lumumba
Hi all,
I need to ask a question:
the house I live in with my partner, in her name, now need to by transferred in my name.
What is the procedure and how much will be the cost/s of all this.
I know we need to go to the notary to do this and I know they also tax charges based on the sale's price but can we declare much less ?
It will be no money traction but would looks like if she sale the house to me. Of course I will have to pay for my part and her part of the total cost.
Maybe there is any other way to do this…..
Thanks
ZoomBali
Hi Lumumba,
May I ask you if you are an Indonesian?
If you are a foreigner it's more complicated because in their Agrarian law of Indonesia they have many protectionists rules concerning foreign property in Indonesia. You need to understand their history, as a former Dutch colony, since they gain their independence they are very nationalist/protectionist which is understandable.
First to answer your question you need to know what is the actual Bali Land Titles of the house.
If you are a foreigner, you cannot have the full property title Hak Milik (Freehold), you can have a Hak Sewa (Leasehold) with a nominee arrangement but careful you need to trust the Indonesian nominee at 100%. Nevertheless, you need to consult a notary because this is very complex and no one in this forum can give you an accurate answer unless to be a notary and knowing all your details.
I have found a good website explaining
major types of land rights in Indonesia. Hope it helps.
[h=5][/h]
lumumba
Thanks for yiu reply. I am Not Indonesian but Italian
It was going to be in my name very easily from the start, i had a kita, now kitap but I decided for various reasons not to.
So i think will be no problems changing/sale it to me. Only interested in the cost but what ever are the cost will be done, just like to find out first.
lumumba
And with kitas or kitap i can have it in my name but if i decide to leave indonesia for good i have to sale it
lumumba
Thanks
I will post tge outcomes when i have some
Markit
Lumumba clearly you have not been paying attention to the thousands of posts over the 8 years you have been a member of this illustrious forum covering all aspects of property ownership for foreigners.
You can not own land here in your name if you are not Indonesian. Full stop! New Paragraph!
You can not have the land transferred to your name unless you have become a naturalized Indonesian citizen.
No Way. No How. Sorry.
lumumba
I know i can not own land lets put it this way if i want to buy a house without using a nominee is it possible??
Then why there is this law that The house must be sold within a year of leaving Indonesia ? Since this new president many thing chenged
[COLOR="silver"][SIZE=1]- - - Updated - - -[/SIZE][/COLOR]
I know i can not own land lets put it this way if i want to buy a house without using a nominee is it possible??
Then why there is this law that The house must be sold within a year of leaving Indonesia ? Since this new president many thing chenged
lumumba
i will go to see my notary next week
lumumba
Thanks Markit
And 80 years would be good enough
What would happen after 80 years? Just curiosity.
Do you have an idea about the cost of lease hold, more or less
Thanks
ZoomBali
Hi Lumumba,
Unfortunately, there's many misinformation about that.
Having a Kitas doesn't give you the right to buy a house with the full property title Hak Milik (Freehold).
Here's a paragraph from a recent interview made with Rainy Hendriany, an Indonesian public notary, specialized in land and property investment in Bali.
The Foreign Ownership Regulation clarified the availability of Hak Pakai title, with certain restrictions, for a single residential property to a foreigner who is legally resident in Indonesia (KITAS Visa or higher) to assist that foreigner in “Contributing to the Development of the Nation”. Under the 1965 Regulation, Hak Pakai title could be granted to a qualified foreigner for an initial period of 25 years that could be extended for a further period of 20 years. The Regulation was silent regarding Rights of Inheritance.
The danger is, the real owner can contest your Hak Pakai in court.
It would be too good to be true if the only thing you need is a Kitas to start buying house in Bali. My advice, be careful there's a lot of misinformation about land and property laws in Bali.
Here's the full article here.
Markit
Possibly the simplest option would be for your wife to remain as owner and then have a notary draw up a leasehold contract between the 2 with you as leaseholder so regardless what happens to her you would be able to stay in your home with a valid contract. She could leave the house to, for instance, your Indonesian children or a brother or sister. None of this would affect your legal title to stay in the house IMHO.
But consult a lawyer or at least a notary (PPAT) for a better opinion and please let us know what happens.
davita
Lumumba....your original post mentioned 'your partner' (female)...Markit has said 'your wife',
In Law there will be a difference with respect to property ownership.
It is an illegal act to purchase Hak Milik property if one spouse is a WNA.
davita
lumumba wroteI know i can not own land lets put it this way if i want to buy a house without using a nominee is it possible??
