Arggg! My Wife Stole My House!

[moziman]

Hi,

Sorry new here, just thought it might be interesting to hear of peoples experiences good or bad regarding the legal side of Ex pat living in Thailand, does it work for you?

An example of a question I would like cleared up is regarding the 30 year lease contract drawn up between a Thai wife (house owner) and Falang husband lease holder.

I have been told many times that this arrangement is the only way to go when wanting non condo property or land.(Not including setting up a company with Thai employees, very high fees and proper accountability etc)

So the question is this: if the land documents are correctly filled out and the 30 year lease contract is correctly performed and lease payments are paid etc, is there any circumstance where the lease holder can be legally ejected from the house before the 30 year lease has expired?

If anyone has ever heard of this happening or it has happened to them could you please post the circumstances under which it happened and if it was legally binding. I am aware of non legal ways this could happen, threats, murder etc.

I am curious because I have heard many rumors while living in Thailand of this happening but I am highly skeptical that the individuals did actually even have a lease agreement in the first place and are too embraced to admit that they did actually only buy the house in their wives name or had some other legal agreement that is irrelevant in a dispute case under Thai law.

My main reason for asking this is I have many people asking my advice on buying safely in Thailand and I am uncomfortable helping if there is the slightest chance of them getting burnt.

Any inputs would be appreciated,

TIA

moziman

[JimGant]

I've gone the 30-year lease route, and feel secure in it. And several others on this forum have too, although I don't recall any examples of subsequent divorce/death/sales events that have tested the lease law.

And while there is nothing certain with Thai law, I would expect a correctly recorded lease to stand up. I know my name is on the title as the lessee, appropriate rents were calculated and related fees paid, and the Big Kahuna at the land office (the guy with the biggest desk) signed off on it.

The worst that could happen, IMO, is that a subsequent landlord (after the wife dies or sells out on you) could be a real pain in the butt. The lease allows you to continue living on the property, but it might not be very pleasant. Fortunately, in my case, the wife checking out first is my only concern, and only in regard to which of my all-nice relatives gets to inherit "my" house.

Hopefully, the law on farang land ownership will change before any of this happens. But, as executor of the wife's will, I will delay transfer of title as long as possible (don't have any facts on how long this could be), hoping for a law change to occur.

I have a feeling the lease problems you hear about are all due to non recording, either thru inertia, or more probably by scam. I can just picture the starry eyed farang and his newly converted BG waltzing into the land office, where all business is conducted in an incomprehensible language, money changes hands (possibly even with a crooked lawyer involved), everyone smiles, and the farang may even get a piece of paper said to be a lease. But if you don't sit down and exchange many signatures with the Big Kahuna, you may have gotten scammed.

BUT WHAT IF THE BIG KAHUNA IS IN ON IT? AAAAAAAAAAAAAAA!!

What, me worry?

[Yohan]

The worst that could happen, IMO, is that a subsequent landlord (after the wife dies or sells out on you) could be a real pain in the butt. The lease allows you to continue living on the property, but it might not be very pleasant.

This should be also regulated before it happens....

Testament of the wife and mortgage repayment regulation to the foreign husband is a possible solution.

Best for the foreigner is not to quarrel around with the Thai family, who are all eager lining up for inheritage....

-*You give me money, and I run*-

This is the motto of my friend, who is married with a Thai wife for many years. You never know about what might happen in the future.

Without the Thai wife to insist to continue to live among her Thai relatives often does not make real sense.

Best is for sure in some of such cases to accept money in return of the land documents and to leave such a place for always...

Johann