"Legal" Advice Please

[outofbalance]

My apologies if this is the incorrect forum

My Thai girlfriend has bought two adjoining plots of land in Chiang Mai, in her name.

 I have loaned her money that she used to purchase the second plot.

 The “loan” is just a verbal promise from her that it is “my land/money” if/when we sell it.

She has also asked me to help her financially with the building of a house.

She has verbally agreed to:

Allow me to live in the house until my death (Naturally or unnaturally)

If she dies first that the land and house will be sold and that I receive the sale price of the smaller land (at minimum value, so that it cannot be sold to family or friends for a ridiculously low price).

If I die first that the land must be sold and the money given as instructed in my will, for example willed to my sister.

That I paid for and 30% of the sale from the bigger property and house (also a stipulated minimum value).

 

So my questions are:

Has anyone similar experience?

Can I draw up a legal document to make this official and where are these documents registered?

Can you recommend a lawyer?

[bluesofa]

6 minutes ago, outofbalance said:

 I have loaned her money that she used to purchase the second plot.

 The “loan” is just a verbal promise from her that it is “my land/money” if/when we sell it.

If you've given her the money already without any written agreement, then it's just a gift and no comeback.

 

[happylarry]

As BS has said the moneys gone.....

but if she is in an agreeable mood then you should get her to grant you a usufruct on the property, which will legally allow you to stay there for life.

And for her to make a will leaving you the land in the case of her death.

You then are the legal owner but have to sell it on within one year.

Of course she can change that will at any time without your knowledge and in the case of your death then dont think it will be going anywhere.

HL

 

[Kwasaki]

You cannot own land so buy a portable cabin home. 

You can get a 30year lease. 

Edited January 16, 2019 by Kwasaki

[TommyUK1960]

I did similar thing back in 2009. I sorted some money for my then girlfriend to buy land, Then built a house on it all in girlfriends name. I was just happy with the arrangement that we had at that time. Then in 2015 she asked me to may her. We got married and that sort of helps with the legal side if anything was to happen to her. Anyway we sold up in 2017 and moved to South Wales (UK) and she loves it. Got her own little on line business going and always looking for opportunities.

So it is possible it can work as long as you have a good relationship with your Thai Girl, The only issues are the Thai family and you have to sort that out from day one. I always said I would take care of my wife but made it clear I am not ATM for the family.

[baansgr]

1 hour ago, TommyUK1960 said:

I did similar thing back in 2009. I sorted some money for my then girlfriend to buy land, Then built a house on it all in girlfriends name. I was just happy with the arrangement that we had at that time. Then in 2015 she asked me to may her. We got married and that sort of helps with the legal side if anything was to happen to her. Anyway we sold up in 2017 and moved to South Wales (UK) and she loves it. Got her own little on line business going and always looking for opportunities.

So it is possible it can work as long as you have a good relationship with your Thai Girl, The only issues are the Thai family and you have to sort that out from day one. I always said I would take care of my wife but made it clear I am not ATM for the family.

Very rare whether  on here or in real life to hear a happier  story.  When the house in Thailand was sold did she refund the original cost to you

[ThomasThBKK]

Make a usufruct in your name registered on the backside of the chanote

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[outofbalance]

Thanks for your advice.

Tommy, I’m pleased to hear of your happy story.

My original question is similar to what Baansgr asked you, “Did you ever get any money after the sale of “your” house and land”?

 

Umm I cannot edit my post so I will just try to clarify a few points

 

She has used her own funds to purchase the larger plot of land and we are building a house on this land, and it is here that I want to have the usufruct for the house/land.

 

I have loaned her the money to purchase the smaller adjacent plot on which we want to grow vegetables fruit and other trees.

Should I also obtain (a separate) usufruct for this land?

I know I cannot own land.

I know that I loaned money in good faith only with no contract and that it is probably “gone” if things don’t work out, I accept that, but I would like some legal document that might help me to recover it (to keep her honest so to speak).

 

I just would like some legal document that says that she accepts my financial help, and in return she has agreed to some conditions regarding the future sale of the land and that I can live in the house until (for example) some stipulated time or my death.

She acknowledges that if she dies (before me) I will get some (all) money back from the sale of the smaller land sale and from the sale of the house and larger.  

 

 

 

 

[ThomasThBKK]

Well, if u get a usufruct for the 2 plots she can't really do much without you two agreeing on what can be done/sold.

You would have enough time then to setup some kind of sales contract if she ever sells the stuff.


If i was you i would just mail a bangkok real eastate lawyer and ask for his opinion.

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[baansgr]

The reality  is, if you had lifetime right  to live there and you broke up on bad terms,  it's unlikely you would want to stay there, it's probably  near her family  and friends so your life would be made hell.  Contracts whatever,  getting  anything  back is unlikely even if the law is on your side... Besides,  lawyers would bleed you dry for hundreds of thousands in any event. The bottom line is to never fund or buy anything  other than a foreigner condo.  I've lost millions even though the law is on my side and I know of many many others that  have also.  Loosing money on property  purchases for Thai partners is rife,  By all means waste some money on lawyers setting up whatever  exotic rubbish they tell you to put your mind at rest but it will just be more money  down the drain. 

[KittenKong]

5 hours ago, outofbalance said:

 The “loan” is just a verbal promise from her that it is “my land/money” if/when we sell it.
She has also asked me to help her financially with the building of a house.
She has verbally agreed to:
Allow me to live in the house until my death (Naturally or unnaturally)

I always get all details in writing, be it in Thailand or anywhere else, unless the amount of money is trivial. Even with my own step-father I had a contract drawn up when I lent him a fairly significant sum to pay off his mortgage, and a lien was put on his house in my name. Everyone was happy with that as it covered all eventualities should anyone have died unexpectedly.

 

For every happy-ending story here I have heard a hundred that ended badly. YMMV.