Home/Land Inheritance...

phuketrichard · Post by **phuketrichard** » Sun Dec 31, 2017 4:39 pm

Kammekor wrote: ↑Sun Dec 31, 2017 4:00 pm
lostjeremy wrote: ↑Sun Dec 31, 2017 7:54 am This is one of those things you dont want to think about but you have too for your kids sake.

I plan on kicking the bucket long before my wife but, God forbid, if something happened to her I'm curious about our house.

Our home/land is in the wifes name. I know a foreigner cant buy any property outside a condo, but can a foreigner inherit property? If not then hopefully it would be able to be inherited by minors, the kids?

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Have you been legally married?

If not, it changes the situation completely.

HOW? land is in her name be they married or not. Kids are hers as well and Cambodian citizens

PSD-Kiwi · Post by **PSD-Kiwi** » Sun Dec 31, 2017 5:32 pm

phuketrichard wrote: ↑Sun Dec 31, 2017 4:39 pm
Kammekor wrote: ↑Sun Dec 31, 2017 4:00 pm
lostjeremy wrote: ↑Sun Dec 31, 2017 7:54 am This is one of those things you dont want to think about but you have too for your kids sake.

I plan on kicking the bucket long before my wife but, God forbid, if something happened to her I'm curious about our house.

Our home/land is in the wifes name. I know a foreigner cant buy any property outside a condo, but can a foreigner inherit property? If not then hopefully it would be able to be inherited by minors, the kids?

Sent from my CPH1605 using Tapatalk
Have you been legally married?

If not, it changes the situation completely.
HOW? land is in her name be they married or not. Kids are hers as well and Cambodian citizens

. “If a foreigner inherits a property, and that property doesn’t have a strata title – or is not being held through a company with a Cambodian majority shareholder – he or she cannot assume ownership of the estate. In this situation, the law dictates that the estate becomes a legal entity, which the foreigner must sell within three months. The profits are then distributed among the heirs (including foreigners) and the entity is dissolved.

If the estate cannot be sold within three months, it must be handed over to the next inheritor in line holding Cambodian citizenship.”

If not legally married, and the wife doesn’t have a will, then the foreigner cannot inherit the land and share in the profits if the property is sold. If they don’t sell it/choose not to sell it, then the next heirs in line to inherit the property would be the kids...but if they’re under 18 then they cannot own the property, therefore it would go to the next inheritor holding Cambodian citizenship (wife’s family) and the foreign husband and kids could be cut out of the picture altogether.

This is actually a really interesting topic, probably best for anyone married to a Cambodian, with (or even without) young kids and who have invested in any non-strata titled property, to seek legal advice on this before it’s too late. As mentioned by another poster, putting the property into a trust for the kids would be the best solution, but I’m not sure whether it’s possible to even do this in Cambodis.

phuketrichard · Post by **phuketrichard** » Sun Dec 31, 2017 6:01 pm

are u sure?? a will is a will and I can leave my property, bank accounts, whatever to anyone i wish to nominate in such will.
is she dies and leaves the property to him ( which is rather stupid as he cant own it) he as a Barang needs sell it.
In Thailand u can leave property to an underage child an nominate someone to act as a guardian till they reach legal age.

aussieguy100 · Post by **aussieguy100** » Sun Dec 31, 2017 6:29 pm

My local lawyer advised me that if I died and had left my property (soft title in my name) to my Australian daughter in my Cambodian will, she would indeed be the legal beneficiary, but she would have to sell it within three months. She would receive all the money from that sale, including any capital gains due to an increase in value of the property.

username · Post by **username** » Sun Dec 31, 2017 6:48 pm

This is a very interesting topic, indeed. Can a person rent land for 99 years, or is that only for companies?

What would happen to said rent if the owner (wife) dies?

PSD-Kiwi · Post by **PSD-Kiwi** » Sun Dec 31, 2017 7:39 pm

phuketrichard wrote: ↑Sun Dec 31, 2017 6:01 pm are u sure?? a will is a will and I can leave my property, bank accounts, whatever to anyone i wish to nominate ...

Yea sorry, I was talking about if the wife didn’t have a will. If not legally married and no will, then no leg to stand on.

pczz · Post by **pczz** » Sun Dec 31, 2017 10:38 pm

Have had some issues with a drunk mother in law trying to use daughters land as security for loans and the advice we got from village chief and the lawyer was to make it as difficult as possible for any relatives to claim. Make sure you have your own family book. Relatives listed on the family book can make a claim on property if there is no will, so if wife is still on mums family book get a new one. Be careful who is living in the house. if they are relatives and on the residence book they can try and keep the right to live there or have compo if it is sold and leaves them homeless. Same applies to divorce apparently.
Going to court over any of this will take ages and be expensive so trusts and wills might not work that well. Best to block any way of anyone getting hands on property at local level. You can appoint a guardian in the event of your death at the village level. the chief keeps it with the family records.
Final option was to have a mortgage on the property registered at Sangkat, district and cadastral. Then whoever get the land cant do anything until they pay the mortgage. Apparently you can only have 1 loan secured on a house, and a barang can give a mortgage to a Khmer, effectively securing the loan on the property. he cannot repossess the property but he can force it to be sold

phuketrichard · Post by **phuketrichard** » Mon Jan 01, 2018 9:01 am

its 2018 so......
yep; do everything u can think of to keep money grubbing relatives from having any claim on whats urs

Kammekor · Post by **Kammekor** » Mon Jan 01, 2018 9:41 am

phuketrichard wrote: ↑Sun Dec 31, 2017 4:39 pm
Kammekor wrote: ↑Sun Dec 31, 2017 4:00 pm
lostjeremy wrote: ↑Sun Dec 31, 2017 7:54 am This is one of those things you dont want to think about but you have too for your kids sake.

I plan on kicking the bucket long before my wife but, God forbid, if something happened to her I'm curious about our house.

Our home/land is in the wifes name. I know a foreigner cant buy any property outside a condo, but can a foreigner inherit property? If not then hopefully it would be able to be inherited by minors, the kids?

Sent from my CPH1605 using Tapatalk
Have you been legally married?

If not, it changes the situation completely.
HOW? land is in her name be they married or not. Kids are hers as well and Cambodian citizens

If they have not been legally married, he is not even a heir of hers, so he gets nothing. Everything goes to her heirs and if they (for instance her children) are underage (below 18) then her brothers and sisters have to step in to arrange stuff. And he has nothing to say in this, he is in no way legally connected to her.

If there's a will, the situation might be different, but the will has to be made according to Cambodian law. If the will states she will leave the house to him, and we assume it's not a property with a strata title, then that's not according to Cambodian law, thus not legal. National law always goes over wills, as far as I know.

Kammekor · Post by **Kammekor** » Mon Jan 01, 2018 9:47 am

PSD-Kiwi wrote: ↑Sun Dec 31, 2017 7:39 pm
phuketrichard wrote: ↑Sun Dec 31, 2017 6:01 pm are u sure?? a will is a will and I can leave my property, bank accounts, whatever to anyone i wish to nominate ...
Yea sorry, I was talking about if the wife didn’t have a will. If not legally married and no will, then no leg to stand on.

No, I don't think it's true. A will is a will, but in most countries a will must be written according to National Laws and I can not imagine that's different in Cambodia.

It's not for nothing lawyers make big money making / changing wills.

So if yo want to have a will, you'd better read all the prakas on this subject I think, especially if it's about serious money or property.

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