donx

Neither have I. But in my case, I know why. It's because our marriage has never been registered in Thailand and my wife retains her maiden name on her Thai ID which stipulates that she is single. Therefore, I've never needed to attend any of her property purchase nor have I been asked to sign any documents stating that I have no claim (which I don't) to any of her real estate holdings. However, I have provided the funding for her to make these purchases.

My understanding of Thai law is any contract between spouses can be voided by either party at any time during the marriage and up to one year after a divorce. This doesn't have to be after a divorce and it isn't automatically voided upon a divorce. Thus, I believe that both a rental agreement and a usufruct have the same issue.

Are you suggesting that the foreigner providing the mortgage is also the foreigner leasing the land? Don't know if that would work as someone else stated the mortgage needs to come from a financial institution.

Initially, if I remember correctly, you planned on having a Thai friend purchase the house from your x-wife by "transferring" the mortgage from her to your friend. Since I'm sure you discovered this wasn't going to work and your friend would have to qualify for their own mortgage, I'm guessing that the person buying the house isn't the person you initially hoped would purchase it. I also assume that whoever is buying it now is paying in cash - 500K to you and 2.3mil baht to your x-wife. If all of this is correct, are you planning on renting the house from the new owner or are you planning on moving out? I thought your initial plan was to keep living in the house. Is that still your intention?

Because the hotel answered that there isn't a lift because there are only 2 stories, if I were you, I'd find another hotel. The photo of the place shows, to me, that there are 3 stories and not 2.

That's good to hear. I was going to post that since it was your idea to send a deposit that this is not a scam. If he demanded the deposit, that would be different. My guess is that you will receive the rest on the 17th.

Can you clarify something? Are you saying that both you and your wife are non-Thai? If so, then I can understand why most of the lawyers are suggesting having a Thai company own the property.

Storing durian? Filming porn?

Since no one else has responded, I'll take a stab at answering you based upon what I have read within this forum. So, take my response with a grain of salt. When you say the oldest sister isn't married, I'm assuming she doesn't have any children. However, if she does then her 50% share of the house would be divided equally between all of them. If she doesn't have any children, then her 50% of the house would be split evenly among her living siblings, including your wife. Since you said there are currently 5 living siblings, if the oldest sister dies before any other sibling dies, then each of the surviving siblings would split her 50% ownership of the house evenly. Your wife would then own 62.5% of the house and the other 3 siblings would each own 12.5% of the house. Whether the siblings owning 12.5% of the house could force a sale of the property, I do not know. Ideally, it would be best for the oldest sister to make a will designating who she wants to own her share of the house, which I assume is the sister that is currently living there.

From your posts, it sounds like you are interested in paying for a 30 year lease. Do you intend to pay it to whomever is currently owning the land or do you expect some other Thai to purchase the land and then you obtain a 30 year lease from the new owner? So long as the Thai owner is not a child (person under 20 years of age) and the land has a Chanote, then that Thai person should be able to lease you the land and have the lease registered on the Chanote.

Is this Right of Habitation the same as a Superficies? I’ve read on here about the Superficies but this Right of Habitation is a new term to me.

My wife never changed her name on her Thai ID where she is still listed as "Miss". Her Thai Passport has her maiden name as well, but her US identifications (Social Security, Naturalization Certificate, Drivers License, Passport) all have her last name the same as mine. Our three children all have my last name as well. When my wife travels to Thailand, she brings a copy of our Marriage Certificate to prove her Thai name and her US name are the same. Usually only the airlines need to see this. When she travels, she uses her married name. She only provides her Thai Passport to Thai immigration. Sometime they ask to see the boarding pass and in those cases she also shows the Marriage Certificate. She uses her Thai ID to purchase property in Thailand. I have never been required to sign any documents indicating that all the funds for the purchase are her funds. In my humble opinion, my wife's decision not to change her name on Thai identification documents has been a wise decision. Since we live in the US, there hasn't been a need for us to register our marriage in Thailand. I'm not worried about having all the Thai property in her name and I've never asked to have a usufruct or any other type of request to protect myself even though my wife works as a homemaker taking care of our family and doesn't earn any income. All of my children born in the US have received Thai Birth Certificates and Thai Passports. Their US names are translated into Thai and appear in both Thai and English on these documents. My son is the only one that doesn't have a Thai ID because my wife doesn't want him to face the Thai Military Conscription requirement. He is 22 and after he turns 30, we plan on getting him registered in a Thai house book so that he can receive a Thai ID. At that age, we are told that he won't be required to register for the possibility of service in the Thai Military. Both of my daughters are registered in a Thai house book and have received Thai IDs. Fortunately, I haven't had to worry about purchasing land in my children's names. However, we do plan on having them inherit all the Thai property my wife has purchased over the years. Hopefully there won't be any issues with them receiving these properties in the future regardless of the fact that they are "Wasian" (my daughter's term) and have (mostly) Western sounding names.

