Post-nuptial agreement owning property

[bami82]

Me(foreigner) and my wife(local) are thinking of buying a house and creating a post-nuptial agreement so that the property can be fully in her name. It is my understanding that if she would pass away, the property will be inherited by her family (we don't have any children) leaving me empty handed basically forcing me to leave the property.

Is there any way around this except for trusting their word that that wont happen?

[marcus]

(1) ...It is my understanding that if she would pass away, the property will be inherited by her family (we don't have any children) leaving me empty handed basically forcing me to leave the property.

(2) Is there any way around this except for trusting their word that that wont happen?

(1) I guess you as the husband will get at least a part of the inheritance if there is no Will . To know how much you will get you will need to check the inheritance rule , which is different for Muslims and non-Muslims . But the part of the property that you will get have to be sold within one year (see the Law below) , so at the end you may have have to leave the property anyway .

(2) One idea I had a long time ago was to make a document as the proof you lend the money to your wife , so when she dies maybe you could at least get the money back (you better check this with a lawyer) .

Note : The risk is not only if she dies before you but also if you two divorce .


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(non-official translation)
Article 21 of the Land Law (UU no.5 Year 1960)

(1) Only Indonesia citizens may have full property rights.
(2) ...
(3) Foreigners who after the enactment of this Law do obtain property by inheritance without a will... must sell it within one year since obtaining such rights... If after that time period the property is not sold, then that right is lost because the the land is transferred to the state, provided the rights of other parties which encumber still ongoing.


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http://www.expat.or.id/info/inheritanceissues.html (about inheritance)

http://www.livinginindonesiaforum.or...601#post226601 (post no.119 , about Muslim inheritance)

http://hukum.unsrat.ac.id/ma/kompilasi.pdf (Islamic Law - includes inheritance rules)