balibule

Active Member
Feb 6, 2009
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Hi Fred

Don't have the name of the lawyer right now.

Inherit is different from divorce.
 

Tango67

Member
Jan 28, 2011
54
0
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Macau
i understand my name cannot be on the title, but the facts are i am Australian and my wife is Balinese we were married in HK without a pre nup, and our daughter is holding an Indonesian passport.

Can the title still be in my wifes name or can it be in my daughters name?
 

Tango67

Member
Jan 28, 2011
54
0
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Macau
looks like a divorce is on the cards......:livid:
followed by a pre nup and another wedding?:icon_rolleyes:

or i put the land in her mothers name?
 

Fred2

Well-Known Member
Oct 13, 2010
1,182
83
48
Surabaya/Australia
People have done that, remarry,
I think your daughter has to be 18 years old to own land.
You could have a agreement between you & your mothein-lawaw makes life easy.:icon_mrgreen:
 

gilbert de jong

Active Member
Jan 20, 2009
3,198
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Panji, Singaraja.
So if you register your marriage in your home country, could she go & take 1/2?????????
I think that in Australia your wife takes 1/2, so if she is legally married to you, I think that if my wife went to Australia & applied to the courts she could get 1/2?????????
I wonder if a pre-nup in Indonesia would be recognized in your home country????????

I haven't registered my wedding back in NL or via the embassy, just got the letter that "the NL" has no problem for me to get married..haven't let them know that
I did get married. But when registered in NL, in theory she could. Even if I would register it in NL, no way she could touch a thing there, we are married
"till death do us part"...know what I mean? :icon_wink:


several options tango imho....
1: ask the notary to backdate the prenup to a date before the date on the HK certificate.
2: make a prenup, then do the hindu-ceremonie and register that wedding at the kantor sipil.

ow I forgot to ask...just to complicate it a bit more, hehehe :icon_wink:
does your wife now have the same last name as you?


@balibule....50-50, in theory yes, but when land house and maybe other stuff is all in her name, it would be like the husband would try and get 50..know what I mean?
 

Tango67

Member
Jan 28, 2011
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Macau
thanks Gilbert,
My wifes passport is still in her name?
as far as backdating the pre nup goes i was thinking that myself or else we will put it in her mothers name?
 

gilbert de jong

Active Member
Jan 20, 2009
3,198
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Panji, Singaraja.
good thing she didn't take your last name, sometimes notary's are reluctant to put land titles in western lastnames...maybe because of the law, "a wife of a foreigner cannot own land,
something like that...don't know the details about that though...haven't bothered to check it out in detail, since if there is a law like that it's bullocks :highly_amused:

you could put it in her mother's name, but I would advise against that....reason behind this, her mam is older and therefor most likely to die before your wife..maybe your wife has sisters or brothers who could cause trouble, when mam dies.
your kid is very young to be a landowner, but it wouldn't hurt to ask your notary if you could put in her name....
I do know that an legal guardian/mother signs the contracts in name of the minor kid..but your kid is a baby, and the one I mention was 12 years old.
btw, your daughter can hold two nationality's till she 21...at 18 they are given the choice, but have three years to make up their mind.
now if the land would be in her name, she might be 'forced' to choose Indonesian..


there's also a thing called a postnup :icon_wink:, same thing as a prenup...just not registered with the catatan sipil as part of the marriage.
maybe the most easiest to do is just that.
 

Tango67

Member
Jan 28, 2011
54
0
6
Macau
thanks, i did read about a post nup but aparently its not legally recognised?
anyway i will email our notary and see what they suggest?
bloody messy situation anyway....lol
 

Fred2

Well-Known Member
Oct 13, 2010
1,182
83
48
Surabaya/Australia
To register the pre-nup, it needs to have a stamp from the court, so back dating, more people, more money:icon_mrgreen:
Best is to have a agreement drawn up between your mother in-law, your wife & yourself. Then you could transfer it to your daughter when she is old enough, by that time the law will change & we could all own land:icon_mrgreen:.
We own a house in Surabaya in a expensive area, have all the paper work but not the title, thats were we came unstuck, no pre-nup. I have not been too worried as i have to pay 50mill tax so I will wait. I will change it all to my father in-laws name. Its like beaning on a no work visa & having to summit a tax return every year:icon_rolleyes:, In Indonesia you have to be able to take your time & laugh a lot:icon_biggrin:
 

alphonso

Member
May 26, 2011
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0
6
From your comments though Alphonso it seems you have a very narrow minded view about mixed marriages here in Bali. There are plenty of decent honest local people here on the island, maybe you should get out more and meet some of them, who knows you might even make some friends. :icon_mrgreen:

Good onya, BKT, way to go making it personal. Looks like I touched a nerve there.

You seem to be doing ok posting your own "narrow minded views" on this forum, with impunity, but it's not ok for the gander eh?

But please, do us all a favour and do away with the pretense...

