Dear readers,
My girlfriend would like me to have the Yellow Booklet (Tabien Baan) made. She thinks I'll be better protected in case something happens to her and her family comes to claim the house we live in. It's in her name (yes, I know).
I've read that this doesn't help at all. It is only a registration booklet and can be useful for a possible car purchase or other promotions, where you must be able to prove your address.
The only forms of “protection from greedy family” I see at the moment is for me to marry her. In the event of a divorce, part of the house will fall to me. And of course the lease contract form, where you can rent the piece of land on which the house stands for 30 years…
How do you see that? How do you request the yellow booklet? She had checked in Pranburi and they want to see a letter from my parents, which shows that I no longer live in the Netherlands. I just find this strange.
Now I have here in front of me, a residence certificate from the Dutch Embassy. I also have proof of emigration to Thailand (to my old address in Thailand) and confirmation from the immigration office in Hua Hin that I live at this address.
You can find something about the yellow book on the internet, but I haven't come across a real description of the requirements.
What did you have to do to get this?
With kind regards,
Jack S.
You're better off taking a lifetime right to use the land and house from the land office.
That does not make the house yours, but no one can throw you out until you die.
At least not by legal means.
There are several ways in Thailand to legally anchor your right to use a home (for life). They all have specific qualities and flaws.
You write my girlfriend, which suggests that you are not (legally) married.
Marriage law in Thailand gives the right of usufruct of the family home to the surviving spouse. This is a first possibility to legally anchor your “housing security”.
Another possibility is to have a usufruct agreement (set tee kep kin) registered in “the land office” (tee din) on her title deed (Chanotte or other (read weaker) “property title”). In that agreement, you and your girlfriend can then determine that you have the right to use the “structures” (buildings, house, family home) on that piece of land for a certain period of time or even as long as you live. That is a second quite legally secure method to legally anchor your “housing security” in Thailand, even if you are not legally married.
There are many other possibilities. Some of them are risky.
For example, you can draw up a long-term rental agreement with your girlfriend and have that agreement registered. That only provides limited legal certainty about living, especially if you split up or if she dies first.
You can also place the house in a company, a Ltd. Basically, with such a legal construction you make “improper use of Thai legislation, because it has been created by the legislator for other purposes.
Sooner or later, a Thai administration will be instructed to “clean up” the “abuses” of that legislation. That then gives a lot of fascinating reading on farrang blogs and forums and headaches for the farrang whose rights suddenly turn out to be illusory.
Other legal constructions, such as a condominium, appear to be reasonably legally certain.
Always keep in mind that as a farrang in Thailand you are and will remain an “ALIEN”. Sorry, but that's the official term of "immigration". And what is legal security for an ALIEN on Earth?
And what can you do, even if you have the right to live in the house you paid for, also legally anchored as well as possible after the death of your partner/wife, if your Thai neighbors or family want you out of it by all possible means? (read bullying)?
Marriage and registered usufruct are, in my opinion, the least uncertain possibilities … but there are no absolute certainties. That's life.
Just commenting on the association between “farang” and “alien”.
There seems to be a misunderstanding among farang that "farang" can be translated as "alien" with all the negative associations that entails.
In the Thai language, "farang" means westerner. Nothing more and nothing less.
Whose deed!
I am married to a Thai. I have always understood that if my wife dies, I must sell the house within a year. Now I read in Mark's story that being married has the advantage that you can continue to live in the house. What is the truth now! I also read about the Usufruct. I want to be sure that if my wife dies, I can continue to live without any problems, after all I have paid everything.
A usufract (lifetime right of use, because there are various options in duration) is the simplest.
That is, if there is no one to whom you would like to leave the house.
Because after your death everything is for the owner of the land.
Usufract costs a few Euros, if no one at the land office is there to raise their hand.
(In my case no one held out their hand and I was served very politely and kindly.)
You can arrange it with your wife at the land office.
If your wife should die and you have to sell the property, your right of use will remain until your death.
A lawyer is also often called in to arrange the usufruct, but I would just go to the land office myself first.
