Introduction To Marital And Personal Property Under Thai Marriage Laws

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A Thai prenuptial agreement, also called a premarital or ante-nuptial agreement in Thailand, is a legal document, signed by both parties before marriage in Thailand. Under Thai law the prenuptial commonly lists each party’s personal assets, and could give management of certain jointly owned marital property to one of the parties. It could also state potential division of jointly owned marital property if the marriage is later dissolved (at death or divorce).

Community and personal property under Thai marriage laws:

Under Thai marriage laws personal property of each spouse remains personal property of each spouse during the marriage. If personal property has is exchanged to other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall remain personal property of that spouse.

Property acquired from income (income in the form of a salary) and fruits from personal property (any income derived there from) during the course of the marriage will become marital or jointly owned property between husband and wife (marital property means property between husband and wife pertaining to marriage or relating to marriage in Thailand). Marital or community property between husband and wife will, with some exceptions (property acquired by either spouse during marriage through a will or gift), consist out of all property acquired during the marriage, even if it is not titled in both names.

An official Thai marriage (opposite to a Buddhist ceremonial wedding) is an internationally recognized marriage and foreigners marrying in Thailand should in addition to legal advice locally in Thailand seek legal advice in his or her home country to assess the consequences of the marriage in their home country.

A prenuptial agreement in Thailand must be registered prior or at the time of marriage at the local amphur (district office) or the Civil and Commercial Code (sections 1465 to 1493) will describe the couples marital property regime.

Buying Off Plan Real Estate In Thailand Condominium Acquisition And Escrow

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Off plan condominium purchase in Thailand means buying a condo in a planning stage or a condominium not yet fully constructed. The standard payment schedule found in an off-the-plan sale and purchase agreement of a condominium in Thailand is:

1. a reservation agreement with a reservation fee of 100,000 baht (approx 3300 USD)
2. a deposit of 10 to 20% of the purchase price on the execution of the condominium sale and purchase agreement
3. periodical installments during the construction of the condominium with a final installment of 1/12th to 1/20th of the purchase price upon transfer of ownership of the condominium.

Who to pay to?

Paying in escrow for a condo in Thailand means that payments are made to an Escrow Act licensed third party financial institution or bank that will hold the deposited monies till the conditions of the condominium sale and purchase agreement have been met, depending on the contract. The use of escrow services in Thailand for property purchases is not common!!

Generally developers in Thailand DO NOT offer escrow payment arrangements. Property developers in Thailand are under the Escrow Act or new Condominium Act and Condo Act regulations NOT required to offer escrow agreements to consumers. Property developers in Thailand are free to require deposits and installments in agreements without offering any protection for the purchaser payments. There is no legal protection structure in place for realty buyers. This part simply depends on the agreed and accepted contract terms and conditions between the seller and purchaser. If the buyer pays directly into the developer’s account this is an accepted risk he as the purchaser takes.

In 99% of the property development projects in Thailand the purchaser makes the payments directly to the developers bank account. Obviously payment made directly to the developer, as opposed to payments made in escrow, carries some serious financial risks for buyers in case of default by the developer. They risk loosing all. In addition, pre-paying the development, the buyer looses all leverage in case of delay or poor workmanship. At the time of completion the buyer has paid up to 95% of the purchase price and the developer is in a much stronger position and can simply refuse transfer of ownership to the buyer.

The developers company

The standard payment schedule by which the purchase price is paid directly to the developers bank account during the construction or even before the start of a condominium project carries risks of losing your payments in case of default or bankruptcy of the developer.

An important part of this arrangement is the developers company. Is it a large SET listed (Thailand stock exchange) real estate developer or a limited liability company with a low share capital and a poor track record? Limited liability for the developer means limited liability and in case of default there is for the buyers little chance of getting any of the payments back.

The Condominium Act supposed to protect the interests of the buyers of condos in Thailand but does not require the establishment of escrow arrangements in an off-plan condominium development.

Paying directly to the developer in Thailand is taking a risk.

