Barang name on hard title

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AndyKK
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Re: Barang name on hard title

Post by AndyKK » Fri May 11, 2018 1:17 pm

^ Agree with that. People will look after their own. Spend what you are prepared to lose. :(
But in this case I don't think the initial poster is worried about actual ownership.
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Re: Barang name on hard title

Post by bolueeleh » Fri May 11, 2018 1:54 pm

in this case, u r not worried about ownership, u just wanted ur name on the title then go ahead, it is very doable, like i said, if primary owner dies (knock wood) u wld not get any claim, the claim wld go to primary owner's family book names
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Re: Barang name on hard title

Post by Kayve » Fri May 11, 2018 2:06 pm

bolueeleh wrote:
Fri May 11, 2018 8:44 am
Barang chgout wrote:
Fri May 11, 2018 8:00 am
Yeah, looking to get my name on the title along with my wife's name.
Can someone please explain how this may be achieved? Thanks.

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i am assuming ur not a cambodian citizen yet? so ur wife will be the primary name on that title and u need to hv marriage certificate if u want the property to be pass on to u if something happen to ur wife, but in this case as u might already known, u r not a cam citizen, u will hv 3 months to sell it in the case if ur wife unfortunately demise.

my advice is to get ur khmer children name in there too, if u hv any and setup a guardian ship of ur khmer children if u hv any
What if you don't sell it during these 3 month ? Who's getting the land ?
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AndyKK
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Re: Barang name on hard title

Post by AndyKK » Fri May 11, 2018 2:35 pm

If she died, the elder in her Khmer family. Certainly not the barang.
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Re: Barang name on hard title

Post by Barang chgout » Fri May 11, 2018 3:31 pm

bolueeleh wrote:in this case, u r not worried about ownership, u just wanted ur name on the title then go ahead, it is very doable, like i said, if primary owner dies (knock wood) u wld not get any claim, the claim wld go to primary owner's family book names
That's all I want. How does one achieve "very doable "?

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bolueeleh
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Re: Barang name on hard title

Post by bolueeleh » Fri May 11, 2018 3:39 pm

Barang chgout wrote:
Fri May 11, 2018 3:31 pm
bolueeleh wrote:in this case, u r not worried about ownership, u just wanted ur name on the title then go ahead, it is very doable, like i said, if primary owner dies (knock wood) u wld not get any claim, the claim wld go to primary owner's family book names
That's all I want. How does one achieve "very doable "?

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soft title go to sangkat, hard title go to land department, says you are the financier, ask what relation u are with primary owner, u says benefactor, dont say man woman relationship, ask if u live at the mention land, say no
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Re: Barang name on hard title

Post by rubberbaron » Fri May 11, 2018 3:47 pm

One of my rare posts as I believe I have something to contribute here. I bought a rubber plantation 10 years ago - it is still working and for sale by the way if anyone is interested. The provincial land management office in Kompong Cham issued a hard title in both my wife's and my name. They also issued a side letter that the legal owner of the land is my wife. I believe 3 or 4 years ago HS had volunteers spread out to measure land all over Cambodia and issue new hard titles. Our area fell under that directive. So we got a new one issued by the same land office (now in Tboung Khmum province) but also signed by a representative from the Ministry of Land Management. It has both our names on it. No side letter this time, but legally my wife is still the owner of the land according to the Land Law. The only benefit for me is that she could not sell the land legally without my signature, not that this would happen anyway.
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Re: Barang name on hard title

Post by bolueeleh » Fri May 11, 2018 3:53 pm

rubberbaron wrote:
Fri May 11, 2018 3:47 pm
One of my rare posts as I believe I have something to contribute here. I bought a rubber plantation 10 years ago - it is still working and for sale by the way if anyone is interested. The provincial land management office in Kompong Cham issued a hard title in both my wife's and my name. They also issued a side letter that the legal owner of the land is my wife. I believe 3 or 4 years ago HS had volunteers spread out to measure land all over Cambodia and issue new hard titles. Our area fell under that directive. So we got a new one issued by the same land office (now in Tboung Khmum province) but also signed by a representative from the Ministry of Land Management. It has both our names on it. No side letter this time, but legally my wife is still the owner of the land according to the Land Law. The only benefit for me is that she could not sell the land legally without my signature, not that this would happen anyway.
good example, there was side letter before but when new regulations came there was no side letter, this is how to work around KoW system
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Re: Barang name on hard title

Post by kocdim » Fri May 11, 2018 6:12 pm

One thing I really want to understand. First example. Lets say the house is mortgaged to you. How the new owner will have any legal right to move you out of the property??? Doesn't he have to go to some court procedures, in which case he will probably loose and you can stay on the property? Also how the sale agreement can be valid if there was a mortgage on the property? Can you go to the court and make the sale agreement void? But the final thing is how the new owner can move you out of the place (because he probably new what he is buying and he is in it)?

Gilmore wrote:
Fri May 11, 2018 1:05 pm
Been there, done that.
The property lawyers will offer you various forms of lending agreements, where the house is mortgaged to you as part of the contract. Clauses can state that you have a perpetual lease and that the house or property cannot be sold without your permission.
In my case, the courts ruled in my favour at all levels, including the Supreme Court.I was awarded damages as compensation for land she sold behind my back and for the house, which was mortgaged to secure a personal loan from another source and later claimed by the loan provider.
The problem is collecting what is owed. Two years later, I haven't received a cent, as no assets or funds can be found. Best of luck, but it hasn't worked for me. Minority partnerships don't give any guarantees either, judging by anecdotes from others.
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Re: Barang name on hard title

Post by Gilmore » Fri May 11, 2018 8:43 pm

Good questions. It's a long saga, that I described on TOF at the time.
She took the loan from a micro-finance company, essentially double mortgaging the house on loan agreements, without my knowledge. Not long after, my ex-driver and a couple of his buddies invaded my house and beat me up, after I refused to pay debts he claimed she owed him. I got in a couple of good shots on the driver, though it turned out the claim was true.
She then convinced me the area was unsafe and to put the house up for sale and rent a place in a new gated community.
I consulted the Australian Embassy and they endorsed the move. Six months later, she was arrested and convicted of breach of trust (fraud) on the complaint of a Cambodian company she scammed. She served 12 months in Prey Sar, followed by another year in Anlong Veng on the same charge, related to her sale of 50 hectares of land I had bought there to farm-I wasn't the complainant.
When she was arrested, I hired a high profile lawyer to investigate. He discovered the micro-finance company had already taken the house and sold it. Subsequent court hearings determined I had no further rights to the house and land she sold, but she owed me for their worth at the time.
She is now free and hiding out somewhere in the provinces-many other creditors, apparently. As far as we can determine, any money she scored is now in the hands of Naga Casino. Be warned and beware.
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