Just so you know everything is going to be in my Fiances name, call me crazy, I would too if some one came on here and said they were buying land under their fiances name given that there are so many horror stories out there. If I find she's and her family are scamming me I would not only walk away quietly but give her an oscar for a fabulous acting performance.
 

balibule

Active Member
Feb 6, 2009
1,059
1
38
Good onya, BKT, way to go making it personal. Looks like I touched a nerve there.

You seem to be doing ok posting your own "narrow minded views" on this forum, with impunity, but it's not ok for the gander eh?

But please, do us all a favour and do away with the pretense...

Ha, the good old fashioned Balipod bashing. I was already amazed how we went through 50 posts without insults.

Congratulations Alphonso!
 

Fred2

Well-Known Member
Oct 13, 2010
1,182
83
48
Surabaya/Australia
good thing she didn't take your last name, sometimes notary's are reluctant to put land titles in western lastnames...maybe because of the law, "a wife of a foreigner cannot own land,
something like that...don't know the details about that though...haven't bothered to check it out in detail, since if there is a law like that it's bullocks
Article 21

(1) Only Indonesian citizens can have a hak milik.
(2) The Government is to determine which corporate bodies can have a hak milik and the conditions thereof.
(3) A foreigner who, following the entry into force of this Act, acquires a hak milik by way of inheritance without a will or by way of joint ownership of property resulting from marriage and an Indonesian citizen holding a hak milik who, following the entry into force of this Act, loses Indonesian citizenship is obliged to relinquish that right within one year following the date the hak milik is acquired in the case of the former or following the date upon which Indonesian citizenship is lost in the case of the latter. If following the expiry of the said timr periods, the right is not relinquished, then the siad right is nullified for the sake of law and the land falls to the State with the proviso that the rights of other parties which encumber the lands remain in existence.
(4) As long as one with Indonesian citizenship concurrently holds foreign citizenship, he/she cannot have land with the status of a hak milik, and to him/her the provision as meant in paragraph 3 of this article shall apply.

Article 22
I hope this helps gilbert
 

JohnnyCool

Well-Known Member
Jan 10, 2009
1,414
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48
Sanur
a wife of a foreigner cannot own land

Hi gilbert

I/we have been told many times that "a wife of a foreigner cannot own land", by lawyers and notaries.
My Indonesian wife is understandably pissed-off by this (me, too). What are we supposed to do? Get "divorced", (maybe a one year project).

Whilst I can understand the "logic" behind it, (if I try hard enough), I think it's ridiculous.
WTF. One minute you're a normal Indonesian citizen, but marry a foreigner and suddenly you can't "legally" own land in your own country.

I used to wonder why many taxi drivers in Singapore would laugh hysterically when I told them I live in Indonesia. Now I know.

Does anybody like the latest Indonesian advertising campaigns on TV?
Two spring to mind. The total crap that Garuda Airways is sprouting and Jero Whacko's "Wonderful Indonesia". Oh, and there's a third one about how easy and straightforward it is to invest in this country.

I thought those kinds of drugs are illegal here, but what would I know.

And don't get me started about the "new Immigration laws".

:icon_mrgreen:
 

alphonso

Member
May 26, 2011
51
0
6
Ha, the good old fashioned Balipod bashing. I was already amazed how we went through 50 posts without insults.

Congratulations Alphonso!

Thanks, balibule! If you look carefully i think you'll find he started it. I'm just putting it right. :icon_mrgreen:

And now that this thread is morphing into a 'can a foreigner own land' topic, here are some more narrow minded views on this very topic...

Bulee's can't own land
 
Last edited by a moderator:

JohnnyCool

Well-Known Member
Jan 10, 2009
1,414
88
48
Sanur
@Fred2

(1) Only Indonesian citizens can have a hak milik.
(2) The Government is to determine which corporate bodies can have a hak milik and the conditions thereof.
(3) A foreigner who, following the entry into force of this Act, acquires a hak milik by way of inheritance without a will or by way of joint ownership of property resulting from marriage and an Indonesian citizen holding a hak milik who, following the entry into force of this Act, loses Indonesian citizenship is obliged to relinquish that right within one year following the date the hak milik is acquired in the case of the former or following the date upon which Indonesian citizenship is lost in the case of the latter. If following the expiry of the said timr periods, the right is not relinquished, then the siad right is nullified for the sake of law and the land falls to the State with the proviso that the rights of other parties which encumber the lands remain in existence.
(4) As long as one with Indonesian citizenship concurrently holds foreign citizenship, he/she cannot have land with the status of a hak milik, and to him/her the provision as meant in paragraph 3 of this article shall apply.
Thank you for the above. However, I don't really understand it.

What do you think? Can an Indonesian married to a foreigner own land or not?
 

BKT

Member
Apr 2, 2010
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Good onya, BKT, way to go making it personal. Looks like I touched a nerve there.

You seem to be doing ok posting your own "narrow minded views" on this forum, with impunity, but it's not ok for the gander eh?