Why Buy A Condominium Hua Hin Thailand

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Property purchase in country is not a simple issue and yes when it comes to foreigners who wish to buy condominium Hua hin has in store we are awe struck at the various laws and rules the country’s Government has actually bestowed upon foreigners. There are many professional real estate agents who would entice us with the gorgeous condominiums Hua hin has got in the midst of the cool mountains. The price is of course very dear and just with 18,500,000 baht one can have a direct access to a condominium. The bolig til salg in Hua hin would not be much preferred to the world class stylish condominiums because the y are far more better in generating rental income .

The accommodation comprises of a fully furnished 130 square meter area with 2 bathrooms,3 bed rooms [ with air conditioners] in the top floor with the ground floor having an easy access to the pool from the spacious balcony wherein one can just sit and relax while watching the beautiful setting sun in the evenings. The cool breeze from the mountains also allows one to enjoy the air and climate by lazily lying in the launch chairs of the balcony. UBC TV, Internet access, Dish washer, washing machines, DVD, CD players, Hair dryers Beach front and the proximity to super markets and hospitals allows one to thoroughly enjoy the stay in the lovely Thai -European concept embedded condominiums Hua hin. The kitchen has got all the required stuff along with the microwave, refrigerator and these entire sure enables one to cook ones own food in the condominiums Hua hin. Now the “bolig til salg in Hua hin is not much preferred because of its own limitations and the tourists who wish to property purchase in Hua hin prefer the Thai condominiums present within a few minutes of the main city while the houses in the bolig til salg” section would have houses present in varied remote places.

Rent from condominium would allow one to spend for huge maintenance expenses of a condominium. As soon as one lands in the airport the excellent taxi service in hua hin can be accessed with the “hua hin taxi service” tab present in the bottom part of this web page. The service of the taxi drivers and their standard taxi rates allows foreigners to know the standard amount charged with accords to the vehicle type and the chosen destination. For example if you are not a single traveler but a group of tourists in Thailand then the transportation needs would definitely differ. In order to meet such a case the vehicle types available are mini buses/luxurious limousines /budget cars to suit all your transportation needs. Online bookings are possible when the travel itinerary contacts them and give a correct email address/phone number. The prompt quote of prices would inform the tourists to come prepared to meet the varied travel expenses and even the rental rates of condominiums can be got by entering the required information in the contact us form in this very web page.

Condominium Purchase In Thailand

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Condominium Purchase in Thailand

Purchasing a condominium in a tropical paradise is a dream for many foreigners who wish to escape the cold winters and the high cost of living in their home country. Thailand offers the foreigner many benefits including beautiful beaches, tasty food, friendly people, world class health care and inexpensive property. Many foreigners come to Thailand to purchase a condo for various reasons: for their retirement, as a second residence or for investment purposes. For those who desire to stay longer in Thailand, the ability to acquire property is an important issue. Many foreigners prefer to reside in a condominium since there is less maintenance involved for the owner. You can simply close and lock the door until your next stay. Projects in Thailand offer 24 hour security so you can feel safe that everything will be as it was when you left. From the perspective of a Legal Advisor, I would like to share with you the process so you’ll feel secure of your purchase of a condominium in Thailand.

Legal Structure

In Thailand, a foreigner may own a condominium 100 percent in his/her own name. Freehold title for the condominium purchase is the most secure method of ownership for the foreigner. If the project is over the 49 percent quota for foreigners, you may need to draft a lease contract for your transaction. In Hua Hin we do not find this problem since Thai owners are the majority in most condominium projects.

Legal & Financial Planning

Before you sign any deposit agreement or contract, you should sit down with a lawyer or solicitor to discuss the legal process. You need to know the correct legal process in Thailand for the foreigner to purchase a condominium. Remember that you are spending part of your life savings to acquire this property and you must carefully plan your steps in the process. Some banks will offer up to 70 percent financing to foreigners for purchasing a condominium. The repayment term can be as high as 20 years. Siam Legal offers free legal consultation to potential property buyers. You should get the legal facts of the property and contract laws in Thailand before you deposit any money.

