Foreign Marriage Recognition in Cambodia

whatwat · Post by **whatwat** » Sat Jun 27, 2020 1:15 pm

No because the Cambodian embassy won’t recognise the marriage and you’ll need to get them to sign and stamp the certificate of celibacy anyway, which they won’t do, because they don’t recognise overseas marriages!

explorer · Post by **explorer** » Sat Jun 27, 2020 1:31 pm

PSD-Kiwi wrote: ↑Sat Jun 27, 2020 1:00 pm One of the main benefits of being legally married in Cambodia is asset protection ie. joint property ownership, you both get your name included on the hard-title and the property cannot be sold without authorisation from both parties.

Another is inheritance. If the Cambodian partner passes away, the foreign partner inherits their assets, including property, however with the property due to the constitution regarding foreigner property ownership you cannot keep it and have 3 months to sell it or transfer ownership. If the foreigner passes away, then the Cambodian partner inherits the foreigners assets in Cambodia, and depending on the Foreigners Country of Citizenship's laws, any assets the foreigner may have had in their home country (unless there is a will stating otherwise).

It is also a pathway to citizenship if that is something you are interested in.

There is also the likelihood of a marriage/spousal Visa type or EOS category being introduced in the near future, there is currently a working group reviewing the Law on Immigration for updating, and this is I have been informed is definitely one of the topics being discussed and considered.

If they recognised marriages in other countries, all of the same things could apply.

Post by **Clutch Cargo** » Sat Jun 27, 2020 7:11 pm

PSD-Kiwi wrote: ↑Sat Jun 27, 2020 1:00 pm One of the main benefits of being legally married in Cambodia is asset protection ie. joint property ownership, you both get your name included on the hard-title and the property cannot be sold without authorisation from both parties.

So does this override the requirement that foreigners are not allowed to own land?

PSD-Kiwi · Post by **PSD-Kiwi** » Sat Jun 27, 2020 9:46 pm

clutchcargo wrote: ↑Sat Jun 27, 2020 7:11 pm
PSD-Kiwi wrote: ↑Sat Jun 27, 2020 1:00 pm One of the main benefits of being legally married in Cambodia is asset protection ie. joint property ownership, you both get your name included on the hard-title and the property cannot be sold without authorisation from both parties.
So does this override the requirement that foreigners are not allowed to own land?

Not exactly, foreigners are still not permitted to own land under the constitution, but it provides security as per the laws on Marriage & Family and Law on Land. When purchasing & selling Hard Titled properties, the buyer/seller is required to provide documents confirming their Marital Status, and if married both husband & wife are required to be present and sign/thumbprint the necessary documents.

from the Law on Marriage...

Article 33:
Joint properties are every properties which have been obtained or earned by the spouses or by any one of the
spouses during their marital union.

Article 37:
Joint properties may be sold or given away with the consent of both spouses, otherwise they may not.

from the Law on Land...

Article 66
A person with Khmer nationality and with capacity to enter into a contract may sell or
purchase immovable property.

However, the following persons may not sell:
– a joint-owner of an undivided property without the consent of the other joint owners;

Bitte_Kein_Lexus · Post by **Bitte_Kein_Lexus** » Sat Jun 27, 2020 10:02 pm

Are you sure that applies to someone married to a foreigner (who can't legally own land)? I know theoretically it would require the signature of husband and wife, but I've never seen it in practice with a foreigner.

PSD-Kiwi · Post by **PSD-Kiwi** » Sat Jun 27, 2020 10:41 pm

Bitte_Kein_Lexus wrote: ↑Sat Jun 27, 2020 10:02 pm Are you sure that applies to someone married to a foreigner (who can't legally own land)? I know theoretically it would require the signature of husband and wife, but I've never seen it in practice with a foreigner.

Yes, 100%..from personal experience and that of friends also. Every single Hard Titled property we have purchased and sold we have had to go through this process, and it has caused delays when attempting to purchase or sell property when I have been away overseas, we almost missed out on purchasing our home because I wasn't there at the time to sign & thumbprint the documents and there was another buyer lined up, luckily we were able to pay the bigger deposit than the other potential buyers. My name is on all Hard Titles.

Soft Titled property is much less secure in this respect.

EDIT TO ADD: This experience is based on purchasing & selling properties in several different provinces, the same procedures have been applied consistently.

Bitte_Kein_Lexus · Post by **Bitte_Kein_Lexus** » Sun Jun 28, 2020 7:32 am

Cool, we have a bunch of property bought before the wedding. Does that mean if/when we sell, I'll have to thumbprint as well (even though my name isn't on it)? Or do we have to add my name to ensure it (sounds like a pain)? From what I gather, she'll need to produce her single certificate again?

PSD-Kiwi · Post by **PSD-Kiwi** » Sun Jun 28, 2020 10:11 am

If the property was purchased before you were legally married and is in your wife's name then it is her property and she can manage it/sell it as she sees fit without your authorisation.

I suppose if you felt the need to, you could apply to have your name added to the Hard Titles, not sure on that process though sorry.

Bitte_Kein_Lexus · Post by **Bitte_Kein_Lexus** » Sun Jun 28, 2020 10:45 am

Interesting, thanks. Maybe we'll try that then. Some of it is soft title so no point, but two plots are hard title, including the one in Phnom Penh where we intend to build our dream house after selling where we currently live. Probably worth going through the process.

PSD-Kiwi · Post by **PSD-Kiwi** » Sun Jun 28, 2020 10:59 am

Yea would probably be worth it, let us know how the process goes. No real point with the Soft Titled property.

P.S. to answer your question about your wife having to produce single status certificate again if selling, no, she can just show marriage certificate which will show the date after the property was purchased.

Foreign Marriage Recognition in Cambodia

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