Then why there is this law[COLOR="#FF0000"] that The house must be sold within a year of leaving Indonesia [/COLOR]? Since this new president many thing chenged
[COLOR="silver"][SIZE=1]- - - Updated - - -[/SIZE][/COLOR]
I know i can not own land lets put it this way if i want to buy a house without using a nominee is it possible??
Then why there is this law that The house must be sold within a year of leaving Indonesia ? Since this new president many thing chenged
The highlightrd sentence is not a law and not new.... it refers to a situation where a foreigner inherits hak milik property from an Indonesian. The foreigner is obliged to dispose of that property within 1 year,
The only new laws on property and foreigners, which have not yet been promulgated, refers to apartments and Hak Pakai lease lengths.
If the OP could tell us what title is the property he is requesting advice about it will be easier to narrow down his options. No point advising if irrelevant
Markit
lumumba wroteI know i can not own land lets put it this way if i want to buy a house without using a nominee is it possible?? [COLOR=#ff0000]Yes, but [I][B]only[/B][/I] lease-hold, and the ownership period according to "new" law will be max 80 years. [/COLOR]
Then why there is this law that The house must be sold within a year of leaving Indonesia ? Since this new president many thing chenged
[COLOR=#ff0000]Bule married to Indo - Indo dies and bule inherits "their" house. Indo law says bule cannont own property in Indo so law also says bule has 1 year to sell before government auctions land of and gives bule dosh. [/COLOR]
You want to "own" your house then:
1) find a nominee and make the usual agreement
2) make a leasehold agreement for the property in your name
That's the only options that I know of.
lumumba
You are right Devita
When we moved to bali i bought the house and the certificate is in her name as if she bought it, no nominee nothing, she is the owner, i just put the money. She Is Indonesian and it is a Hak Milik, (freehold).
We decided to have the house in my name or whatever we like to call it, so we were thinking of making a sale from her to me in the best possible way. Also if something happen to her the house is lost. I have her will made by a notary that i can use the house until i live in case something happen to her but i think is not good enough.
She don't need to have this property in her own name anymore so it would be better if we do this kind of action. I was try to get some information before going to a notary so i know a bit more about this
All answer are appreciated
davita
Thnks for clarifying your request for advice.
As Markit and others have posted.... there is NO-Way that Hak Milik title can be transferred to a foreigner.
Zoombali has posted a link to available titles to Indonesian property for foreigners, the relevant ones are Hak Pakai and Hak Sewa.
I suggest Hah Pakai is your best option. This will need the agreement with your partner to sign her Hak Milik title over to the RI Gov't (Land Office). This can include signing to you the Hak Pakai (Right to Use) title deeds as registered in the land office. These deeds can be transfered (sold), mortaged and inherited from you.....without reference to your partner. The terms of this option are in process to be extended to foreigners. This doesn't include a buy/sell agreement ....a notary can advise to cost.
A lease (Hak Sewa) is only a contract (as determined by the lessor and lessee) although, in law, not supposed to be initially longer than 25 years when a foreigner is involved... many times ignored.. It is NOT registered in the land office and can be disputed say.... if the owner dies and leaves the ownership to a relative...this has happened before with the judgement in favour of the leaseholder, but still required expensive legal fees.
All the above will require the agreement of your partner so I'd suggest ...keep the peace...:lemo::lemo:
edit: In effect she has agreed to be your nominee and her will gives you inheritance title to the property whereupon you then have options.
The problem is if she marries then her husband may dispute her title,...especially cumbersome if she is Muslim.
lumumba
Yes you are right Davita, female partner she is not my wife, not married.
She can even sale the house and i will get the money without any problems but at the end i think i will be in the same situation because i will have to but a new house.....this procedure will be a long time so i would prefer to stick to the current one. Any changes if not my wife? Probably better. Did not find the time to go to a notary yet and so is she.
davita
If not married then she is the rightful owner of the property and you've just been a very generous benefactor. Unless you have a notarised contract stating an arrangement....you have NO rights to said property.
Your option is to have her 'donate' the Hak Milik to the Gov't Land Office and have a Hak Pakai title signed to you.
Another option means she is your 'nominee' and you can have some arranged notarized deed that allows you to lease the property (Hak Sewa), or live in it, for a certain time....like Markit suggests.
If you decide to marry, make sure you get a pre-nup arranged first, it will save a lot of problems down the road.
lumumba
We don't have any problems we both want to do this
Thank you all ir the answers
Markit
When the contract(s) are done throw a cheese and beer evening for the balipod and you will be amazed at what turns up! And that's before i get there.
Markit