Title Investigation

A comprehensive examination of title deed recorded at the Land Department should be done. You need to verify that the Seller has clear and legal title of the land before you enter into a contractual agreement. The title search will trace the land to its first possession. Don’t take the word of anyone who tells you it has been checked before. The lawyer conducting the title investigation will provide you a full report and a copy of the title deed in English language.

Due Diligence

Every financial transaction requires some sort of due diligence on behalf of the purchaser to verify that it is a sound investment. When you purchase shares of a company listed in stock market or a mutual fund you will generally research the profile and performance of the company or fund. The same is true when you purchase a property from a developer. You should check with the previous buyers to see if they are satisfied with the quality and time frame of construction. If you don’t have the time to spend on checking the history of the developer, a local lawyer near the development will know or can check the project, its directors and their reputation.

Deposit

When you feel satisfied with the property and it meets your expectations, you will be asked to make a deposit to show your good faith to continue the process. In return, the Seller will reserve the unit for you and start the process by drafting the contracts for purchase. Unless you write specifically a “get-out” clause in the deposit agreement, for example “subject to clear title” or “subject to agreement on the contract terms,” the money deposited is non-refundable.

Construction Contract

There are some fundamental elements which should be included in every contract. These are, among others:

1.Time frame

An agreement should have a time frame which stipulates clearly the starting date for construction as well as its completion date. Check for any extension clauses which normally give the developer a few extra months to complete without incurring any penalties.

2.Payment Penalties

Check that the penalties for default of payment are not too burdensome on you. Terms such as immediate rescission of contract and retaining the money you have already paid are not uncommon but there should be a period given to you to remedy this default.

3.Developer’s Default

Ensure that you have some recourse to a full refund in the event that the developer does not complete the construction due to insolvency or for any other reason.

4.Late Completion

Penalties should be given to you if the completion is late. This is normally deducted from the final payment due upon completion. Penalty rates vary greatly in Thailand although for condominiums there is a daily minimum penalty of 0.01 of the property’s value was made available to foreigners who did not qualify for a local loan. This gave many foreigners access to finance for their dream homes even if they did not reside in Thailand. Up until this time, there were only a handful of private offshore firms offering lines of credit of this kind and often at rather stringent and unattractive terms.

Bangkok Bank in Singapore still offers such loans to foreigners and the demand for this is increasing. They are able to tender loans in several currencies including US and Singapore Dollars (SGD). Currently, the interest rate for SGD loan stands at 6.00 for USD and 6.00% for SGD. However, it appears their processing fee may be slightly higher but offers the advantage of applying for the loan locally in Thailand without having to set foot in Singapore. UOB’s entrance into this niche market is a welcoming sign to the area of financing to foreigners in Thailand.

“Flipping”

Many investors target a condo project when the development first launches. They are keen to purchase the plum units in the project as an investment. Later, the investor will resale or “flip” the unit typically before the legal interest is registered at the Land Department. The value of the unit increases prior to the completion or title transfer. These investors will capture their profits without their names ever appearing on the title deeds. Care and caution should be exercised if you are “flipping” the unit since some developers will not allow assignment of the unit to another person. Some developers will allow this option but they will charge a very high administrative fee or even a percentage penalty.

Summary

Living in Thailand should be an enjoyable and relaxing experience. If you plan and prepare in advance for the acquisition of your property, you will be rewarded for your efforts. Those who take short cuts in the recommended process above will save some money but in the end it will not be worth it if something goes wrong. Property is a solid investment in Thailand as well as a great place to live while enjoying life in paradise.
Thailand Property & Real Estate Legal Services – Attorneys – Solicitors

Thai Real Estate Investment Soared On Back Of Property Fund Activity

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KTAM Aims to Become Thailand’s Leading Property Fund,Increasing Assets Under Management to 11.3 Billion

The Bangkok Post reported on Thursday, 22 February that real estate investment in Thailand soared by 81.8 percent to $2 billion (1.3 billion)in 2012, nearly double the $1.1 billion (720 million) in 2011, as property funds markedly increased their investment activity.

