Land ownership questions

[Matzzon]

43 minutes ago, Joe Mcseismic said:

Incorrect, you can buy the land for your wife, but, you have to sign the waiver.

Land that I bought in 1999 in the wife's name and built my present house on, was before the waiver. My wife gave me a 30 year lease which is recorded on the back of the chanote.

Yes, that was possible 1999. The interpretations and way of working has changed since then. Today, sometimes, even the wife has to show the origin of the money and that it´s really hers when buying land as wife to foreigner.

[NorthernRyland]

4 hours ago, Matzzon said:

Foreigner can´t buy land for their wife or girl friend legally, like you probably mean. That is because the payment must be made out of her own money. If you given it in the past has no relevance. You might also be forced to sign a document that states you decline any rights or ownership in the land office.

What if you get married and want to live in a house together? You seriously can't buy a home together and liquidate assets in the case of divorce? 

[NorthernRyland]

2 hours ago, Joe Mcseismic said:

Incorrect, you can buy the land for your wife, but, you have to sign the waiver.

Is it possible to design a contract that in the instance of divorce you must sell the house, to either the spouse or on the market? If that's not possible then in divorce you would lose everything right? Lots of conflicting and confusing information on this topic.

[NorthernRyland]

3 hours ago, amykat said:

Oh, how cute.  Will it be in the protected land area where all the government officials who are majorly connected built their super expensive illegal homes ....will you just lease one next to them???

Knife through the heart man. I used to rent a little cabin in the mountains outside of CM and the land lady offered to sell but 1) I had no money and 2) I didn't think it was possible. I really loved it up there but the living situation was terrible unless I could acquire the land and get rid of the noisy neighbors on the plot.

[amykat]

3 minutes ago, genericptr said:

Knife through the heart man. I used to rent a little cabin in the mountains outside of CM and the land lady offered to sell but 1) I had no money and 2) I didn't think it was possible. I really loved it up there but the living situation was terrible unless I could acquire the land and get rid of the noisy neighbors on the plot.

Okay, sorry, I was being sarcastic but pretty shocked with all the negative news going on, currency rates, visa problems many people have, burning and smog problems, etc, that anyone would be considering it, I thought you might be crazy or had never visited before??

[Joe Mcseismic]

14 minutes ago, genericptr said:

Is it possible to design a contract that in the instance of divorce you must sell the house, to either the spouse or on the market? If that's not possible then in divorce you would lose everything right? Lots of conflicting and confusing information on this topic.

What if she decided to ignore the contract?

If you have a lease, then you can stay there until the lease expires.

Of course, if you have been foolish enough to buy land in her home town, or village, you probably wouldn't want to stay there anyway.

If the land and house were bought after the marriage, you would be entitled to half as a divorce settlement, but, you still may have to go to court to force the sale.

[NorthernRyland]

32 minutes ago, amykat said:

Okay, sorry, I was being sarcastic but pretty shocked with all the negative news going on, currency rates, visa problems many people have, burning and smog problems, etc, that anyone would be considering it, I thought you might be crazy or had never visited before??

Thanks. No, I lived in Thailand for 13 years actually. Back in the US now so I have some money finally. ???? I wouldn't mind owning some land in Thailand but it's a breath of fresh air (literally) to be back in the USA.

[NorthernRyland]

26 minutes ago, Joe Mcseismic said:

What if she decided to ignore the contract?

If you have a lease, then you can stay there until the lease expires.

I cringe at the idea of going to Thai contract court. That would suck to have to abandon a home after a lease is up  (and if you build the owner is likely to want the land back to inherit the house) but I seriously doubt I'd be holding on to any thing is Thailand for longer than 30 years.

[Matzzon]

2 hours ago, genericptr said:

What if you get married and want to live in a house together? You seriously can't buy a home together and liquidate assets in the case of divorce? 

No you can´t buy a home together, regarding the land the house stands on. There is a possibility the divide the land and the house on different papers, though. In that case you can own what is built on the land, and also get a contract for leasing the land from your wife who owns that.

The other way is to get a usufruct, whish gives you the right to use, stay and live in the house as long as you live or any other scenarion thta is useful.

 

If you are married when the land is bought, house built or bought, that is considered "sin somros", which means if you sell the house and the land it should be divided equal as with everything else bought during a marriage. If the land and house is bought before the marriage, it´s "sin suan tua", which means it´s all you wife´s because she is probably on the paper.

[KhaoYai]

17 hours ago, Time Traveller said:

1. Using thai nominees is Illegal. But wives can use their own money to buy land.

I think I know what you're getting at on that.  Land Offices used to and maybe still do, ask you to sign a document stating that the money your wife uses to buy land is hers and hers alone - and that you will not make any claim on the property in the future.

 

I don't have time to dig it out right now but I'm pretty sure the document used did not form part of any law and I seem to remember that it has since been ruled illegal.

[ThomasThBKK]

On 8/9/2019 at 7:50 AM, genericptr said:

What if you get married and want to live in a house together? You seriously can't buy a home together and liquidate assets in the case of divorce? 

The trick is not to get married or do the contracts before doing that. 

 

You can lease/usufruct land, straight own the house (superficies), have the land in a company semi-safe etc. But that all doesn't really work when married as contracts between husband and wife are worth nothing.