Should my wife die before me...

[StayinThailand2much]

22 minutes ago, Hummin said:

My gf say Her family will let me stay, but can not bring a new gf there.
 

Im sure a old auntie or someone in the family will take care of me,just to keep me in family. What you all think?
 

 

Do it the 'Thai way', and tell them your new gf is in fact your 'sister'... Well, perhaps, half-sister. ????

Edited February 7, 2022 by StayinThailand2much

[Pravda]

How can we decide if your wife should die before you? 

[chalawaan]

If she does the right thing -then she probably should, and give you time off for bad behaviour. ????

[jim hayes]

On 8/27/2021 at 10:17 AM, Bangkok Barry said:

I'm aware that the house would need to be sold within a year, and I'm sure her trusted family could deal with the intricacies of that and give me the funds.

What if the husband wishes to continue living in the house with a child from the marriage?

[Hummin]

22 minutes ago, StayinThailand2much said:

Do it the 'Thai way', and tell them your new gf is in fact your 'sister'... Well, perhaps, half-sister. ????

Nå, I think I will leave it for her brother! Very nice guy

[Bangkok Barry]

22 minutes ago, jim hayes said:

What if the husband wishes to continue living in the house with a child from the marriage?

I'm not the person to ask. But an interesting question. Can the house be transferred to the child (assuming the child is registered as Thai), and is there a minimum age for that?

[Muzzique]

On 8/27/2021 at 5:27 AM, KannikaP said:

the house, car & assets will automatically go to her two grown up children, who have promised that I can live in 'their' house and drive 'their' car until I die.

So about a week then.

[connda]

50 minutes ago, Bangkok Barry said:

I'm not the person to ask. But an interesting question. Can the house be transferred to the child (assuming the child is registered as Thai), and is there a minimum age for that?

You have a Usufruct contract drawn up that gives you the right to remain on the land until you die. 
You have a Will that transfers all assets other than the land to you.  Your house is not "land."  It's a separate asset class. 
My own will transfers the rights of all assets (house, out-buildings, everything contained in the house and outside the house on the land, cars motorcycles etc) to me.
I'll have my lawyer present the Will to probate court.  My stepson understands everything and has a copy of the Will.  The land becomes my son's land.  I've raised the kid so we have a father-son relationship.  He understands I'll live there until I die as per the Usufruct (or I leave Thailand permanently) after which it's all his.  And he's my sole heir. 
So, Usufruct - Land; Will - everything else.

If you don't have a Will they our claim gets tossed to the Probate court.  As a non-Thai, you probably don't want that to happen.  I you don't want a long involved Will, then fill out a Will at the regional Amphur office.  That will protect your interests.  But if you purchased your wife's land and want to live out your life on it - get a Usufruct contract.  You're name is placed on the charnote/land-deed.  Ever if the land is sold from underneath you you still have a claim on it.  Short of ending your life early, there is not much anyone can do to remove you from the land. 

[Denim]

5 hours ago, Hummin said:

I always do ! 
 

How did you know about Selma?

 

I knew nothing about her until she looked me up when she was passing through Bangkok.

 

But that's a long story.

[KhaoYai]

17 hours ago, JimGant said:

That's why you need to get a 30-year lease, or a usefruct (assuming you want to remain living there). This encumbers the chanote so that any potential buyer would not be too excited about buying a piece of property with a non rent paying farang firmly ensconced on such property.

A Usufruct can do more than that. My Usufruct prevents sale of the land or a mortgage being taken out over it without my permission.

[lopburi3]

5 minutes ago, KhaoYai said:

A Usufruct can do more than that. My Usufruct prevents sale of the land or a mortgage being taken out over it without my permission.

Having less than high regard for some actors in the legal profession would prefer to see the proof in the pudding than have their assurances.  Not everything on paper is treated as real and legal when push comes to shove (idiom day).

[Hummin]

13 minutes ago, KhaoYai said:

A Usufruct can do more than that. My Usufruct prevents sale of the land or a mortgage being taken out over it without my permission.

You have a link how to do it? And are you sure it is legaly confirmed and approved?
 

I know we can make any contract we want, but still, it just doesnt work that way as we believe it would.

[Hummin]

Just now, lopburi3 said:

Having less than high regard for some actors in the legal profession would prefer to see the proof in the pudding than have their assurances.  Not everything on paper is treated as real and legal when push comes to shove (idiom day).

Exactly 

[Hummin]

6) It is possible to cancel or void a usufruct agreement

If you are NOT married to the owner granting you the usufruct, we believe it is not possible to cancel a usufruct and you are legally protected.

If you are legally married to the owner, Thai lawyers disagree on the application of article 1469 CCCT. This article mentions that all agreements made between spouses can be cancelled by the Court at the request of one party, unless agreements affect third parties. According to one interpretation, "publicity" or registration affect third parties and a usufruct can't be cancelled. According to the other interpretation, we have to search for the spirit of the law and it looks like Thai law wanted to end all relations between spouses in case of divorce, even usufruct agreements. A way to avoid the application of 1469 CCCT would be to have a second agreement (like a lease) affecting a third party before the Court could cancel your usufruct agreement.

 

read more

 

[KhaoYai]

On 2/8/2022 at 12:55 AM, Hummin said:

You have a link how to do it? And are you sure it is legaly confirmed and approved?
 

I know we can make any contract we want, but still, it just doesnt work that way as we believe it would.

A link?  No, the agreement was prepared by a Thai lawyer (Barrister) and it is registered on the Chanotte.