Tiger Moth Posted June 1, 2004 Author Report Share Posted June 1, 2004 Thanks. Yes, I would like to get in touch with the fellow you mentioned. My e-mail address is: bediverse@yahoo.com Thanks again Link to comment Share on other sites More sharing options...
Tiger Moth Posted June 1, 2004 Author Report Share Posted June 1, 2004 Jasmine, Thanks for your reply. I wonder if you could clarify a bit further. One thing I wondered about is if I purchased a house, which of course would be really owned by the Thai woman, would I have any benefit if I were married. For example, if we were living in the house and married, could she just put the house up for sale and sell it out from under me or would the sale somehow be prevented because I was living in the house and married to the owner? As opposed to the same situation without being married (that is living in the house together and she decides to cash in - in which case I don't see that I would have any legal recourse - I would be out on the streets and would have lost all that I invested in the house). Regarding 401K, I have one still in my former employers plan, actually called 401K and I have one from an older employer that is invested as a "traditional IRA" with Vanguard (in an account referred to as "traditional IRA"). For each I have designated my son and other family members as beneficiaries. If I were to be married, would my wife be able to supercede these designations or would the benefits go to those I specified and not her. More generally, would she have access to these accounts even if I did not want her to have access? Thanks for any insight you can provide. Link to comment Share on other sites More sharing options...
Guest Posted June 1, 2004 Report Share Posted June 1, 2004 Well, there has been an interesting development with that fellow of which I was unaware when I suggested him. He was an IT Manager at a hotel in Chiang Mai. Recently, he was convicted of harboring illegal aliens and deported back to Australia where he had prior convictions for paedophilia. I had looked him up when I was in Chiang Mai because he had a website offering relocation services. So, I think he is no longer available for advice. It goes to show that not everything is as it seems. Khun Pad Thai Link to comment Share on other sites More sharing options...
jasmine Posted June 2, 2004 Report Share Posted June 2, 2004 Hi, I will do my best clarifying some of the questions. I have done a bit of research of Thai laws in the last trip. A foreigner cannot own nor inherit property, except condos. Actually, a woman who is married to a foreigner cannot own property unless she has a document that states the monies used to buy properties does NOT come from the husband. Becuase the law prohibits the ownership of land and real estates, but the community property is recognized in a marriage, so by the second law anyone can inherit or have a right to what is gained during marriage. However, in order to satisfy the first law, the women who are married to foreigners have properties in their names alone so if something happens, the foreign spouses cannot claim them. Also, women with foreign spouses must prove that the monies used for properties are not from the husbands to prevent the legal mess later. If the monies using for properties is NOT from the husband, he does not own the house, the owner of the house can ask you to leave at any time. In the hose registration, there is the owner's name and that owner can ask the "occupants" to leave. According to my lawyer brother, it does not legally make any difference whether the occupant is married to the owner or not. :: The law of property owners were created to prevent losing the Thai properties to non-Thais becuase of buying power of non-Thais and the hardship of many Thai land owners, especially farmers. On the 401K, retirement and so on, the designation persons can be anyone, a marriage does not change that. However, please check with a lawyer for sure. TM, if you are married and your 401K/IRA have different desinators other than your spouse, you need your spouse' signature stating that she is aware of it. In your case, the designations were done prior to a marriage may be ok but I don't know. On the retirement pay, you started prior to a marriage and it is 100% on you only and I don't know you can change it to include your new spouse (which will change the amount) or not. I would find out for sure, however, I have a feeling that ones can change due to "Life event change". Be careful with the realtors in Thailand, I found out that they will tell you anything just to sell things to you. I will be glad to answer other questions but it can be slow becuase I do need to check with my brother who needs to look up those laws. Jasmine Link to comment Share on other sites More sharing options...
jasmine Posted June 2, 2004 Report Share Posted June 2, 2004 [color:"red"] I think the point is that he can inherit the house but not the land. [/color] This is a very delicate and can be a very messy issue. If you can inherit the house but not the land, the house can be forced to be removed and it happens very often now to many Thais. Many Thais build properties on someone else's land and depedning of the categories of the lands, after some certain years the house owners can occupy the land (likewise the house) for a lifetime (only Thais, ok?), but some land, the land owners can force the persons to leave (and remove the hose too) at the 90 days notice. The Tha property law is very complicated and only a specialized lawyer can do a good job. Being a foreigner, no way that one can own the land, so it gets worse that one just inherit the house? May I say it loud and clear, [color:"red"] a foreigner can NOT own or inherit properties in Thailand. [/color] However, believe whatever one wants, that is why lawyers have work! Jasmine Link to comment Share on other sites More sharing options...
Guest Posted June 3, 2004 Report Share Posted June 3, 2004 Hi Jasmine, Most of what you state is correct. However, the money to buy property may come from the husband. The husband only has to sign a statement that he will not claim ownership of the property. If the foreigner is a resident in Thailand, both husband and wife can hold the mortgage on the property. As to the house registration. It is not always the owner who is the "Chao Bahn". A foreigner with a residence permit can be "Chao Bahn" if the wife gives authorisation. In that case the owner is not listed on the house registration at all. The foreign husband can inherit the property upon death of his wife. However, he has to sell within a certain period, which I beleive to be 2 years. Link to comment Share on other sites More sharing options...
jasmine Posted June 3, 2004 Report Share Posted June 3, 2004 Hi, Thanks for the clarification. The "choa bhaan" is the owner of the hose (property), at least this is what I was told when I was in Thailand 2 months ago and a foreigner was not allowed to be one. Can it be that the law is interpretted differently in each province? I have done a lot of research this time in Thailand, and for sure that foreigners cannot own properties in Thailand, if, thru inheritance, he cannot keep it, the properties must be disolved into cash, it says "as soon as feasible", whatever that means. Jasmine Link to comment Share on other sites More sharing options...
Grabii Posted June 4, 2004 Report Share Posted June 4, 2004 jasmine, Without a doubt! I expect that it can also be that the law is interpretted differently in accordance with the relative status of the person who is asking for the interpretation and the person who is making the interpretation. Grabii jasmine said:Hi, .... Can it be that the law is interpretted differently in each province? .... Jasmine Link to comment Share on other sites More sharing options...
Guest Posted June 4, 2004 Report Share Posted June 4, 2004 The "chao Bahn" is the head of the family that lives in the house, but not necessarily the owner. However, the owner has to authorize someone else to be the chao bahn. This happens for instance in the case the owner does not live in the house. Link to comment Share on other sites More sharing options...
jasmine Posted June 4, 2004 Report Share Posted June 4, 2004 [color:"red"] The "chao Bahn" is the head of the family that lives in the house, but not necessarily the owner. However, the owner has to authorize someone else to be the chao bahn. This happens for instance in the case the owner does not live in the house. [/color] It was interpretted as the "owner" in the registration authority in the province where Hubby and I built a small vacation house. It did not please me much for the person who asked for the permit was considerred the owner, and it was not me nor Hubby. Next trip we do need to get the "ownership" straight and I was told that I could not own it unless I used the Thai citizenship. A retirement visa does no good. It will be a little time consuming battle, but I will get it my way! :: Jasmine Link to comment Share on other sites More sharing options...
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