According to property consultant DTZ, Thailand’s real estate market was boosted by the listing of major property funds and a high number of acquisitions, particularly in the office and hotel sectors. Some $1.1 billion (720 million), or 55 percent of total real estate investment, came from transactions by real estate funds or public funds for public offerings (PFPOs).

Investment activity received a major boost from the listing of Tesco Lotus Retail Growth Freehold and Leasehold (TLGF) in the beginning of January 2012, which proved to bethe largest property fund listing for the year. The $594-million (389 million) fund purchased 17 Tesco Lotus shopping malls in prime locations across Thailand in a deal which by itself exceeded half of the real estate investments in the country in 2011.

Other notable property fund investments in 2012 included the purchase during the first quarter of three serviced apartment complexesand residences for $106 million (69 million) by the listed Land and Houses Freehold and Leasehold Property Fund (LHPF). Additionally, the Quality Houses Hotel and Residence Freehold and Leasehold Property Fund (QHHR) bought three Centre Point serviced apartments in the third quarter, for some $107 million (70 million).

KTAM Eyes Real Estate Market

Krung Thai Asset Management (KTAM) has the ambition to lead the market in property funds and,more specifically, to increase its assets under management by 20 percent in 2013 to 516 billion baht (11.3 billion), said chief executive officer Somchai Boonnamsiri, citing the positive overall investment climate.

The Bangkok Post reports that Thai billionaire Charoen Sirivadhanabhakdi plans to raise funds through the funds managed by KTAM, with the subsequent capital increase being dedicated to turning KTAM into the global leader of this type of fund.

KTAM is considering entering new markets including Mexico, Brazil and some European countries. Annualised return for short-term investments in these regions is forecast at 3.5 percent or about one percent higher than returns in the Thai domestic market.

The Thai fund intends to boost the capital of property funds under the direction Sirivadhanabhakdi’s TCC group to as high as 50 billion baht (1.1 billion) this year. The fund also plans to launch ETFs on the Stock Exchange of Thailand in sectors such as food, energy, ICT and the commercial sector.

2013 will be the last year in which Thailand’s Securities and Exchange Commission will allow investments in what has been known as property type 1, with introduction a new type of property fund, the internationally recognised real estate investment trust, set to replace the old structure.

Condominium Ownership Document And Address Registration Tabien Baan

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Foreigners buying a condominium in Thailand will receive 2 official government issued documents related to the condominium.

1 the condominium ownership title deed
2 the condominium house registration book

Each condominium unit has a unit title deed issued by the Provincial Land Department or its branch office and a Tabien Baan or House Registration Book issued by the local municipality.

The condominium unit title deed is the official ownership document and its use id proof of ownership. The apartment’s house book primary use is registration of the unit and it’s address and verification and registration of a Thai person’s address living in the condominium.

The normal house book issued for each address in Thailand is the blue version of the Tabien Baan. Foreigners owning a property are usually not registered in the blue book as owner or resident. Opposite Thai nationals foreigners often have an empty blue house book.

There is a separate version of the Tabien Baan for foreigners, the ‘yellow book’. It is possible for foreigners to exchange the blue book for a yellow book if the foreigner meets the requirements for the application. The required documents for a yellow book vary per location but usually require a non-immigrant visa and an ownership document such as the condominium unit title deed, but could also include a work permit or marriage certificate.

A yellow book is unusual in Thailand and it is not necessary for foreigners to exchange the blue book for a yellow book. The majority of foreigners have the blue book together with the ownership unit title deed.

Even though the foreigner is not registered in the house book foreigners usually proof their address through the Tabien Baan and the condominium title deed, or obtain a separate ‘letter of residence’ from the local immigration.

Overall compared to the ownership title deed the house book is not an important document and there is no need for foreigners to exchange a blue for a yellow book.

