Buying some land - Need as much info as I can get

[BKT]

Hey all, After living here for 3 years now and meeting the right woman I have decided to invest in some land. Me and my fiance are getting married in September but we've found a nice piece of land out near Lovina which we don't want to miss out on. My fiances mother is in talks with the owner now so we're still sorting out a price and getting all the documents ready. Luckily for me my friends and my fiances family own land in the area so we know what its worth and are getting it at a good price.

What I want to know is what is the best way to go about this.

1) Who's name should the land go under. I trust my fiance %100 but I would like my name on the certificate, will I have to change the certificate once we're married? What type of Certificate will be best,

2) What is the best way to bring money over here from NZ, Obviously bank transfer seems logical, what fees are usually involved?

 

[Blondie]

Hey all, After living here for 3 years now and meeting the right woman I have decided to invest in some land. Me and my fiance are getting married in September but we've found a nice piece of land out near Lovina which we don't want to miss out on. My fiances mother is in talks with the owner now so we're still sorting out a price and getting all the documents ready. Luckily for me my friends and my fiances family own land in the area so we know what its worth and are getting it at a good price.

What I want to know is what is the best way to go about this.

1) Who's name should the land go under. I trust my fiance %100 but I would like my name on the certificate, will I have to change the certificate once we're married? What type of Certificate will be best,

2) What is the best way to bring money over here from NZ, Obviously bank transfer seems logical, what fees are usually involved?

You're a foreigner and according to the Indonesian constitution foreigners cannot by law own land in Indonesia.

Your name on a certificate will mean nothing

People fool them selves that there's ways around it (companies in the name of Indonesian caretakers etc... still not your land) but if ever push comes to shove and there's a problem down the line

you own nothing

Hope you leave some back up investments at home

Regards
N

PS There will be a quite few Bulee "land owners" who will disagree with me, but the constitution is the constitution and back doors cooked up by industrious Indonesians to sell land to Bulees, doesnt change the law as it stands currently

 

[BKT]

Ok before everyone starts arguing about the whole "Bulee's can't own land" bullshit can we just keep it on subject. I know the deal, I just need a few questions answered.

 

[Blondie]

Ok before everyone starts arguing about the whole "Bulee's can't own land" bullshit can we just keep it on subject. I know the deal, I just need a few questions answered.

The very nature of your question shows that you dont really "know the deal" at all, and there's nothing bullshit about the fact that you as a Bulee cant own land

You're the one who asked the question , so have a little bit of courtesy towards someone who responds to it, whether you like their answer or not

N

 

[Blondie]

Hey all, After living here for 3 years now and meeting the right woman I have decided to invest in some land. Me and my fiance are getting married in September but we've found a nice piece of land out near Lovina which we don't want to miss out on. My fiances mother is in talks with the owner now so we're still sorting out a price and getting all the documents ready. Luckily for me my friends and my fiances family own land in the area so we know what its worth and are getting it at a good price.

What I want to know is what is the best way to go about this.

1) Who's name should the land go under. I trust my fiance %100 but I would like my name on the certificate, will I have to change the certificate once we're married? What type of Certificate will be best,

2) What is the best way to bring money over here from NZ, Obviously bank transfer seems logical, what fees are usually involved?

Oh, and one more thing, before you get all "I know enough so don't talk bullshit"

Some of the richest smartest people in the world have pre nuptial agreements to protect them from each other. These are people who are in love like you, and and this is in countries where they have equal rights and where two names on a contract of ownership actually MEANS something. Here it means nothing

And the fact that they have more than you financially is irrelevant… $Millions or $Thousands… it’s what you have and it needs protecting.

Relationships break up and the finances, that you’ve spent your life so far earning need to be protected no matter how large or small. If you bring those funds here and sign them into someone else's name wife or not, they will not be protected and pretending it isn't so will change nothing

But you “trust your fiance 100%” and are asking should you have your name on the certificate????!

Wake up and smell the tropical air!

No better yet… snap at anyone who gives you logical concerned advice when you ask a question, bring your money over from New Zealand to Bali and put it into land that you cant legally own and that will revert to her and her family should anything go wrong between you. Just hand it over… you wouldn’t be the first idiot to do so.

But of course... that won’t happen

I mean… you trust her 100% right?

What can possibly go wrong??


