Marriage Risks Thailand

[saengd]

I'm trying to understand what downside risks exist if I marry my long term female partner, risks that don't exist today by simply living together...I'm just curious, that's all:

 

We've lived together for 17 years,

Our house is in my partners name and I hold an usufruct on the property,

My partner is the sole beneficiary of my UK and Thai wills,

I am the sole beneficiary of her Thai will,

Our investments are all in "either/or" names,

My partner is unlikely to want to change her surname to mine,

My visa is (will shortly be) an O visa based on marriage.

 

Downside risks I can see are:

 

I would loose my right to remain under an O visa based on marriage, if my partner were to predecease me.

the usufruct becomes null and void, which is OK by me,

I think I become jointly liable for her debts in the event of a civil law suit?

 

Is there anything else that I've missed?

 

 

 

 

[Bruce Aussie Chiang Mai]

If she quite a bit younger than you I gave.ble marriage, otherwise retirement.

I been married my wife 7 years but do have retirement, don't worry about money in bank if you love her it help her later.

In your case getting married would not change much.

My wife wanted my name.

????❤????????

[saengd]

Yes indeed. This is all about potentially making the switch from an O-A visa based on retirement to an O visa based on marriage, mostly to avoid the stupidity of the new insurance rule. It doesn't really bother us one way or the other whether we get married or not, nothing in our lives will change, I just want to be sure that if we do get married, there's no aspect I have missed that might come back and bite me downstream.

[Youlike]

I'm also married for a decade and still have my non-o visa. I don't see the problems for you, but you 'll need a bankaccount if you want to extend the visa...and it has to have 400k on it...

[saengd]

1 hour ago, Youlike said:

I'm also married for a decade and still have my non-o visa. I don't see the problems for you, but you 'll need a bankaccount if you want to extend the visa...and it has to have 400k on it...

Understood, I've needed a bank account/funds for the O-A visa I've held for the past eighteen years so that's not an issue, unlike many posters I don't have a problem putting funds into a Thai bank and have plenty of THB here.

[CharlieH]

Just a thought, if you have an accident or illness that incapacitates you she cannot speak or advise anyone as to what or how to proceed, as your wife she can (and vice versa). However, that can be side stepped if you have a living will or write something giving her permission etc.It also makes it much easier to access your affairs if need be.

[Brunolem]

On 11/5/2019 at 3:57 PM, CharlieH said:

Just a thought, if you have an accident or illness that incapacitates you she cannot speak or advise anyone as to what or how to proceed, as your wife she can (and vice versa). However, that can be side stepped if you have a living will or write something giving her permission etc.It also makes it much easier to access your affairs if need be.

Agree with all that. 

 

Actually, I just started a thread (Getting married in Thailand: who and where?) because I am in the same situation as the OP. 

 

I think that being officially married gives a more solid footing, vis-a-vis the administration, in both one's country of origin, and Thailand. 

 

For example, once being officially married, my wife will be entitled to a share of my retirement pension when I pass away, probably long before her. 

 

[robertson468]

On 11/5/2019 at 2:47 PM, Youlike said:

I'm also married for a decade and still have my non-o visa. I don't see the problems for you, but you 'll need a bankaccount if you want to extend the visa...and it has to have 400k on it...

Or a monthly income of 40,000 baht.

[Deerculler]

2 hours ago, Brunolem said:

Agree with all that. 

 

Actually, I just started a thread (Getting married in Thailand: who and where?) because I am in the same situation as the OP. 

 

I think that being officially married gives a more solid footing, vis-a-vis the administration, in both one's country of origin, and Thailand. 

 

For example, once being officially married, my wife will be entitled to a share of my retirement pension when I pass away, probably long before her. 

 

Thanks Brunolem,

My wife will get the same.

[justin case]

On 11/4/2019 at 6:57 PM, saengd said:

I am the sole beneficiary of her Thai will,

if she dies, you have no claim to the house you might have helped fully pay ...

 

vultures will move in soon

 

when s.hit hits the fan, you will see the true thai coming out

[saengd]

5 hours ago, justin case said:

if she dies, you have no claim to the house you might have helped fully pay ...

 

vultures will move in soon

 

when s.hit hits the fan, you will see the true thai coming out

Which part of "sole beneficiary of her will" do you not understand!

 

Given that scenario I would have one year under Thai law to sell the house/land to new owners.

[brianthainess]

On 11/5/2019 at 3:57 PM, CharlieH said:

Just a thought, if you have an accident or illness that incapacitates you she cannot speak or advise anyone as to what or how to proceed, as your wife she can (and vice versa). However, that can be side stepped if you have a living will or write something giving her permission etc.It also makes it much easier to access your affairs if need be.

I had a friend who died here, he was not married but had been with his lady for 7 years, the hospital would not release his body until relatives from the UK arrived.  

[saengd]

6 minutes ago, brianthainess said:

I had a friend who died here, he was not married but had been with his lady for 7 years, the hospital would not release his body until relatives from the UK arrived.  

Yes, they will only release to the next of kin is my understanding.

[xtrnuno41]

why the usufruct will be void and null? It starts working for you then.

You can stay on the property after she dies, up to you die. Thats why you would have the usufruct.

Have to think about what will happen with the property then, after you die.

Maybe make a will together with your wife what should be done with it.

Who could inherited it with all your other possessions.

If you hadnt the usufruct, then you would have to sell it within a year. Or if the house was on your name, you had to find someone to "have" the land and you lease it then.

You can own the house. However you dont have that problem now with the usufruct.

 

I red, your marriage visa will remain valid for the rest of the period of the (visa)year, then you have to change to retirement visa.

 

Her debts? Well in case of a a bank loan , there must be a guarantor, guess you are?, so you ll become and even are already (if you are guarantor) responsible. Bank will come to you.

 

[gk10002000]

On 11/4/2019 at 11:37 PM, saengd said:

Yes indeed. This is all about potentially making the switch from an O-A visa based on retirement to an O visa based on marriage, mostly to avoid the stupidity of the new insurance rule. It doesn't really bother us one way or the other whether we get married or not, nothing in our lives will change, I just want to be sure that if we do get married, there's no aspect I have missed that might come back and bite me downstream.

Unless you have some sort of your own health insurance, you may want to consider getting a Thai health insurance policy, especially since you have been living in the country for so long.  It might help in your decision about marriage or not