Thai Real Estate Investment Soared On Back Of Property Fund Activity

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KTAM Aims to Become Thailand’s Leading Property Fund,Increasing Assets Under Management to 11.3 Billion

The Bangkok Post reported on Thursday, 22 February that real estate investment in Thailand soared by 81.8 percent to $2 billion (1.3 billion)in 2012, nearly double the $1.1 billion (720 million) in 2011, as property funds markedly increased their investment activity.

According to property consultant DTZ, Thailand’s real estate market was boosted by the listing of major property funds and a high number of acquisitions, particularly in the office and hotel sectors. Some $1.1 billion (720 million), or 55 percent of total real estate investment, came from transactions by real estate funds or public funds for public offerings (PFPOs).

Investment activity received a major boost from the listing of Tesco Lotus Retail Growth Freehold and Leasehold (TLGF) in the beginning of January 2012, which proved to bethe largest property fund listing for the year. The $594-million (389 million) fund purchased 17 Tesco Lotus shopping malls in prime locations across Thailand in a deal which by itself exceeded half of the real estate investments in the country in 2011.

Other notable property fund investments in 2012 included the purchase during the first quarter of three serviced apartment complexesand residences for $106 million (69 million) by the listed Land and Houses Freehold and Leasehold Property Fund (LHPF). Additionally, the Quality Houses Hotel and Residence Freehold and Leasehold Property Fund (QHHR) bought three Centre Point serviced apartments in the third quarter, for some $107 million (70 million).

KTAM Eyes Real Estate Market

Krung Thai Asset Management (KTAM) has the ambition to lead the market in property funds and,more specifically, to increase its assets under management by 20 percent in 2013 to 516 billion baht (11.3 billion), said chief executive officer Somchai Boonnamsiri, citing the positive overall investment climate.

The Bangkok Post reports that Thai billionaire Charoen Sirivadhanabhakdi plans to raise funds through the funds managed by KTAM, with the subsequent capital increase being dedicated to turning KTAM into the global leader of this type of fund.

KTAM is considering entering new markets including Mexico, Brazil and some European countries. Annualised return for short-term investments in these regions is forecast at 3.5 percent or about one percent higher than returns in the Thai domestic market.

The Thai fund intends to boost the capital of property funds under the direction Sirivadhanabhakdi’s TCC group to as high as 50 billion baht (1.1 billion) this year. The fund also plans to launch ETFs on the Stock Exchange of Thailand in sectors such as food, energy, ICT and the commercial sector.

2013 will be the last year in which Thailand’s Securities and Exchange Commission will allow investments in what has been known as property type 1, with introduction a new type of property fund, the internationally recognised real estate investment trust, set to replace the old structure.

Living In Pattaya Condominiums

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Located about 150 km south east of Bangkok and lying along the Gulf of Thailand, Pattaya is perhaps the most wonderful island in Thailand. With its picturesque surroundings comprising incredible beaches, city-like dining, vibrant nightlife, and excellent shopping facilities, living in Pattaya is regarded as living in paradise.

Inspired by the amazing beauty and highly sophisticated infrastructure of the island, many foreigners, including Americans and Europeans, have chosen this destination to spend their life after retirement. A host of other benefits are also derived from living in Pattaya. The main is that Pattaya provides an excellent lifestyle and that too on a small budget. Another great benefit is safety, since the crime rates are comparatively low in contrast to other destinations. Above all, Pattaya boasts of a salubrious climate year-round.

No matter your choice is apartment, single detached house, villa, or bungalow, Pattaya has a plenty of accommodation options. Since Pattaya has now become a much favored destination among foreigners, condominium units are of special demand here. Further, the Thai government does not impose any kind of restrictions on foreigners to own a condo unit in Pattaya, except for some requirements to be met under the Condominium Act (1979), such as bringing in 100% of funds for the purchase of condo unit in foreign currency and recording of it by a Thai bank on a Foreign Exchange Transaction Form (FETF), which in turn is considered an evidence to submit it to the Land Department.