In New Zealand, she as your wife is entitled to half what you own. In Indonesia she as your Indonesian wife owns it all. So name on certificate or not... who gives a toss? It changes nothing


If the whole scenario wasn’t such a horrible thought I’d be laughing my arse off

Come in Spinner!

 

[ronb]

1) Who's name should the land go under. I trust my fiance %100 but I would like my name on the certificate, will I have to change the certificate once we're married? What type of Certificate will be best,

2) What is the best way to bring money over here from NZ, Obviously bank transfer seems logical, what fees are usually involved?

1. The land must be owned by and Indonesian - I think they need to have a Bali ID card. Your fiancee should be OK. Then you have a set contracts between you (or the 2 of you) and the landowner that gives you rights to everything for something like 25 years. These rights include building, using, re-selling etc. I recall a thread in the forum where Gilbert describes these contracts in detail.

2. For the money transfer - you need a bank account here - I use Commonwealth Indonesia. I do transfers via Internet Banking - I currently have a AU$10,000 limit but it could be increased. Their fee is $22 no matter what the size of the transfer - so on a $10,000 transfer you are paying 0.22%. For a much larger transfer, I think you need to go in person to the home bank, fill in forms, pay a bigger fee.

 

[BKT]

Thank you Ron. My Fiance is from Singaraja so it being under her name is cool, Seeing that you're from Lovina can you recommend a good notaris?

 

[spicyayam]

There is an old thread about buying property in Indonesia as a mixed couple, which I read right through some time ago. From what I have read on other sites and forums, if an Indonesian person marries a foreigner they can no longer buy land in Indonesia. Yes, sounds ridiculous, but in the event say your Indonesian spouse died, you would then own the land, which Indonesian law prohibits. Just from my own reading, if you make a pre-nup agreement in Indonesia you can get around this and if anything happened to your spouse, then you have a year to sell.

I know many people say flat out that you shouldn't buy property in Indonesia. I know it does not come without risk, but if you plan to be here some time, it certainly has its benefits. You can spend money improving the property and making it a more comfortable place to live. If you rent you need to negotiate every year the rental price and there is a good chance the landlord will think that he can make much more money by renting it out to someone else.

Also land is still pretty cheap in Lovina, just do your research by consulting a good notary/lawyer. Throw all your questions and concerns at them.

 

[mat]

When I registered my Wedding [in fact had a registry wedding after my local one] in Singaraja, I was asked by the registrar if I wished my wife to own 100% of property bought or that we would own 50% each. We plumped for the 50% which he wrote down on the form and we both signed, a sort of pre or post nup agreement. Maybe things are getting better for the married "tourist". Why ask the question in an official office if I can not own a house/land with my wife?

 

[mat]

Also I know of a case when a "tourist" married a local girl after buying land and building a villa [in her name]. The marriage went sour, they split, the girl claimed ownership and a court case ensued. The case was found in favor of the tourist and a settlement of 50% was ordered. Fact.

 

[BKT]

There is an old thread about buying property in Indonesia as a mixed couple, which I read right through some time ago. From what I have read on other sites and forums, if an Indonesian person marries a foreigner they can no longer buy land in Indonesia. Yes, sounds ridiculous, but in the event say your Indonesian spouse died, you would then own the land, which Indonesian law prohibits. Just from my own reading, if you make a pre-nup agreement in Indonesia you can get around this and if anything happened to your spouse, then you have a year to sell.

I know many people say flat out that you shouldn't buy property in Indonesia. I know it does not come without risk, but if you plan to be here some time, it certainly has its benefits. You can spend money improving the property and making it a more comfortable place to live. If you rent you need to negotiate every year the rental price and there is a good chance the landlord will think that he can make much more money by renting it out to someone else.

Also land is still pretty cheap in Lovina, just do your research by consulting a good notary/lawyer. Throw all your questions and concerns at them.

Thanks spicyayam I read that post a few days ago, from what I gather it seems like notaris are now encouraging couples to have them drawn up incase there are problems down the line (even though a case like this has never been reported). My case is a little different as we're not married yet. I'm thinking we'll have to get something like this drawn up after were married. For now I'm not sure what the best option is. Hopefully someone here has a good Notaris that can steer me in the right direction.

 

[mat]

Also I know of a case when a "tourist" married a local girl after buying land and building a villa [in her name]. The marriage went sour, they split, the girl claimed ownership and a court case ensued. The case was found in favor of the tourist and a settlement of 50% was ordered. Fact.

Correction: 70% in favor of the tourist.