Dual Ownership of Real Estate

As you know, I have always paid much attention to the legal concerns of foreigners married to Taiwan nationals. In regard to the “dual ownership of real estate”, quite frankly this has always been a confusing matter. However, I had a long talk with a Taiwanese financial advisor yesterday, and I finally figured this out. Here is the situation.


So, the standard procedure is for the Taiwan spouse to purchase the real estate (property).

Step #2: After the property is purchased, it is possible for the Taiwan spouse to GIVE (as a gift) ONE-HALF OF THE PROPERTY to the married partner (spouse).

FEES: I am told that dai-shu fees for such “transfer” of half-ownership, along with all accompanying fees, should not exceed NT$10,000.

That’s nice. But what if my Taiwanese husband died. A real estate agent told me once that there is a law against foreigners owning land, and owning the house includes a portion of the land it rests on. Even if I had a half a house upon his death, what happenes to my rights, as a foreigner, to keep it? If I can keep it, how do I live in, sell, or rent, half a house? Who owns the other half?

As you can gather from my first posting, and from the many other postings in this Forum, the information which the real estate agent gave you is incorrect.

As for “long term residency rights”, you may apply for permanent residency.

My question was not about permanent residency. My question was about living in my given half a house.

The real estate agent stated that foreigners can own land but only if it’s for commercial use. Residential land ownership by foreigners is, supposedly, illegal because that would amount to “occupation.” However, I’d not like to depate this with you. This is an entirely different issue.

What I’m asking about is the ownership of the other half of the property, and my continued ownership of my given half of the property, should my husband die.

As far as I’ve read or heard, female foreign spouses do not inherit the property that their spouse may leave behind because this belongs to the husband’s family. A widow’s children also belong to the husband’s family. Why would half a house be different?

And, supposing I could keep my half a house but couldn’t have my husband’s half? How does that work out?

This information is incorrect.

I find no reference to this in the Hague Convention of 1907 regarding military occupation. Please quote a source for this “allegation”.

If the will leaves it to you, then it is yours.

I have no source for the information about occupation and didn’t ask the real estate agent for one. I figured that if she really wanted to sell us the house, she could/would have.

If the will leaves the other half of the house to me, then it’s mine? Can the will leave the children to me?

If the will leaves the other half of the house to me, does that count as a second “gift” transfer of property from my husband to me? Could he will me the whole house if I didn’t own the other half already? What if the will leaves the other half to someone else?

Serious questions.