I did that and it was no problem at all.
But that may differ per country office.
If problems arise, you can always consult a lawyer.
In addition to usufruct construction, loan agreement for the purchase of land and 30-year lease, I also had a will drawn up by her and myself. Beautiful family who - at least through legal means - will come to my house in case my girlfriend dies before me. And since the buildings are mine, if the family thinks they are working illegally, I can always make the house (buildings) unusable. They don't benefit from it either.
The yellow book is of little help in this respect. But handy to have under the motto "better me than shy".
I once read somewhere that a German was so angry with his ex-wife/girlfriend and her family that he packed up and moved. He then commissioned a demolition company to level the house to the ground. ha. ha .ha. (what will his wife / girlfriend and her family have been crying (in Thai style then)
That's exactly what I mean! Piece of land but no house. Whahahahahahah! Will they (=family) learn!
Or simply keep the agreements. Is also an option.
I've only had the yellow book for a few days. This puts my condo in my name. MijnThai parten is my heir, and is in my will..
Were needed:
Immigration residence permit
Passport translation in Thai. (This is important, the Dutch name is translated into Thai in the yellow booklet and it must be exactly the same as in the passport.
Contract of sale
3 pass photos
2 witnesses.
request at City hall
Jack,
It's actually too late to get married. In the event of a divorce, you are entitled to 50% of the property accrued during your marriage. Because your house is currently in her name, this is not included and is automatically hers. At most you can sue and convince the judge with receipts, but basically if it was hers before your marriage, it's hers in a divorce.
Transferring is another story. I'm not sure, but I think the house he passed away expires on you, but you have to sell it within a year.
Dear Jack,
As for the certainty of keeping the house, “this is Thailand, hey”
But I also have the yellow book and you have to put in a lot of effort for that.
1/ to the Dutch embassy in Bangkok, with a copy of your passport page.
the consul will then put a stamp + signature on the copy for the sum of 1200 Bhat.
2/ Then with the copy and your passport to the immigration office on the Chiang Watthana Road in Bangkok (Lak-Si) have the copy translated at a translation agency in the basement, costs 300 Bat, (also ask for the name of your translate father into Thai's).
3/ Then have the copy legalized at the immigration office on the 1st floor, costs 500 Bhat.
pff. are you still there? You can stay overnight in a hotel nearby.
Then you go to the district office with your wife and possibly her mother and the red title deed of your house.
At the counter they will forward you to the head of the department, he will ask you the hemp of your and your wife's body, he wants to know everything, absolutely everything (it all comes into the computer)
To; who is your father and what does your father do for work etc, etc. give a high monthly income, more than 100.000 Bhat, then you will rise in prestige.
When he is done he asks you to come to an even higher chief, who will read the story (in Thai) and will ask a few more questions in a friendly atmosphere, but stay alert and tell exactly the same as what you told his subordinate.
Then he will stamp and sign the yellow book and hand it to you standing up.
(the national anthem is not yet played).
What can you do with it; actually only buying a moped, car or plane in your own name and it also opens a door when opening a bank account.
Hope you can do something with this
greetings Nico
Be careful with bulldozers, you have a right of usufruct, but half is owned by the heirs and the entire building, after you die. So in case of demolition, make sure you are outside Thailand, because you can pay again and a prison sentence. So better a marriage, and a will to the longest living.
Succes
Ruud,
Making sure that the building is your property (because it is also paid for) of course. So you may also renovate, demolish, etc. You rent the land and the rent is equal to interest and repayment of loan for girlfriend to buy land.
So in the event of the girlfriend's predecease, her family can claim the land, but will also have to pay for it insofar as the loan to buy that land has not yet been repaid. After all: not only the benefits, but also the burdens are for heirs.
It varies greatly per Amphur, we needed 2 witnesses, 2 passport photos, an original proof of payment in the applicant's name (telephone bill, electricity or UBC) 100 baht and an hour of time. We had some questions, but we were able to translate the names ourselves (already had them from the marriage registration), names of parents and their professions. And finished! Several acquaintances also helped with applications and it was all very simple.