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  1. #1
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    Who owns the house

    heres a question i hope some of you expats can answer before i start building a house in the los...
    you build a house there...you being a farang and the wife a thai citizen...lets say after a few years your wife passes away...even though you the farang paid for the house the wife ownes it 100%....Now who owns the house...the wifes brother...sister...mother father...someone in her family does...right??? and maybe you dont get along with them and vice versa...since you have no rights to the house can they kick you out of it....or even worse sell it right from under you....if any of this is true i might start thinking different about building a house in thailand...

  2. #2
    Thailand Expat adzt1's Avatar
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    keep the receipts for materials . wood can always be taken down n sold ! look into it more!

  3. #3
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    This chestnut again.
    Buy a condo mate.

  4. #4
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    Think you will find in some cases you have 1 year to get out , mabe if they stake their claim .



    I dont think its a 100% mate , but thinking like you are ,,,, are you sure about the strength of your marriage ? do you have doubts in the back of your mind?

    theres lots we can all ponder over , the what ifs etc.


    I allways think its best not to put down on here in black + white about where the money is coming from anyway ,, who knows in the future how hard the authorities are gonna be coming down ? ,, there was talk last year about a big sort out in Phuket ,, about foreigners " financing / owning land illegally "
    I'm proud of my 38" waist , also proud I have never done drugs

  5. #5
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    Can somebody help with this conundrum,many Husbands tell Me that they will put the property in their childrens name. At what age can a Child hold property in Thailand? The Child is born abroad and lives abroad?
    As most of the Fathers are of mature years,the chance of the child kicking out Parents and selling is too far ahead (not seen as a problem)

  6. #6
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    Ok.
    You can't own the land.. but you can own the house.
    The house is just a pile of bricks and not "Thailand".
    Options..
    Set up company 49/51 split and the company owns the land but you are not the majority share holder so you can still get fucked. As Nigel says, it isn't really legal and not within the spirit of the law.
    2.. Buy the land in her name and lease it off your wife for 30 years.. that way she can't get rid of you. But if it goes tits up then you may well not want to be there anyway. You can sell the lease but at a much reduced price.
    3. Get her to borrow the money for the land from the bank and tell her you will service the loan... that way if it goes tits you can walk away with the minimum outlay.
    In essence... keep her name off everything that you have payed outright for.
    Make sure you know who the land belongs to before you buy it, if it's going into her name (I wouldn't do that). I know alot that have bought land and put into the wifes name only to discover it was owned by her father already.
    You cannot own the land!!!!!!!!
    But you can own the house... If your wife dies you have a year to sell the land..unfortunately it has your house on it.. but as soon as your wife dies you may well have visa issues.
    Another matter.
    Falling asleep and waking up is not the same as passing out and coming to.

  7. #7
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    the dogcatcher's Avatar
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    Quote Originally Posted by wasabi View Post
    Can somebody help with this conundrum,many Husbands tell Me that they will put the property in their childrens name. At what age can a Child hold property in Thailand? The Child is born abroad and lives abroad?
    As most of the Fathers are of mature years,the chance of the child kicking out Parents and selling is too far ahead (not seen as a problem)
    We did a thread on this and I don't think we resolved it.

  8. #8
    Member cheekyman's Avatar
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    Quote Originally Posted by thaistyle29
    Who owns the house
    Great question - it has got me thinking - it seems there is no cut and dried answer so far.

  9. #9
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    no, there is.
    You can own the house.. you can't own the land it stands on..

  10. #10
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    ...Sorry about print size, right click and image resize it.....
    Last edited by KEVIN2008; 26-03-2013 at 07:25 AM.

  11. #11
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    Get an usfruct agreement. You will own all rights to the property during your lifetime. There's a thread on TD about it somewhere.

  12. #12
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  13. #13
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    ^ I debit agreement so if you separate then it's payable sorry I forgot that part was important.

  14. #14
    Thailand Expat Jesus Jones's Avatar
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    Quote Originally Posted by Marmite the Dog View Post
    Get an usfruct agreement. You will own all rights to the property during your lifetime. There's a thread on TD about it somewhere.
    Or until the family ends your life prematurely!

  15. #15
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    Marmite the Dog's Avatar
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    Quote Originally Posted by Jesus Jones View Post
    Quote Originally Posted by Marmite the Dog View Post
    Get an usfruct agreement. You will own all rights to the property during your lifetime. There's a thread on TD about it somewhere.
    Or until the family ends your life prematurely!
    True. Luckily, I didn't marry a selfish, 'hi-so' Chinky Thai so I should be in the clear.

  16. #16
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    Quote Originally Posted by nigelandjan
    are you sure about the strength of your marriage ? do you have doubts in the back of your mind?
    Not really the point if she dies.
    The marriage can be as strong as any but if she dies before you I believe you have to be very careful about who inherits what especially if you are not legally married and have only been through a village ceremony.

    step children may hate you, brother or sister in law may be nice and friendly but may not be married to similar.

    It is best to protect yourself as best as you can as soon as you can

  17. #17
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    You can own the house, but unless it is portable, it's not really relevant.

    What you need is to protect your right to reside on the land.

    The company ownership route is popular, but cumbersome. And importantly, untested in law. The way things are going in Phuket, we may see this test soon.

    So assume she owns the land. When she dies she wills it to you. Alot of what happens next depends on your relationship to the family, and to some extent who that family is and how far away they are.
    You have one year to transfer ownership to a legally entitled person. In practice, has anybody heard of this being enforced? Without pressure, it may just be filed and forgotten.

