Right of Ownership in Mixed Marriage

[shabaz]

I hope you are all safe during the difficult time of COVID-19.

I am a foreigner and going to marry my Indonesian spouse inshallah by october 2020.

I am planing to purchase a land in bali. So after some research i came to know about Hak pakai & Hak Milik. also Pre-Nup & Post Nup Agreement.

Right of Ownership (Hak Milik) : Selected
This refers to absolute ownership of land and corresponds to freehold title in common law terms. This right can only be held by an Indonesian citizen. It can be sold, transferred, bequeathed, and mortgaged .

Right of Use (Hak Pakai)
This is the right of use over state-owned (crown land) or property owned by public or private persons/entities for a specific purpose for (generally) a finite period and occasionally for an indefinite period. This land right may not be sold, exchanged or transferred unless explicitly stated in an agreement.

As per the indonesian law as per my knowledge a foreigner cannot purchase a land.so i am planning to purchase land under Hak Milik - my wife name but i am the one to pay the full amount for land.

My Question is : Can we mentioned in the notary that the land purchased by me.and i am the solo owner of the land and can purchase ,sale or mortgae.. So In future if any problem between us..does i have the full right on this land as we had mentioned in notary and is this Notary's are consider Legally.

Awaiting for your reply soon.....

 

[matsaleh]

@shabaz, this post is 15 years old.

If the property is purchased under Hak Milik title in your wife's name, only she has the right to sell or mortgage the property and no amount of additional agreements will change that legally.
.

 

[balipod-admin]

Hi @shabaz

As matsaleh mentioned, you replied to a very old post so it is unlikely that those members are still around.

I hope it is ok with you, but I moved your post to a new thread.

 

[Markit]

Shabaz you can have the notary mention you as the lendor of the purchase money to the morgagee (your wife) which may or may not give you some leverage should the marriage fall apart. BUT you might also want to have the notary list you as the lease holder for the next 25 years of the land - that would give you legal right under Indo law to stay and use the property. Having said that if your marriage were to fall apart (as frankly, do most mixed marriages) then you life could be made into a living hell by your Balinese family to get you to leave - legal right or none.
Suggest you really truly reconsider the whole marriage thingy - it has really no benefits for you and the negatives are massive. Just get a local ceremony to keep the inlaws happy and job done.

 

[spicyayam]

I have been married nearly 10 to my Indonesian wife. Most of my friends who have Indonesian spouses have been married for a long time. I don't know if divorce rates are lower or higher than people with the same nationality. The divorce cases which my wife processes do seem to have one thing in common - a wide age gap between the partners.

I don't know if you can get a loan agreement for a spouse. Marriage laws state that all property is to be held jointly unless you have a prenup. Despite what you may hear/read online, the courts do split property up and it's not the case that the local partner just gets everything. I would suggest consulting with a lawyer and hearing their opinion as to which avenue is the best way to protect your property.

 

[Fred2]

Been happily married for over 10 years and we have a post-nup. have a lease if your worried, a mortgage will only cover you for the money, your name will go on the paper work as mortgagee but not as owner, you can't sell, transfer the land.(your just the money man)

 

[Foamcrest]

As I have said before the only legal right a Buleh has over land that is recognised by the courts is a lease. Markit hit the nail on the head when advised to take a 25 year or whatever period you can arrange then have a lease drawn up by a Notary and you have security, not necessarily in your marriage because that’s up to the Gods, but at least you won’t be sleeping on the beach, that’s if they ever open up again.