Advice Needed Please

[bails]

Hello Everybody,

I would appreciate any advice on my situation which is as follows-- I am married (registered) to a Thai lady. She is a government employee and owns her own house which she had before i came on the scene.We have just bought 10 rai of land and plan to build a home next year. The land of course is in her name and has chanod. I understand it is illegal for a Thai to own more than 1 home. As a way of getting around this i thinking of getting into the 30 year lease arrangement as this would also give me some protection as i will be paying for the new house and would hate to lose everything should things ever turn sour.

I think there may be an alternative to the 30 lease if legally married but i do not know what it is. At the moment i am in Australia and find it almost impossible to research Thai legal issues from here.

Any comments, advice or suggestions would be welcome and appreciated.

Thanks

[Prakanong]

I have never heard of a Thai not being to own more than one home???????

I think the other method of you "owning" the house apart from the 30 year + 30 year lease route is the LTD company route - plenty of discussion on this ie pro's and con's but I do think they have stopped this route now anyway.

With the things they way they are in Thailand re land and property ownership many on this board would say you either go the condo route if you want a place you can own or do not put more into a house you are not prepared to walk away from.

I tend to agree with that point of view but others may differ - I bought a watch with the money I was going to build a house with for my ex-mrs ;-)

[kmart]

I have never heard of a Thai not being to own more than one home???????

I think the other method of you "owning" the house apart from the 30 year + 30 year lease route is the LTD company route - plenty of discussion on this ie pro's and con's but I do think they have stopped this route now anyway.

With the things they way they are in Thailand re land and property ownership many on this board would say you either go the condo route if you want a place you can own or do not put more into a house you are not prepared to walk away from.

I tend to agree with that point of view but others may differ - I bought a watch with the money I was going to build a house with for my ex-mrs ;-)

Thai Nationals can own as many homes as their budget (or credit) can afford. Especially government employees.

Good advice^^.

[Maigo6]

You, as a Farang can never own Land and house in Thailand, and dependent on the location of the property, Company ownerships can be a waste of time and money, even if they were legal.

Example, you build a house in the middle of nowhere on old Farmland, the house is perfect for you, it's your dreamhouse for 3 million Baht, then the marriage turns sour and you want out, even if you had that house in a company name and you could sell it, who's gonna buy it ?

I have a great house that cost a little more than my car did, it's not in my name and I'm quite able to walk away without feeling suicidal and bitter against all things Thai if it came to it.

Maybe I can relax about the situation more than some, but don't spend what you can't walk away from.

Live in her house that she already owns, I would! ( come to think of it, I do !! )

Edited May 8, 2007 by Maigo6

[blizzard]

dont worry guy. just keep the dosh flowing in the right direction and youll be married forever.

ps. what do government workers make here? 40,000 baht monthly?

[bkkmadness]

As far as I know govt workers here are on quite a low wage (5-6000 baht a month starters) but there is a lot of extra benefits to the job such as free healthcare/insurance for the family etc. Something like that anyway.

[GuestHouse]

This question is addressed many times on the Real Estate, Housing, Land Branch where there is plenty of good advice and a lot less flack from guys wanting a flame fest.

My personal view is that before you do anymore investing consider and investigate the following:

Firstly an option exists for an 'Unsufruct' a rentless tenancy that allows you to use the land for your full life, and if the terms are agreed allows you yourself to manage the land (including leasing the land on to a rent paying tenant). Sunbelt Asia have details.

A 30 + 30 year lease has number of issues you need to consider:

You are required to pay a yearly/term rent to the owner (your wife), you might not actually pay this rent but if things go sour she or her family (in the event of her death) may use lack of evidence that you have paid the rent as a means of closing the lease.

The rent is taxed and the tax is paid up for the full term of the lease inadvance - So tax on 30 years of rent when you register the lease.

The second term of the lease cannot be inforced.

However, you may think a lease is a good idea, for example it provides your wife with the security that if she dies you are still paying rent to her family (who are generally dependants - ie mother/father).

So do discuss the merits of lease/unsufruct.

Location/Location/Location.

Love them as I do, I would never want to be living near my wife's parents. There is it me such thing as a healthy distance. That is to a large extent personal. But if things go wrong between you and your wife it can get very personal. All the leases, unsufructs and illegal company route methods combined are useless if you have a property surrounded by your wife's family and you break up with them believing they are entitled to the house you built. They may not want to wait 30 years/until you pop your clogs. You may want to move on with your life (remary etc).

So to me, investing large amounts of money next to mom and pop is not a good idea.

And finally, if you are going ahead with this plan, make sure you speak to a lawyer that can sort out leases/unsufructs AND wills. Which ever route you choose to go, your land usage rights also need to be protected in your wife's will.

This is extremely important for the large numbers of foreigners married to Thai women who have children from an earlier marriage/relationship.

DO NOT SKIMP ON LEGAL ADVICE

[mackayae]

Go to the local Land Office and get a 30 year lease on the land. It is quite easy, they do it everyday.

Once you have the lease, build the house. There is no limit on the amount of land nor the number of houses a Thai can own in Thailand. You will need to bring your passport with valid visa. Your wife will bring her housebook, ID card and title for the land in question. It takes a couple of hours.

[Old Man River]

The lease or condo is the way to go for peace of mind. Also for peace of mind definitely get legal advice.

I sought legal advice on this issue and was told that while the usufruct appears to work, it wasn't originally intended for this purpose (i.e. there may be problems enforcing it). A foreigner can legally own a house, but cannot own the land the house sits on unless it is inherited, in which case a foreigner can inherit up to one rai of land for homestead purposes only. Note, this last statement is somewhat contentious as many on TV believe that the land dept. would not allow a foreigner to own land when push comes to shove despite Thai law to the contrary and this may well be the case (which is why the lease or condo direction gives the most peace of mind). However, you might want to ask your attorney whether it makes sense to also have your wife list you as her beneficiary on the land should she precede you in death.

[bails]

Thanks for the advice everyone! Looks like a visit to Sunbelt is a must next time i am in Bkk.Your replies have given me plenty to think about and pointed me in the right direction.

Thanks again

[blizzard]

bails you are married to a thai lady who has gov. job and you dont live here. how does that work?

[bails]

bails you are married to a thai lady who has gov. job and you dont live here. how does that work?

Hi blizzard

Easy - she lives and works in los and i live and work in Australia until next year when i can retire. If i retire before next April i would have to pay many 000,s of $ to the Australian tax office. In my case i retire after April and pay no tax on my superannuation (retirement fund). The tax saving will be more than enough to pay for a new home to be built in Thailand.

You can imagine there is a fair amount of air travel involved in our marriage under the present circumstances

[Loz]

GOod luck, Sincerely!

Just two questions and by means a flaming:

How long did that Superannuation take to build?

How quickly are you prepared to see that Tax saving go south?

God bless you for seeing the sense in professional advice.

Best of British luck to you sir!!!!

lOz

[bails]

GOod luck, Sincerely!

Just two questions and by means a flaming:

How long did that Superannuation take to build?

How quickly are you prepared to see that Tax saving go south?

God bless you for seeing the sense in professional advice.

Best of British luck to you sir!!!!

lOz

Hello Loz

Thanks for the good luck wishes !

Your questions answered - 1. The superannuation took 31 years to build.

2.I hope to prevent the tax saving going south- first by seeking out professional advice from at least two legal professionals. Secondly by following advice my father gave me when i was 17.i.e. "remember to never let your balls overpower your brain" This commandment has stood me in good stead over the years.

cheersl