Indonesian property ownership

There is good news for expatriates married to Indonesian citizens. On Thursday 28th October 2016 the constitutional court ruled that the need for a prenuptial agreement (which, of course, has to be made before marriage) to allow Indonesian citizens in mixed marriages to own property is unconstitutional.

What this means as that Indonesians already married to foreigners but who do not have a prenuptial agreement can now make a contract separating ownership and this will allow the Indonesian to own property. Note that the contract is necessary to nullify local laws that state that in a marriage all assets are of shared ownership. This is good news for those who married an Indonesian and bought property without realizing they needed a prenuptial agreement. Our thanks go to the wonderful people of PerCa (the mixed marriage organization) for fighting and winning this battle

It is, however, important to note that there is no change to the law that says foreigners cannot own land in Indonesia and that nominee ownership arrangements to get around this law are considered absolutely illegal.

Kadek Monic Rustini
PT. Bali Property Indah

indonesian property ownership



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