Right of Habitation contract.

[JeffersLos]

After seeking legal counsel, I believe that a property transfer to one's Thai spouse with oneself being granted Right of Habitation on the same day (listed on the back of the chanote), is a system that suits.

 

Similar to a Usufruct, except that the right of habitation cannot be transferred to a third party. With no times limit set, is lasts until death. If the property is sold (I believe it cannot be sold without your consent), you still have the legal right to live there until death, as listed on the chanote (any new owners can't really miss it).

 

This is the civil code:

 

https://www.samuiforsale.com/real-rights/habitation-property-rights.html

 

This is a sample Right of Habitation contract.

 

https://www.samuiforsale.com/other-miscellaneous/habitation-contract.html

 

Is there any Thai version of the contract online?

 

Does anyone have experience of doing this at the local land department? 

 

TIA.

[JeffersLos]

Looking for information of copies of a contract, or if Land Departments usually have a form for Right of Habitation under civil code section 1412.

 

Also, has anyone ever heard of Land Departments refusing to give a RoH to a foreigner on a property their Thai spouse just bought?

 

 

[donx]

Are you unable to obtain a Usufruct? Is that why you are pursuing this Right of Habitation?

[dinga]

On 11/23/2022 at 11:24 PM, donx said:

Are you unable to obtain a Usufruct? Is that why you are pursuing this Right of Habitation?

Have got both (figure two is always better than one - covering both habitation as well as use & products of the land.)

[donx]

9 hours ago, dinga said:

Have got both (figure two is always better than one - covering both habitation as well as use & products of the land.)

Is this Right of Habitation the same as a Superficies? I’ve read on here about the Superficies but this Right of Habitation is a new term to me.

[dinga]

On 11/25/2022 at 10:38 PM, donx said:

Is this Right of Habitation the same as a Superficies? I’ve read on here about the Superficies but this Right of Habitation is a new term to me.

Check out <https://www.samuiforsale.com/> Real Estate Rights  =  helpfully explains everything  [my take from a very quick read is that the main difference is who owns the house]