Which lawyer you recommend for land registration on a khmer wife name?

This is where our community discusses almost anything! While we're mainly a Cambodia expat discussion forum and talk about expat life here, we debate about almost everything. Even if you're a tourist passing through Southeast Asia and want to connect with expatriates living and working in Cambodia, this is the first section of our site that you should check out. Our members start their own discussions or post links to other blogs and/or news articles they find interesting and want to chat about. So join in the fun and start new topics, or feel free to comment on anything our community members have already started! We also have some Khmer members here as well, but English is the main language used on CEO. You're welcome to have a look around, and if you decide you want to participate, you can become a part our international expat community by signing up for a free account.
bangkokhooker
Expatriate
Posts: 1094
Joined: Mon Sep 04, 2017 3:14 pm
Reputation: 108
United States of America

Re: Which lawyer you recommend for land registration on a khmer wife name?

Post by bangkokhooker »

Barango.
User avatar
cptrelentless
Expatriate
Posts: 3033
Joined: Wed Jul 01, 2015 11:49 am
Reputation: 565
Location: Sihanoukville
Korea North

Re: Which lawyer you recommend for land registration on a khmer wife name?

Post by cptrelentless »

I'm married and I've got my picture on the deeds. The other thing I've heard about is making her (asking her to, I suppose) give you a lease, for a long term for a one-off payment or peppercorn or something. Apparently you have more chance hanging on to your leased land if you've already paid.
Luigi
Expatriate
Posts: 1967
Joined: Thu Apr 30, 2015 6:12 pm
Reputation: 111

Re: Which lawyer you recommend for land registration on a khmer wife name?

Post by Luigi »

PSD-Kiwi wrote: Tue Mar 20, 2018 1:39 pm
Luigi wrote: Tue Mar 20, 2018 7:49 am It is understood that foreigners cannot own land outright.
But what happens in the event that the Khmer partner/wife/GF dies?
Does the property become a forced sale?
Must the foreigner find new Khmer partner/wife/GF?
How would foreigner protect himself in this situation?
I think the question would apply for hard or soft titled property.
If a foreigner inherits a property through a will or through marriage to a Cambodian who passes away, 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. The legal minimum age for property ownership is 18, so if there are children under 18 then even they cannot inherit the property.
Thank you for that easy to understand explanation. If you would please indulge me another question.
What does strata title change in reference to same issue?
User avatar
PSD-Kiwi
Expatriate
Posts: 4923
Joined: Wed Jul 09, 2014 8:25 am
Reputation: 3250
New Zealand

Re: Which lawyer you recommend for land registration on a khmer wife name?

Post by PSD-Kiwi »

A strata titled property , which only applies to eligible condo/apartment buildings (must be above ground floor and maximum 70% foreigner ownership allowed), can be owned 100% by a foreigner. This is the only type of property that can be legally owned by a foreigner.
User avatar
PSD-Kiwi
Expatriate
Posts: 4923
Joined: Wed Jul 09, 2014 8:25 am
Reputation: 3250
New Zealand

Re: Which lawyer you recommend for land registration on a khmer wife name?

Post by PSD-Kiwi »

cptrelentless wrote: Wed Mar 21, 2018 12:46 am I'm married and I've got my picture on the deeds. The other thing I've heard about is making her (asking her to, I suppose) give you a lease, for a long term for a one-off payment or peppercorn or something. Apparently you have more chance hanging on to your leased land if you've already paid.
That is the nominee structure, although technically illegal it is the most common way for foreigners to purchase property.
Buying in a local’s name is very easy and is the most in-expensive means of controlling Cambodian land. But, by doing so, you will be ignoring the Constitutional prohibition on direct ownership of property by foreigners. Therefore it is illegal and strongly discouraged by legal support in Cambodia. In short, to buy through a nominee structure, the investor signs a trust agreement with the land holder guaranteeing to hold the land on their behalf. The owner then mortgages that land and leases it to the foreigner. If things don’t go to plan, a foreigner can easily face expropriation by the state, or be forced to sell the land.
Luigi
Expatriate
Posts: 1967
Joined: Thu Apr 30, 2015 6:12 pm
Reputation: 111

Re: Which lawyer you recommend for land registration on a khmer wife name?

Post by Luigi »

''The owner then mortgages that land and leases it to the foreigner

This part I do not understand. Does mortgages have a different meaning in Cambodia as in the following?

mortgages
1.
a legal agreement by which a bank, building society, etc. lends money at interest in exchange for taking title of the debtor's property, with the condition that the conveyance of title becomes void upon the payment of the debt.

Put another way; if I or you have already purchased the property why & where is there a need for a mortgage?
I'm probably misising an elemental point. What am I missing in this scenario?
User avatar
PSD-Kiwi
Expatriate
Posts: 4923
Joined: Wed Jul 09, 2014 8:25 am
Reputation: 3250
New Zealand

Re: Which lawyer you recommend for land registration on a khmer wife name?

Post by PSD-Kiwi »

It's all on paper only, don't think about it too much, any decent real estate agent can arrange the paperwork for You, and if you're extra cautious you can have a lawyer review all the paperwork before signing/thimprinting.
Post Reply Previous topicNext topic
  • Similar Topics
    Replies
    Views
    Last post

Who is online

Users browsing this forum: Alex, barang_TK, Big Daikon, Deefer, Google [Bot], John Bingham, KunKhmerSR, lurcio, Majestic-12 [Bot], Moe, Richy9999Rich, Semrush [Bot], Spigzy, ThiagoA, xandreu and 919 guests