Socrates010160
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Themenstarter
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Ich habe mich im Vorfeld unseres Grundstückskaufs jetzt mal über die aktuelle Rechtslage bei einem Anwalt in Hua Hin informiert.
Hier seine Antwort, womit einiges was hier zu diesem Thema schon geschrieben wurde, in ein neues Licht gesetzt wird:
Since you and your wife are married, then the land office will only allow a usufruct to be registered over the land if the land is to be transferred into your wife's name. A usufruct is a right to use the land during your lifetime. It is recorded on the back of the land title deed, and it expires on your death or your earlier consent to remove it. Hua Hin Land Office will not allow a lease agreement between husband and wife.
If the land is to be transferred into the name of your wife, then you and your wife will have to attend at the Land Office in person to give the confirmation to the Land Officer. This is a written statement whereby you both confirm that the money for the land has come from your wife, and that you have no interest in the land. This cannot be done by power of attorney.
It is possible for a foreigner to own the house. However, if the proposal is for the house to transfer to the husband via the land office after the land has been transferred to the wife, Hua Hin Land Office have a policy that they will not allow this. Therefore for the husband to own the house after the land is transferred to the wife, the husband will have to make sure that the Construction Permit and Tor Ror 900 ( application for the Blue Book) is in his name.
The advice you received about a lease is not right. This will be considered as a nominee arrangement.
Hier seine Antwort, womit einiges was hier zu diesem Thema schon geschrieben wurde, in ein neues Licht gesetzt wird:
Since you and your wife are married, then the land office will only allow a usufruct to be registered over the land if the land is to be transferred into your wife's name. A usufruct is a right to use the land during your lifetime. It is recorded on the back of the land title deed, and it expires on your death or your earlier consent to remove it. Hua Hin Land Office will not allow a lease agreement between husband and wife.
If the land is to be transferred into the name of your wife, then you and your wife will have to attend at the Land Office in person to give the confirmation to the Land Officer. This is a written statement whereby you both confirm that the money for the land has come from your wife, and that you have no interest in the land. This cannot be done by power of attorney.
It is possible for a foreigner to own the house. However, if the proposal is for the house to transfer to the husband via the land office after the land has been transferred to the wife, Hua Hin Land Office have a policy that they will not allow this. Therefore for the husband to own the house after the land is transferred to the wife, the husband will have to make sure that the Construction Permit and Tor Ror 900 ( application for the Blue Book) is in his name.
The advice you received about a lease is not right. This will be considered as a nominee arrangement.
.