Many condominium units around the prime areas of Pattaya, such as Wong Amat beach, Jomtien beach, and Bang Saray and Tawanron beach, are sold out even before the completion of their construction. The demand for Pattaya condominiums is further driven by factors such as low interest rates and a weak Thai Baht.

Depending upon your budget, lifestyle, preference, and number of family members, a variety of condominium units are now available in Pattaya, ranging from budget and luxury to single and multi-roomed. Pattaya condominiums come in a myriad of forms, including, townhouse, apartment, and sometimes even as a single detached structure. Let it be of any type or size, a condominium complex in Pattaya is mostly replete with amenities such as high-end bedrooms coupled with comfortable beds, expansive living rooms, fully equipped kitchen, most modern bath area with uninterrupted water supply, and eco-friendly areas.

Some of the most popular condominium units come attached with most sophisticated facilities such as game rooms, laundry facilities, whirlpool spas and saunas, pools, meeting rooms, and parking areas. There are also certain condominium complexes attached with facilities such as game rooms coupled with tennis courts and gym.

Further, purchasing a condo unit in Pattaya provides a continuum of benefits. One of the greatest advantages of living in a condominium in Pattaya is that it allows you to live in a well managed community. Security is another great benefit of Pattaya condominiums, as there are a large number of people.

Other benefits of living in a condominium in Pattaya are low interior as well as exterior maintenance costs and access to common facilities such as library, elevators, and swimming pools. Also, buying a condo unit in Pattaya serves as an excellent long term investment, yielding huge profits. However, the price of condominium units is exceptionally high when compared to other accommodations options such as houses and villas.

Prior to choosing condominiums as your accommodation alternative, certain things have to be taken into consideration. As condo units are mostly governed by condominium association, it must be checked whether the rules and regulations put forward by them are flexible. For instance, there are certain condo communities imposing restrictions on the usage of the pets. Other matters such as condominium interior and outdoor maintenance fee, neighborhood, and parking area must also be considered for living in a condominium in Asia.

Buying or renting a condominium in Pattaya is no longer a tedious process, since a multitude of property builders, consultants, and real estate firms as well as realtors are in the scenario to render best services. Since many of them have them have their own sites on the web, with details including expected price, amenities available and pictures of the condominium, it allows for convenient purchasing of a condominium.

The First Boutique Condominium

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If you are looking for vacation hua hin rentals for a short term or long term rentals property hua hin then you should probably read this article.
Tira Tiraa, Thailand, the first boutique condominium project in the entire country. One of the most popular sights in Thailand for relaxing and recharging your energy, with the temptation of natural beauty and a convenient lifestyle. Fully furnished and fully kitchen equipped.
The building was unveiled earlier, yet it still continues to maintain the same style and modernity as its more recent counterparts. The best part about it is that it is just 15 minutes walk away to beach. If one has to talk in geographically accurate terms then yes the building being at hua hin beach road and not to far from the down town. It does not pose a problem as buses run at regular intervals to and fro thus making it only a couple of minutes away from central Bangkok.

The building, Tira Tiraa, still has the very best apartments for rent in Thailand. There are a variety of apartments availablethree bedrooms, two bedrooms and even some studio rooms. The average rent for a rental apartment in the metro is between 35,000 Baht/month.
The Tira Tiraa has a lot of facilitiesit is a luxury ocean liner on land! It has an amazing pool with nice adjoining shady areas to unwind and relax. A bar accompanies the pool, along with a restaurant that caters to both European and the indigenous Thai tastes. The Tira Tiraa also has a Fitness Room, Sauna Room, nearby International Golf courses etc.
The Tira Tiraa is both functional and great as either a holiday home or a vacation rentals hua hin. The building is well connected to most places by buses. You will find that the Hua Hin beach is especially near is also a couple of minutes away. If you plan to take a walk on the beach road, then you will find a variety of shops and restaurants.