Expat Husband's Lease For Life On Wife's House

[topfield]

I am new to this section of the forum so please excuse me if this question has already been answered.

A husband pays for a house in Thailand for his Thai wife. Can he register a right to live in the house for his lifetime or as he is over 60 for 30 years ? Can the wife sell the house over her husband's head and without informing her husband and what happens in such a case ? One can imagine a scenario with the husband sharing the house with a strange Thai couple who may have bought it or even worse a Thai man is the purchaser and he is intent on driving the husband out of the house they share, by intimidation, rachman type tactics or whatever.

Secondly, in case of divorce could the wife easily get the court to end the lease for life as part of the divorce settlement so she can sell the house ?

Finally what about the wife's right to obtain a non molestestation order from the court prohibiting the husband from entering the house or being within a certain distance of the property . This is becoming more and more common in England and Wales. Could a spiteful wife intent on gaining her husband's assets resort to such a measure and succeed ?

Thank you.

[backflip]

Happily married, are you?

[billd766]

Speaking for myself only, I have been married for 7 years next month though I have known my wife for 14 years.

The house and all the land is in my wife's name because it is easier for both of us.

I did not sign anything to say that it was her money and that I have no claim on anything.

We have our ups and downs like most married couples and if it comes to divorce I will end up with nothing, much as I did in the UK when I divorced my wife there.

Even if I did win and get the chance to stay I really don't think that I would want to.

I have never gone the lease route though a lot of people have, probably because I am 62 and have a limited time left to live, somewhere between 1 day and 20 to 30 years as it were.

I know that even if I won everything and it was all mine the law in Thailand states that I have to sell it all in a year plus there is a 100% guarantee that when I die, I can't take it with me anyway.

It will all go to my wife and son.

This may not answer all (or any) of your questions other than to show that this IS Thailand and though you could go to court and win it would be a phyrric victory as you would have to sell it.

[lordofdelusion]

To stear the topic off track just a bit, has anyone been able to buy a property, with the land sold to the Thai spouse and you buy the house? The wife would then give you a 30 year lease on the land. I'll be dead in 30 but then the place could fall to our heirs. Is it too late for this OP to get such an arrangement?

[vertigo4u]

I suggest you to visit the pattaya expat club and discuss this matter with the people there !

I - personally - find this an exquisit way, if it would work out without any up-comming complications -

I would consider to do so.

[topfield]

Happily married, are you?

Many expats are very concerned about their rights if after buying a house for their wife whom they have known only a short time a divorce ensues and they lose everything. A friend recently had his name put on the property deeds to ensure his rights and the posting seeks to obtain clarification of the husband's rights over the property.

[pumpuiman]

A home in Thailand costs about as much as a new car in the U.S.

Don't worry about it....you can buy another one.

Be happy, and let go.....consider it a gift now.

You'll live longer!!

[Thumchok]

Happily married, are you?

Many expats are very concerned about their rights if after buying a house for their wife whom they have known only a short time a divorce ensues and they lose everything. A friend recently had his name put on the property deeds to ensure his rights and the posting seeks to obtain clarification of the husband's rights over the property.

I am also very interested n this post . What are the options? I don't want to have to start all over again if things go belly up in the relationship . Is it not correct that Thai women married to Farangs cannot purchase land unless they show that they actually paid for it ?

At this point I am inclined to purchase an investment property back home & unsure of which way to go about building a house here . Any suggestions ?

Cheers ,

Jim .

[Mobi]

If all else fails, you can always follow the tried and tested German method:

German man chainsaws house in two in divorce split

A 43-year-old German decided to settle his imminent divorce by chainsawing a family home in two and making off with his half in a forklift truck.

Police in the eastern town of Sonneberg say the trained mason measured the single-storey summer house, which was some eight metres long and six metres wide, before chainsawing through the wooden roof and walls.

"The man said he was just taking his due," said a police spokesman.

"But I don't think his wife was too pleased."

After finishing the job, the man picked up his half with the forklift truck and drove to his brother's house where he has since been staying.

- Reuters

[thaigene2]

Don't do it. You have too many concerns.

Save yourself the grief! Why do you need to drop all that money anyway? You can RENT a really nice place for far cheaper. Unless you have kids with this woman, my advice would be forget it. If she whings about it - say bye, bye.

[undercover]

If you can't afford to loose it don't do it, it's not just your wife or girlfriend you need to worry about it's the family, any problems and the family drive it home to her to ditch the no good farang and sell the house, seen it a few times, same here the family never ever botherd with me till I bought this place, since then they have been like the grim reeper, I know they ask my wife many many questions !

[lannarebirth]

I am new to this section of the forum so please excuse me if this question has already been answered.

A husband pays for a house in Thailand for his Thai wife. Can he register a right to live in the house for his lifetime or as he is over 60 for 30 years ? Can the wife sell the house over her husband's head and without informing her husband and what happens in such a case ? One can imagine a scenario with the husband sharing the house with a strange Thai couple who may have bought it or even worse a Thai man is the purchaser and he is intent on driving the husband out of the house they share, by intimidation, rachman type tactics or whatever.

Secondly, in case of divorce could the wife easily get the court to end the lease for life as part of the divorce settlement so she can sell the house ?