But please, do us all a favour and do away with the pretense...

Ah I remember me writing that :icon_biggrin: , by saying that I was hoping to avoid pages of people discouraging me from going through with buying land under my then fiancés name, fat lot of good it did, I guess there will always be people that think they know everything. Such as yourself
 

gilbert de jong

Active Member
Jan 20, 2009
3,198
3
36
Panji, Singaraja.
good thing she didn't take your last name, sometimes notary's are reluctant to put land titles in western lastnames...maybe because of the law, "a wife of a foreigner cannot own land,
something like that...don't know the details about that though...haven't bothered to check it out in detail, since if there is a law like that it's bullocks
Article 21

(1) Only Indonesian citizens can have a hak milik.
(2) The Government is to determine which corporate bodies can have a hak milik and the conditions thereof.
(3) A foreigner who, following the entry into force of this Act, acquires a hak milik by way of inheritance without a will or by way of joint ownership of property resulting from marriage and an Indonesian citizen holding a hak milik who, following the entry into force of this Act, loses Indonesian citizenship is obliged to relinquish that right within one year following the date the hak milik is acquired in the case of the former or following the date upon which Indonesian citizenship is lost in the case of the latter. If following the expiry of the said timr periods, the right is not relinquished, then the siad right is nullified for the sake of law and the land falls to the State with the proviso that the rights of other parties which encumber the lands remain in existence.
(4) As long as one with Indonesian citizenship concurrently holds foreign citizenship, he/she cannot have land with the status of a hak milik, and to him/her the provision as meant in paragraph 3 of this article shall apply.

Article 22
I hope this helps gilbert

it does a bit...so if I read right under 3, marrying doesn't affect the property-ownership, only if the spouse changes her citizenship.
There's something about losing citizenship, but I can't see/understand why an indonesian women who gets married to an foreigner,
would lose her indonesian citizenship...

I meant 'bullocks' because I know alot of indonesian women who are married to an foreigner and own land/businesses/houses etcetc..
so typically another law that isn't enforced/implemented as it is written maybe??

as for alphonso and BKT...I can see both viewpoints, and you are both right (imho)
because it's true that alot of Indonesian girls marry a foreigner to better themself, meaning getting a better quality of life.
but also true, some Indonesian girls born in rich family's marry with a foreigner...obviously money/status is not their motivation.
but I am no Dr.Phil or oprah, hahaha...nor do I worry about if it's a marriage out of love or not, the important thing is the sex is great and my future children will either be very handsome or very beautyfull :highly_amused:
 

gilbert de jong

Active Member
Jan 20, 2009
3,198
3
36
Panji, Singaraja.
Hi gilbert

I/we have been told many times that "a wife of a foreigner cannot own land", by lawyers and notaries.
My Indonesian wife is understandably pissed-off by this (me, too). What are we supposed to do? Get "divorced", (maybe a one year project).

Whilst I can understand the "logic" behind it, (if I try hard enough), I think it's ridiculous.
WTF. One minute you're a normal Indonesian citizen, but marry a foreigner and suddenly you can't "legally" own land in your own country.

I used to wonder why many taxi drivers in Singapore would laugh hysterically when I told them I live in Indonesia. Now I know.

Does anybody like the latest Indonesian advertising campaigns on TV?
Two spring to mind. The total crap that Garuda Airways is sprouting and Jero Whacko's "Wonderful Indonesia". Oh, and there's a third one about how easy and straightforward it is to invest in this country.

I thought those kinds of drugs are illegal here, but what would I know.

And don't get me started about the "new Immigration laws".

:icon_mrgreen:



even if I try really really really hard, I can't see the logic behind it?

as for the advertising..trsut me those garuda flatbeds are amazing :icon_mrgreen:
recently don't see any add's about investing in Indonesia, I see alot "do you have 200.000 USD?...then you cannot own 1 US property, not two, not three, not four, but five US properties" :highly_amused:
 

alphonso

Member
May 26, 2011
51
0
6
I guess there will always be people that think they know everything. Such as yourself

I'm pretty sure i don't know everything. I was "confused" about the Indo prenup, remember?, so that's at least one thing.

But you harping on about how warm and fuzzy the Indo's are is a bit rich considering your awareness of all the "horror stories" and "scamming" and "acting performances" that really go on - as per an earlier post of yours. Just because you've upgraded from fiance to husband doesn't mean the rest of the Indo's have now all turned over a new leaf. :highly_amused:

And you may like to rethink your eagerness to make personal attacks. You've got a habit of doing it on this forum and some ppl get offended and then don't come back no more. It's cyber bullying. So you're married to a 3/4 Chinese 1/4 Indo wifey - bully for you! Seriously, i wish you well. But do we now all need to tread carefully and not have any dissenting views because of it? Or when you have another personal go you must then be prepared to cop some choice sheep f*cking remarks, right??? Seriously.