Legal services recommended

[dayo202]

Me and my wife ( Thai ) have just brought some land up in the northern town of Pai.

I'm looking for any recommendations on a good legal services company which could help me with the below :-

1. I would like to lease the land off my wife for 30 years, and maybe a option to extend after the 30 years.

 

2. We going to build a house on our land, I would like the house to be in my name 100%...

 

Much appreciated on any feedback.

[lopburi3]

 

9 minutes ago, dayo202 said:

Me and my wife ( Thai ) have just brought some land

That really does not appear to be legal if you are not Thai yourself.

[dayo202]

16 minutes ago, lopburi3 said:

 

That really does not appear to be legal if you are not Thai yourself.

Ok let's put it another way...

She brought the land with OUR money, the land is in her name 100%..

[FritsSikkink]

You can only lease for 30 years legally, anything beyond that isn't legal.

[dayo202]

1 hour ago, FritsSikkink said:

You can only lease for 30 years legally, anything beyond that isn't legal.

Yip, I know that.

Shouldn't think I be around for another plus 30 years 555.

But you can state in the lease for a option to extend for another 30 years.

The decision will be upto the land owner ( In my case my wife ) to extend or not after the first 30 years.

[ThailandRyan]

Get a usufruct...do the research. The one I obtained for the Land and house in Udon was completed at the Land office and was good for my life, at the time I had just turned 50. It is up to the land office if they will do the usufruct this way. You can always do a leasehold which would be for 30 years and if the land owner (wife) was still willing to do another 30 years you could do another one at the end of the first 30 years.  The Chanote will be in her name but your Info will go on the back for the usufruct.  As far as the house goes yes you can own the structure but you will not be listed in the blue book, for that you will need to do a yellowbook.  Best to find a real estate lawyer who can assist you.

Edited December 10, 2022 by ThailandRyan

[Hummin]

What kind of land title do the land have? 
 

 

[dayo202]

8 minutes ago, Hummin said:

What kind of land title do the land have? 
 

 

CHANOTET ....certificate for ownership of land

[dayo202]

30 minutes ago, ThailandRyan said:

Get a usufruct...do the research. The one I obtained for the Land and house in Udon was completed at the Land office and was good for my life, at the time I had just turned 50. It is up to the land office if they will do the usufruct this way. You can always do a leasehold which would be for 30 years and if the land owner (wife) was still willing to do another 30 years you could do another one at the end of the first 30 years.  The Chanote will be in her name but your Info will go on the back for the usufruct.  As far as the house goes yes you can own the structure but you will not be listed in the blue book, for that you will need to do a yellowbook.  Best to find a real estate lawyer who can assist you.

Great thank for your feedback, very much appreciated.

I already have a yellow book for our house in Bangkok my wife's name is on the blue book.

Could I also have a second yellow book for my new house ?

 

[ThailandRyan]

3 minutes ago, dayo202 said:

Great thank for your feedback, very much appreciated.

I already have a yellow book for our house in Bangkok my wife's name is on the blue book.

Could I also have a second yellow book for my new house ?

 

I had a yellow book in Udon, and when I bought my condo after my divorce the amphur in Udon issued me a document and gave my yellowbook back to me as my Pink ID card is tied to it and I am sure that they will not change my ID number. I now also have a house in PKK and will see if they will just put the new address in my yellow book by changing it on the nside front cover as the Amphur in Udon told me to have done.  I do have a yellow book for the condo in BKK but only my partner is listed in it as she is from Myanmar......never tried to add myself to it. Pretty sure you can not be listed in two yellowbooks just like a Thai can not be listed in two bluebooks. My condo and house bluebooks are empty except for the address information as we are not Thai. My half Thai daughter is the only one in the Udon houses Blue book as I made sure she was named as the house owner upon my divorce. My usufruct was then removed by going to the land office when the Chanote was changed into her name.

[FriendlyFarang]

10 hours ago, dayo202 said:

I would like to lease the land off my wife for 30 years, and maybe a option to extend after the 30 years.

A contract between married people can be declared void by either party, so there is no point in doing this, you would just be wasting money.

[FriendlyFarang]

39 minutes ago, dayo202 said:

I already have a yellow book for our house in Bangkok my wife's name is on the blue book.

Could I also have a second yellow book for my new house ?

The house book belongs to the house, not to you as person.

Every house can have a house book, but every person can only be registered in one at the same time.

[ThailandRyan]

16 minutes ago, FriendlyFarang said:

A contract between married people can be declared void by either party, so there is no point in doing this, you would just be wasting money.

Such a negative comment and not completely true. 

[ThailandRyan]

19 minutes ago, FriendlyFarang said:

The house book belongs to the house, not to you as person.

Every house can have a house book, but every person can only be registered in one at the same time.

Yellowbook has the ID number which is tied to the individual listed inside of it in the first position.  My Pink ID card has the same number and is why the book was given to me by the Amphur and the book not canceled. In the computer they removed my information from the residence and if my daughter had wanted her new stepfather to be listed at the residence a new yellowbook would have had to be done. Fact......not fiction.

Edited December 11, 2022 by ThailandRyan

[FriendlyFarang]

13 minutes ago, ThailandRyan said:

Such a negative comment and not completely true. 

What is not true?

Quote

Section 1469. Agreements can be Voided

Any agreement concluded between husband and wife during marriage may be voided by either of them at any time during marriage or within one year from the day of dissolution of marriage; provided that the right of third persons acting in good faith are not affected thereby.

https://library.siam-legal.com/thai-law/civil-and-commercial-code-marriage-section-1465-1493/

[Tropicalevo]

4 hours ago, FritsSikkink said:

You can only lease for 30 years legally, anything beyond that isn't legal.

You can have a 30 year lease plus another 30 but the extension is not automatic. I attended a course on Thai Law for Foreigners many years ago. It was well attended and some useful tips on buying land and owning houses.

If the lease is just for your lifetime - no problem.

If you have family and you want them to have access to the property after your death, then put them on the lease as joint holders. The lease cannot be passed on otherwise.

Edited December 11, 2022 by Tropicalevo

[ThailandRyan]

8 minutes ago, FriendlyFarang said:

What is not true?

https://library.siam-legal.com/thai-law/civil-and-commercial-code-marriage-section-1465-1493/

Can be voided, but it must also be compensated. Anything obtained during the marriage is divided 50/50. So it's not a waste if money. You do not walk away with nothing, the only ones who do have no idea of the how the law works. Read the whole section. Marriage is a contract.

[FritsSikkink]

2 hours ago, Tropicalevo said:

You can have a 30 year lease plus another 30 but the extension is not automatic.

So, like i said, only 30 years and then you start from scratch again as it isn't automatic. 

[dayo202]

3 hours ago, FriendlyFarang said:

A contract between married people can be declared void by either party, so there is no point in doing this, you would just be wasting money.

I will ignore that comment.

Thanks you for your useless feedback 

[dayo202]

5 hours ago, FriendlyFarang said:

The house book belongs to the house, not to you as person.

Every house can have a house book, but every person can only be registered in one at the same time.

Ok...

Just 1 question please.

If my yellow book and my wife's blue book is registered for our house in Bangkok.

What's the process of register my name of our new house ?.

If we can't have our name's in two house books at the same time.

Could I just least the land for 30 years off my wife and not register the house ?.

I'm Confused