Which lawyer you recommend for land registration on a khmer wife name?
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- Expatriate
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- cptrelentless
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Re: Which lawyer you recommend for land registration on a khmer wife name?
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.
Re: Which lawyer you recommend for land registration on a khmer wife name?
Thank you for that easy to understand explanation. If you would please indulge me another question.PSD-Kiwi wrote: ↑Tue Mar 20, 2018 1:39 pmIf 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.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 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.
What does strata title change in reference to same issue?
Re: Which lawyer you recommend for land registration on a khmer wife name?
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.
Re: Which lawyer you recommend for land registration on a khmer wife name?
That is the nominee structure, although technically illegal it is the most common way for foreigners to purchase property.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.
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.
Re: Which lawyer you recommend for land registration on a khmer wife name?
''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?
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?
Re: Which lawyer you recommend for land registration on a khmer wife name?
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.
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