What Happens to our House if my wife dies?

[ooyha]

it passes to her family,so keep friendly with them

[inThailand]

An original signed Will from her is all you need, ideally witnessed by two Thais and two Foreigners. Easy peasy. 

[Netease]

Is a foreign Will valid in Thailand 

[LukKrueng]

13 hours ago, Liverpool Lou said:

Please explain how a foreigner can legally buy land in Thailand.

You can't and you're name is not on the chanot, but in case of divorce the foreign husband is entitled to the value of 50% of the property's value, so either the wife buys that half off you or she sells and pays you half the money. Same as if you buy a condo and register it on your name only - you'd have to buy the wife's share. Off course if it goes to court the court might divide all values properties and owned assets differently such as in the op case where he owns the condo and she owns the land the court might rule that they each gets what's registered in their names. 

[Liverpool Lou]

3 hours ago, LukKrueng said:

16 hours ago, Liverpool Lou said:

Please explain how a foreigner can legally buy land in Thailand.

You can't and you're name is not on the chanot,

I know that.

 

The reason I asked you is because this is what you posted...

"If you [the OP, a foreigner] bought the land after you got married you're entitled to half the property anyway".

[Liverpool Lou]

14 hours ago, BritManToo said:

16 hours ago, Liverpool Lou said:

Of course, not...

If the foreigner fails to dispose of the land the Director-General of the Land Department is authorized to dispose of the land and retain a fee of 5% of the sale price before any deductions or taxes.

There are no reports of this ever happening.

Maybe there are no reports as far as you know.   But, so what?  What's your point?  

[LukKrueng]

19 minutes ago, Liverpool Lou said:

I know that.

 

The reason I asked you is because this is what you posted...

"If you [the OP, a foreigner] bought the land after you got married you're entitled to half the property anyway".

OK, technically speaking: if the op's wife bought the land after she was married to you (as in to the op)...

More clear?  

[Liverpool Lou]

8 minutes ago, LukKrueng said:

29 minutes ago, Liverpool Lou said:

I know that.

 

The reason I asked you is because this is what you posted...

"If you [the OP, a foreigner] bought the land after you got married you're entitled to half the property anyway".

Expand  

OK, technically speaking: if the op's wife bought the land after she was married to you (as in to the op)...

More clear?  

Clarity wasn't the issue, neither were "technicalities".

 

Accuracy, when you are trying to give advice to the OP, is the issue.  Your original comment was just wrong.   Now it's correct.

 

More clear?

[BritManToo]

58 minutes ago, Liverpool Lou said:

Maybe there are no reports as far as you know.   But, so what?  What's your point?  

My point is people on this forum repeat inaccurate BS time after time as if they really knew.
If your wife died, 1) Why did you complete probate? and 2) Did someone actually force you to sell or did they just say something that frightened you a little?

 

Nobody on this forum has ever answered either of those questions.

 

[LukKrueng]

38 minutes ago, Liverpool Lou said:

Clarity wasn't the issue, neither were "technicalities".

 

Accuracy, when you are trying to give advice to the OP, is the issue.  Your original comment was just wrong.   Now it's correct.

 

More clear?

Yes. Thank you very much

[Liverpool Lou]

43 minutes ago, BritManToo said:

1 hour ago, Liverpool Lou said:

Maybe there are no reports as far as you know.   But, so what?  What's your point?  

My point is people on this forum repeat inaccurate BS time after time as if they really knew.
If your wife died, 1) Why did you complete probate? and 2) Did someone actually force you to sell or did they just say something that frightened you a little?

 

Nobody on this forum has ever answered either of those questions.

1.  Because it's a legal requirement.  

Thai probate and inheritance law applies on the death of a person and his property has to be divided among his legal heirs or any person mentioned under his will. In order to transfer property in Thailand after the death of a person, it is necessary to obtain a court order after it has been proven that the person receiving the property is a legal heir or that his name was stated in the deceased person’s will.

 

2.  It's not about "force" or "scare tactics", it's about the law regarding foreigners' inheriting land.

[GuyDow]

21 hours ago, LukKrueng said:

 

If you're legally married you can't have a  usufruct nor a lease drawn between you and your wife. 

 

My wife registered a usufruct at the land office.

 

Maybe it depends on what you mean by "legally married". We married outside Thailand but the marriage was recorded at the ampheur. Supporting documents included an official translation of the original marriage certificate.

[BritManToo]

1 hour ago, Liverpool Lou said:

1.  Because it's a legal requirement.  

Thai probate and inheritance law applies on the death of a person and his property has to be divided among his legal heirs or any person mentioned under his will. In order to transfer property in Thailand after the death of a person, it is necessary to obtain a court order after it has been proven that the person receiving the property is a legal heir or that his name was stated in the deceased person’s will.

 

It's a legal requirement with no time limit specified.

1 week, 5 years, 10 years all legal, especially if you're the only heir.

 

 

Lawyers in all countries earn fortunes wiggling around the details of laws.

[Hanuman2547]

My Thai wife passed away almost 16 years ago which was very unexpected.  We just transferred ownership of the land and houses that we owned to my oldest luk krueng son about six months later when he turned 20.  It wasn't too difficult to do but there were a lot of forms to fill out.  You also have to go to each amphur if you have multiple properties.  Would be nice if it you could do it all at once at just one central office but that was not possible.  

[keithcresswell]

On 5/25/2021 at 10:12 PM, BritManToo said:

There are no reports of this ever happening.

@keithcresswellwhy did you complete probate?

Its a long story.

[wprime]

You mean what happens to "her" house. It depends on her will.

[Delight]

On 5/26/2021 at 12:40 PM, Liverpool Lou said:

I know that.

 

The reason I asked you is because this is what you posted...

"If you [the OP, a foreigner] bought the land after you got married you're entitled to half the property anyway".

 I think that this provision (half the house) only applies in the case of divorce.

Without a will -in favour of the surviving spouse -then this surviving spouse gets nothing -unless the deceased wife had children the father of which  being  the surviving foreign spouse. 

 

An earlier post detailed the law in this respect.

 

[Heng]

I know it won't apply to everyone, but the Thai Chinese way was to just let your oldest LEGAL Thai child inherit it.   By generation 2, it's a non issue.  That system seems to have worked pretty well.