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[SMEEERE]

marsteele, on 2009-05-29 09:57:03, said:

Pierrot, on 2009-05-29 09:30:06, said:

MUYTHAI, on 2009-05-29 04:06:48, said:

dtag, on 2009-05-28 09:51:23, said:

Maybe unenforceable (or no one will bother) but this is another example of the steady escalation of anti-farang laws. From the 15 day visa change to this, it becoming obvious that chasing away farang has become an official policy. With the economic downturn that is only just starting to hit home there will be more of this in the near future. I and others have also noticed an increased hostility to farang in day to day life over the last few months.
Good advice to anyone- if you have not tied yourself down here with wife/kids or investment- get out as soon as possible. The writing is on the wall - a society that rarely (if ever) can blame itself for causing any of its own problems, an increase in laws to inconvience foreigners, a major economic downturn and a culture based heavily on seeing fareng as less than Thai in every way
If the worst thing that happens to farang is that the just lose all their land property, I will actually be relieved. We've already seen several mysterious farang businessmen deaths.

As hard times hit home- who will be the scapegoat? You think any new Prime Minister or royalty that take charge will blame Thais or the government fo their own plight?
Thailand is not the only place to enjoy life as an expat - other places allow you to own property, a have visas that last months or years, and don't have a moral code that sees taking everything you can from foriegners as noble act.
We're not wanted or respected here, why should any farang stay?

I know of a few such countries. However, I prefer that all you stay in Thailand so as not to "ruin" these other cuntries in such a way as LOS has been ruined by all the "western" influence and sepsis (as my Brittish pals call it). Phuket is a joke. Brain dead falangs with too much money and not enough intelligence purchase severly over-priced housing. The Thai real estate dealers, etc. are the ones laughing all the way to the bank and they should be the ones earning the profit from land development... not the falangs. It is Thailand and it is their country. If you do not like the rules, you should leave! Would you want foreigners (such as Chinese, Saudis, or Nigerians) moving to your home country and trying to change the laws in your country to their liking and driving up property values so that the locals are priced out of the market? I have had conversations with many Thais that depise the fact that falangs are allowed to purchase properties... even condos. They see island and coastal ecosystems (such as Phuket, Koh Samui, etc.) being ruined by expensive housing developments and then Thais themselves cannot afford to live in the areas any longer as property values appreciate past their buying power, etc. Once beautiful and peaceful island areas now look and feel like Honolulu. Very sad. I have heard from my Thai friends that non-condo properties have been purchased outright by falang couples...both the man and woman are falangs from European countries. My Thai friends personally know these people (falangs) and wonder how this is possible since falangs not married to a Thai are not legally allowed to own houses. They have never asked the falangs how they were allowed to purchase the property because they do not want to be "rude". I have seen LOS ruined by greedy and disrespectful falang t-bags, so I will side with the Thais on this issue. You don't like it in LOS... leave. BTW.. I will not disclose the other countries that I enjoy more than LOS because I do not want a bunch of falangs to move there and try to change their culture, laws, rules, and destroy their land to make a profit via real estate developement and "ruin" these countries they way LOS has been "ruined".
With all this being said, I side with the falang that gets married because he wants to and then would like to own property/ a home for his family. However, the falang that gets married SO he can own property or wants to come to LOS to make a profit in real estate, housing developments, etc. should not be allowed to do so. I do not understand why many of the posters here do not understand why many Thais do not like falangs anymore. Do you ever talk deeply to the Thais you befriend in order to get their true views on subjects? The falang invasion of Pattaya, Phuket, etc. has, in their view, ruined these areas and I agree with them. I support the average person who just wants to have some property and a peaceful life with thier Thai spouse... but all you other greedy t-bags that come here to make a profit via real estate should be sent back home. LOS has become far too westernized for me now. It is too much like many western countries. The western sepsis has changed the country. Maybe that is why many Thais want to take their country and culture back for themselves. More power to them.

I had this kind of discussion with some people before. I usually start with a joke "you hate the chicken but you eat the eggs...". Then if they argue further, i start pointing out the cloth they wear, the car they drive, the house they live in, all the modern appliance ...

The thais are very lucky because in the past they had very smart rulers who understood all the benefits Thailand can get by learning from the west.

By the way, please remind me, where did dear Abhy got his education from ?