Are you unable to obtain a Usufruct? Is that why you are pursuing this Right of Habitation?

When my Father-in-law came to visit us in America, he had never used a microwave in his life. He saw my wife using it to heat up food and thought it was a wonderful appliance. One day, my wife found him feeding my son a bowl of melted ice cream. She asked why it was melted and he said he used the microwave because "it makes food taste better." My son was very upset. Then a year or so later, my wife bought a microwave for her and her family to use while we visited them. The next time we visited she saw that the microwave didn't work. Her sister said that her father put something metal in it and that was that.

Now you do!

I can see your reasoning if they skipped out on the last month. Would you do the same if they skipped out after the first month on a 6 month or one year lease? I'm guessing it would depend upon how likely you are to find another tenant. As for the OP, I understand the reasoning for leaving early based upon the conditions of the place he rented. Perhaps I would have done the same in his situation. Fortunately for me, I haven't had to rent anywhere since the mid-1990. I do remember back in the day in the US of A, I broke my lease and was obligated to pay for the remaining months on the lease unless the rental company was able to find another tenant quickly. Luckily another tenant was found and I was off the hook. Yes, that wasn't Thailand and it was a long time ago. I read on this forum all the time about members not paying the last month's rent and expecting the security deposit to be forfeited.

That document appears to be specifically for the purchase of real estate and doesn't appear to have any relevance in the case of the sale of real estate. By the way, I've never signed such a document in all the years I've been married to my Thai wife. She has purchased five land plots during our marriage. However, she still retains her Thai maiden name on her Thai ID card and Thai passport and our marriage was never registered in Thailand.

I think I read that you obtained a loan for a condo that you purchased with your Thai partner. Is it possible that you are not listed on the chanote and that it is your Thai partner that is the sole owner of the condo? I have read about foreigners being guarantors of loans for Thai partners. Such a purchase wouldn't require the funds to come from abroad thus allowing for the foreigner (who isn't actually the owner) to obtain a mortgage.

My understanding is no, this won't work. For instance, I read on threads in this forum that even those that inherit a condo from a non-Thai relative must either sell the condo or bring in funds from abroad matching the value of the condo according to the land office's assessed value. And the situation you propose requires changing the listing of the condo to be within 49% foreign ownership allocation instead of being a Thai owned property. I don't know if it would be possible once you have PR, but it certainly wouldn't be possible without PR or citizenship.

I think Adumbration means that because you are losing the house, land, and a car in the divorce, he/she assumed that your divorce lawyer didn't do a very good job. Therefore you shouldn't use that lawyer. It isn't unusual for a foreigner to receive some (50%?) compensation for assets owned during marriage even when it comes to real estate. Of course, if you don't use a lawyer, then it all comes down to what you are willing to agree to with your spouse. I can't help you in regards to your question of whether the ex-wife is required to sign any documents in order for your daughter to purchase land, but if I remember correctly, this same situation has been posted on this forum in the past and I think one of the threads indicated that the ex-wife didn't need to be involved. You should ask the land office to see what they require and get it in writing. Then take that answer to the seller if the answer is that you don't need the ex-wife's involvement.

My understanding is that the daughter wants all UK assets to go to her and all Thai assets to go to the wife. I could be wrong, but that is how I read one of her response posts.

You mention that a simple Thai Will can be drawn up so that the wife inherits all Thai assets. What about the UK assets? Can those be directed to the daughter using the same Thai Will?

The following is from https://support.apple.com/en-us/HT209044: What you need An iPhone XS, iPhone XS Max, iPhone XR, or later with iOS 12.1 or later A wireless carrier that supports eSIM Set up another cellular plan on your iPhone All iPhone models that support eSIM can have multiple eSIMs and use Dual SIM with two active SIMs at the same time. You can use Dual SIM by using a physical SIM and an eSIM. iPhone 13 models and later also support two active eSIMs. iPhone models without a physical SIM tray support two active eSIMs. Learn how to activate a cellular plan on an eSIM.

Thank you for that information. I just read on PCMag.com that even my old iPhone XS Max has 8 eSIMs, but only one can be active for that phone. Now I see why Apple has gone all in on eSIMs - you can have up to 8 numbers for 8 different carriers. Of course only 2 can be active at a time, but switching between them no longer requires swapping physical SIMs. You just make the change in Settings.

Yes, I did sort of the same thing last year with my T-Mobile SIM on my old phone. However, I did it over the phone with their tech support. Since I don’t have a SIM card slot on the new phone, this method of moving the phone number from a SIM card to an eSIM won’t work.