrille View Post
    My experience was the same as armstrong's.
    Same for me.

    Every time we purchased land I had to sign a disclaimer document also confirming that it was my wife's money not mine.

    There are many foreigners who think they own properties here by buying shelf companies and using nominees as company shareholders who may have problems in the future.

    Sure they own 49% of the shelf company (Not the property) but what they have done is illegal according to Thai Law.

  24. #49
    On a walkabout Loy Toy's Avatar
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    Quote Originally Posted by cyrille View Post
    Pretty sure you mean 'formerly' rather than 'formally', though.
    Yep, sorry.

  25. #50
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    Quote Originally Posted by cyrille View Post
    I'm betting no number of posters with similar experiences will change Maanaam's mind, though.
    I don't know what you base that on. I'm always willing to be corrected when wrong.
    I'm asking Armstrong if he went the business way as it seems a real way to effectively own 49% of the land. The company owns it, but you own (49% of) the company.



    Quote Originally Posted by Loy Toy View Post
    Sure they own 49% of the shelf company (Not the property) but what they have done is illegal according to Thai Law.
    How so? The link I provided above from Siam Legal specifically says it's legal.

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