    Protecting your right to reside can be done in several ways, none perfect.
    Deed the land to a child if you have one. As guardian of the child, the land is in your control. Once the child turns 21 the land is theirs. Children, despite your best efforts sometimes go bad....

    Have the wife lease you the land for the maximum time. 30 years. Is this enough?
    The lease agreement will follow any transfer of ownership. A lease implies rent and tax. And given there may be a new owner, write it carefully. Leasing from an outright hostile owner can be both uncomfortable and dangerous.

    Usufract. Usufracts are not a lease, but a right to occupy for the purpose of resource harvesting. THat is specifically menTioned as their purpose. Stone quarrying, timber farming etc. residential living does not come under that description. Usufracts have not been tested in court in this scenario.

    Best case, if you have a kid, leave it to them, and before they reach majority, lease it off them.
    Else lease, and find the nicest bit of the family and give them the property, on the understanding they have to wait for you to move on.

  18. #18
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    Quote Originally Posted by nigelandjan
    I dont think its a 100% mate , but thinking like you are ,,,, are you sure about the strength of your marriage ? do you have doubts in the back of your mind?
    Below is something I read on the internet so unsure as to whether it is 100% accurate but it made me think

    If you have NOT made a legal will:
    Thai law states that where a person dies without having made a will, the whole of the marital estate shall be distributed 'in proportion' among the statutory heirs

    Also, if your spouse has a Thai child from an earlier marriage/union it is also part of the family. If the child is son, the child may inherit and the child's other parent can make a claim



    Section 1629. There are only six classes of statutory heir;and subject to the provisions of Section 1630 paragraph 2, each class is entitled to inherit in the following order:

    1) descendants;
    2) parents;
    3) brothers and sisters of full blood;
    4) brothers and sisters of half blood;
    5) grandparents;
    6) uncles and aunts.

    The surviving spouse is also a statutory heir, subject to the special provisions of Section 1635.

    Section 1630. So long as there is any heir surviving or represented in a class as specified in Section 1629 as the case may be, the heir of the lower class has no right at all to the estate of the deceased.
    However, the forgoing paragraph doe not apply in the particular case where there is any descendant surviving or represented as the case may be, and also the parents or one of them are still surviving; in such case each parent is entitled to the same share as an heir in the degree of children.

    Section 1635. The surviving spouse is entitled to the inheritance of the deceased in the class and according to the division as hereunder provided:

    (1) if there is an heir according to Section 1629 (1) surviving or having representatives as the case may be, such surviving spouse is entitled to the same share as an heir in the degree of children;

    (2) if there is an heir according to Section 1629 (3) and such heir is surviving or has representatives, or if in default of an heir according to Section 1629 (1), there is an heir according to Section 1629 (2) as the case may be, such surviving spouse is entitled to one half of the inheritance;

    (3) if there is an heir according to Section 1629 (4) or (6) and such heir is surviving or has representatives, or if there is an heir according to Section 1629 (5) as the case may be, such surviving spouse is entitled to two-thirds of the inheritance;

    (4) if there is no heir as specified in Section 1629, such surviving spouse is entitled to the whole inheritance.

  19. #19
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    Even though I have never bothered with a usfruct or a Superficy but for those that are interested .....this site is quite useful for info

    Real Estate Law Usufruct Agreement in a Thai marriage

    Superficy forms superficies contracts

  20. #20
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    as said, get a usufruct on the land and house

    your name will be put on the Chanote, you will have the right to live there until you die

    the land can be put into your kids name(s) when they have attained maturity, and they cannot kick you out when you have an argument!

    incidentally, the land office will do all that for you, no need for a lawyer
    I have reported your post

  21. #21
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    ^ all very true in the case of your wife dying first,maybe not so if the marriage goes tits up!!

    Agreements between husband and wife in Thailand

  22. #22
    Thailand Expat adzt1's Avatar
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    in^I didn't read into that but I always thought any contract between husband and wife are nil and void . so the userfract would need to be by someone else and for them to do that they would need the title deeds in their name !!

  23. #23
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    ^ think that's in the event of a divorce..

  24. #24
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    I won't go into to much depth on this, but a usufruct is worse than useless.
    First, if you buy the land through your wife, you will probably have to sign a document at the land office, It says you give the money as a gift and make NO claim on the land. Signing a false statment carries up to 5 years jail.

    Next any agreement between husband and wife can be avided at any time during the marriage.

    A usufruct has nothing to do with habitation, it is an agreement for mining and farming and gives you a farang a right to work in prohibited occupations without a Work permit.

    The land code states the Director General may confiscate any land that he belives to be an attempt to circumvent Thai land laws by an alien, it is also a crimminal offense to give money to a thai nation to buy land for an aliens use.

    The bit that got me banned from TV when I complained about a post being deleted to protect one of their sponsors. The tax department is clear. A usufruct is a business contract and will be taxed as such whether you use the rights or not.

    You as an alien have made false statments, opened a business in a prohibited occupation. Failed to register the company and are evading tax, anyone thinks that's a safe way to go need help.

    Can post the regs if anyone is interested, just take awhile to find the all again. Jim

  25. #25
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    As a foreign alien you lose, no matter what attempt at legality you put on it.None of them will care that it was your money that bought the property, it is there to be had, free money is the drug of choice for all thais. After all two guys on a motorcy with a pistol is way cheaper than any legal fight with some falang
    "in law" just burn the place down before you leave

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