Finally what about the wife's right to obtain a non molestestation order from the court prohibiting the husband from entering the house or being within a certain distance of the property . This is becoming more and more common in England and Wales. Could a spiteful wife intent on gaining her husband's assets resort to such a measure and succeed ?

Thank you.

She might succeed if you don't have a lease, a usufruct or a superficies; but if you're worried about it you should get one of them. I'd contact Sunbelt with your specifics. In the meantime do a search. There are many recent threads in this subforum discussing these.

[Guest RealEstateBroker]

How about some information about the original post.

[jumnien]

I wouldn't want to structure an agreement that gives my presumed very angry ex-wife a huge windfall upon my early (or immediate) demise!

[quiksilva]

Topfield, as lannare said look into a lifetime usufruct on the property. Im pretty sure that this will provide the solution to the problems mentioned.

I think you'll find nothing offers guarantees against crazed estranged spouses...

[LoveDaBlues]

A simple 30 year lease (with option to renew) would be a good option as you're over 60. A decent Thai lawyer will draw one up for around 10K baht (don't pay more; it's a simple matter and very common). I talked to 4 different Thai lawyers and a company and decided to go this option.

My lawyer also put a handy clause in my lease; if the wife breaks the lease she must pay me one million baht on the spot.

Make sure you hold the chanote in a safe place and no way can she sell the property. Unless she does something illegal and then to the monkey house for her.

[LoveDaBlues]

A home in Thailand costs about as much as a new car in the U.S.

Don't worry about it....you can buy another one.

Be happy, and let go.....consider it a gift now.

You'll live longer!!

Really? Try building a 304 sq. meter home on 5.5 rai for the price of a new car.

[pumpuiman]

A home in Thailand costs about as much as a new car in the U.S.

Don't worry about it....you can buy another one.

Be happy, and let go.....consider it a gift now.

You'll live longer!!

Really? Try building a 304 sq. meter home on 5.5 rai for the price of a new car.

I admit you can spend what you want.

But for most people a house purchase in Thailand is a substantial but not a huge investment.

The point I was trying to make was that you can "lose it all" without suffering much damage.

Write it off and build again.

I consider my home a gift to my wife and her family.

If ever I were not welcome there, I would leave. I couldn't stay in a hostile environment.

I guess the money would be nice, but piece of mind is priceless.....and already I have not a care in the world about who gets what.

Blissfully ignorant you might say

[Khun Bob]

Topfield

In addition to the advice already provided :

Dont buy the land near to family

Dont build a house

Checkout the banks for repos

Get a lease on the land from a thai company who owns the land you have purchased or the bank you have bought it from, not the wife - if you divorce and she wants it she's going to have to work hard to get it

Have a backup place to stay in case things go real bad - buy a small condo freehold - which can be rented out to cover basic costs and provide a small income

Buy a cheap plot of land in the UK that you could live in a caravan, and benefit from whatever the UK Gov will help you with - this of course would be in an extreme case.

Get into the Malaysia my second home program and go live in a rural part of North Malaysia - no thai family there and you own the land freehold. 10 year visa for your self and your family. Cost is similar to Thailand excpet for alchohol - which if your near to thailand you can go to to consume/acquire. Food in malaysia is diferent but just as good as in Thailand. Food in Penang is awesome. Less language problems - Malay is a very easy language to learn. Chakap Bahasa boleh lah ! ( You can speak Malay!) Every sunday in padang besar (Thai/Malaysia border town) there is a market and a special area where malaysians can go to buy cheaper thai goods, without formally leaving malaysia. I have a feeling that you can get into thailand without leaving malaysia formally to do quick purchases and them get back into malaysia...

Of course your wife could be in a good paying job and happy to contribute to the well being of the both of you - putting you before her family - or she may not want to work and places much greater importance on several layers of family before you...

HTH

[LoveDaBlues]

A home in Thailand costs about as much as a new car in the U.S.

Don't worry about it....you can buy another one.

Be happy, and let go.....consider it a gift now.

You'll live longer!!

Really? Try building a 304 sq. meter home on 5.5 rai for the price of a new car.

I admit you can spend what you want.

But for most people a house purchase in Thailand is a substantial but not a huge investment.

The point I was trying to make was that you can "lose it all" without suffering much damage.

Write it off and build again.

I consider my home a gift to my wife and her family.

If ever I were not welcome there, I would leave. I couldn't stay in a hostile environment.

I guess the money would be nice, but piece of mind is priceless.....and already I have not a care in the world about who gets what.

Blissfully ignorant you might say

Different strokes for different folks. I like my wife's family; great, hard-working people. But I don't want them living with me. I prefer my privacy; just me and the wife. The family visits us; staying 1-3 days; we do the same visiting them.

I'm sinking a sizable chunk into my home. IF the wife were to go buggers or (hopefully not) die before me I have the right to live the rest of my life in the home I paid for. There would not be a 'hostile environment' situation becase the wife has no relatives in the village where our home is located.

[thaigene2]

I think one of the main thing the OP needs to ask himself is whether HE would want to continue living in the place if the marriage falls apart. Even if it's not in the same village, and he is occupying a property worth, say - 3 million baht, that's a pretty big incentive for the brothers and cousins to pay him a visit or have someone else do so to either scare him out - or worse.

Personally, I don't think the lease option or usufruct option offer very much peace of mind at all!