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Reader's question: Transferring land to the name of a girlfriend in connection with the termination of a relationship

By Submitted Message
Posted in Reader question
Tags: , ,
November 5 2016

Dear readers,

I would like advice on the following. In connection with the termination of our relationship, I would like to transfer the house and land in full to my ex-girlfriend's name. The house is currently in both names, I have leased the land for 30 years.

How can I best arrange this? Through a local lawyer or together to the land office to arrange it directly?

At the moment I am staying in the Netherlands.

Thanks in advance for your responses.

Best regards,

Eric

Number of times read: 169

7 responses to “Reader question: Transferring land to the name of a girlfriend due to termination of a relationship”

  1. ton says up
    5 November 2016 at 12: 38

    If you don't succeed, she won't agree
    Lease continues and land is hers

  2. erik says up
    5 November 2016 at 12: 59

    You don't say what's on the chanote. So have to rely on 'my' chanote.

    In my case, my right of use is registered on the chanote and it can be done in a few ways, of which 'death' and 'abandonment' I consider most common. As far as I know, for the latter you have to appear in person with the owner of the land.

  3. Hans says up
    5 November 2016 at 14: 57

    Land is already hers.
    I heard that the government (Thailand) nowadays controls how people suddenly acquire wealth or property.
    If you put the house in her name, she will be able to get a tax levy on it later.

    • erik says up
      5 November 2016 at 15: 31

      Of course you can waive that right of use or rental. But then: taxes? Tax on what? Thailand has no gift tax.

      One could say that the transfer of the right of use was a depressing factor and the value of the property is now 'full'. Is that a reason to levy transfer tax? I have my doubts but advise you to consult a lawyer before taking any action.

  4. ruud says up
    5 November 2016 at 23: 06

    It will depend on how you split up and whether you have already paid the lease for 30 years.
    If it has already been paid for 30 years, it will not be a problem to cancel that agreement.
    There are also ultimately benefits for your ex, if she does not want you to come and stay with a few friends in your half of the house without being asked.

    So the most important first question seems to me: how do you break up?

  5. Jasper says up
    6 November 2016 at 02: 11

    Dear Erik,

    You do not indicate whether you have leased the land from her or from a third party. In any case, a lease is not transferable, so upon your death the land reverts to the owner. You can of course donate your half of the house to her, or sell it for a symbolic amount.
    The problem, of course, remains what happens to the house when the lease is terminated, although she then has the right to take this stone by stone to another place.

  6. Rembrandt says up
    6 November 2016 at 06: 03

    Dear Eric,
    The plot, where the building is located, is in your girlfriend's name. That unfortunate format of land document (chanote) states that a lease has been established on the land and that she is the lessor and you are the lessee.
    My girlfriend and I had the same situation with an undeveloped piece of land in Pranburi and when we wanted to sell it, we went to the land register (land office) together and said that we want to cancel the lease. That was possible on the spot at the land register without any problem and if the land does not change owner, no taxes are due.
    In the Netherlands and I think also in Thailand, the owner of the land is also the owner of the building by accession, unless otherwise agreed in a lease agreement. In my opinion, it is therefore sufficient to go to the land office together and have the lease collected from the chanotte.
    Rembrandt


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