I don't really know but I don't think it was at school

"Would you want foreigners (such as Chinese, Saudis, or Nigerians) moving to your home country and trying to change the laws in your country to their liking and driving up property values so that the locals are priced out of the market ? " I think youll find this has already happened in London,

[eggomaniac]

Didn't read all 11 pages, but did anyone look on the 'bright' side. How many blokes is this gonna save from getting done over?  
It will save a LOT of farangs from getting swindled.

[RigPig]

Well looking at all of the new development ("Condos") being erected in Patong, and I suspect by Thai developers, who do they think is going to fill them all?

There is one development that is already an absolute eye sore and can only turn into a slum!  Maybe we are in for a massive influx of bargirls.  Still if they are trying to lower the prices this should do it, it will drag the prices of everything else down with it!

At one stage I believe the land was ear marked as a marina, shame that never happened.  But seriously these developments are not built for sale to Thai's from Isaan and I doubt if they are meant for Thais at all.  I suspect that it is the Thai population with money that is raping and piliging their own country.

There are developments out their which are using Thai spouses as nominees to purchase land and make a quid and they should be stopped in IMO.  But providing some security for yourself and family is a different matter.

[Aussiejon]

GREAT NEWS
Next time Thai wife wants you to buy her family land or a house you can say sorry dear if i do that the goverment will take it away from you.

[klikster]

When I/we purchased an existing house on chanoted land (resold already) we used a nominee.  Our nominee was the 30-something son of my partner in the transaction.  The reason we used the son as nominee was that he had the qualifications and salary to qualify for a long-term, low interest, mortgage loan from the government savings bank. My partner's age (62) would not have allowed him to get a long-term mortgage.

As part of our discussions, my partner told me that using any nominee made the transaction illegal. However, he felt we were safe because his son had sufficient financial background (he is a western trained and experienced architect) to not be flagged.

So this may not be as much as an anti-wife/woman issue as some of you may think. The Land Department guy may have been addressing a common subset of the nominee issue.

[Crossy]

In the absence of any further information on this subject I'm going to close the thread. If anyone comes up with more relevant information please PM me and we'll re-open the floodgates.

Meanwhile I quote Isaanlawyers sensible repost.

Isaanlawyers, on 2009-05-28 14:39:18, said:

NO REASON TO PANIC HERE.

Foreigners can't use nominees to buy land. We all knew it. No?
Yes, foreigners CAN'T OWN LAND (few exceptions) in Thailand.

I receive emails EVERY WEEK of foreigners saying: "I'm buying land with my wife.."
NO! She buys land. Not you...

This is the letter of confirmation that foreigners sign when their spouse buys land in Thailand:
http://www.isaanlawy...onfirmation.jpg

Now, I don't think these statements were made in English and there might have been some "translations problems".
The only sentence making problems is this one:

If the Thai spouse has enough money to buy the house that is fine, but if the Thai has no money and uses money given to him or her by a foreigner to acquire property, that is against the law. If we check and find out later that a Thai person has been using money from a foreigner to buy land anywhere in Thailand, we will revoke title deeds," he said.

Why? Because it's perfectly legal to make a loan agreement, to GIVE money to your spouse, and it's perfectly legal for a Thai to acquire land.
Perfectly legal for a spouse to make a lease, a usufruct, a loan agreement to a foreigner. Married or not.

You just have to make it clear: The married foreign husband (or spouse) doesn't own. The THAI PERSON OWNS.

If you for more information about PROPERTY LAW, try http://www.thailawonline.com (We will update this section in the next 2 weeks)

The LAND CODE is there, in the LAWS section.

The Civil Code is there. (Left menu, CIVIL CODE)

Usufruct is at 1417 of the Thai Commercial and Civil Code. (book 4)
Lease is under HIRE OF PROPERTY (537 Civil Code, book 3 title 4))
Superficies are at 1410.
Common property under marriage is called SIN SOMROS (1474 of Civil Code, Book 5, family)

Seb.

[alfieconn]

[quote name='CFIT' date='2009-05-27 18:33:40' post='2765459']
Land purchase through Thai spouse forbidden: Land Dept


This may have already been covered but i cant be bothered to look through all the post's.

How can it be that a farang can take his girlfriend to court to claim half of the property he paid for, when apparently it was illegal for her to buy the property in the first place with his money.
Surely if this was the case it wouldn't even get to court let alone the farang getting 50% of the value of the property.
Is it that the judge in these cases doesn't know the law ?