30 year lease when buying a house in the wife's name?

[Trumpton]

Can a 30 year lease be taken out at the same time as the house is bought in her name so I'm sure of somewhere to live for the next 30 years if we split up?

[richard_smith237]

Yes.... I think it's called an ‘usufruct’.....     

 

Loads of info out there....   you have the ‘key word’ now.. 

[delgarcon]

Yes, I have a 25 year lease written and signed at the land office in KP

[ChaiyaTH]

I did similar buying land with mortgage and wife, as it also will be for my son, however I have a 30 year lease on half the land in case we split, and build my own bungalow there. She will need for 2 decades paying it off anyway, my son will then be 24.

[Bobtheblob]

I have a usufruct that lasts until I die, done at the local land office.

[Peterw42]

OP, contracts (between husband and wife) like userfructs etc become null and void in the event of a divorce.

[jaideedave]

19 hours ago, delgarcon said:

Yes, I have a 25 year lease written and signed at the land office in KP

In my case I have a 30 year lease also signed at the land office  and my name is on the chanote.I bought the house and had it put in my Thai step daughters name.It's not possible for me to outlive this. She cannot borrow on this while I'm alive and she can have it when I'm gone.I'm lucky in the fact that we have a solid relationship and I can sleep well. In the case of a married individual that hopes to live on the matrimonial land in case of divorce..how will that work? Her family or b/f will have you removed while the paid off cops supervise...555    

[Peterw42]

14 minutes ago, jaideedave said:

In my case I have a 30 year lease also signed at the land office  and my name is on the chanote.I bought the house and had it put in my Thai step daughters name.It's not possible for me to outlive this. She cannot borrow on this while I'm alive and she can have it when I'm gone.I'm lucky in the fact that we have a solid relationship and I can sleep well. In the case of a married individual that hopes to live on the matrimonial land in case of divorce..how will that work? Her family or b/f will have you removed while the paid off cops supervise...555    

What document do you have that stops the owner borrowing against the property, or even selling the property ? As far as I know, those terms cant be set or stated stated in any lease ?

[jumbo]

1 hour ago, Peterw42 said:

What document do you have that stops the owner borrowing against the property, or even selling the property ? As far as I know, those terms cant be set or stated stated in any lease ?

sale of the property does not terminate the usufruct nor the rights of the usufructuary

[Peterw42]

2 minutes ago, jumbo said:

sale of the property does not terminate the usufruct nor the rights of the usufructuary

I didnt say otherwise, and that doesnt remotely answer my question, I was asking the op what document or law he has in place that stops an owner borrowing against a property.

[jumbo]

3 minutes ago, Peterw42 said:

I didnt say otherwise, and that doesnt remotely answer my question, I was asking the op what document or law he has in place that stops an owner borrowing against a property.

It is a law...

Google Thailand Civil and Commercial Code and find Usufruct, it is spelled out right there

 

[Tubulat]

I also have a usufruct for 30 years written and signed at the landoffice but wonder what happens if my partner dies before me.

[FriendlyFarang]

On 2/7/2023 at 12:50 PM, Trumpton said:

Can a 30 year lease be taken out at the same time as the house is bought in her name so I'm sure of somewhere to live for the next 30 years if we split up?

If you split up your wife can declare the contract with you void.

 

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/

[Henryford]

On 2/7/2023 at 12:50 PM, Trumpton said:

Can a 30 year lease be taken out at the same time as the house is bought in her name so I'm sure of somewhere to live for the next 30 years if we split up?

If you split up and she moves a new Thai boyfriend in you think you would want to live there?

[jumbo]

A loan agreement with your wife for the sum of the value of the house and the house as collateral, through a lawyer of course. And ask him where and

how to secure. 

Anyway anything acquired during marriage is to be split evenly so either you lose or she.

Taking in account that not much of the women are working, she will have a hard time securing a loan to buy you out,

[Peterw42]

4 hours ago, jumbo said:

It is a law...

Google Thailand Civil and Commercial Code and find Usufruct, it is spelled out right there

 

A usufruct does not stop an owner borrowing against a property, or selling a property.

Its not spelt out in the Civil and Commercial Code, because its not the law.

Usufruct is the right to use and benefit from a property, while the "ownership" of which belongs to another person. 

The owner of the property can still borrow against the property, mortgage the property, or sell the property.

The usufruct allows the usufructuary ongoing access to the property, it does not control what the owner can and cannot do concerning, borrowing, mortgage etc.

 

[proton]

I wanted one land office woman was a real cow who said they did not do them. Bought it anyway. If mrs dies no way would I want to stay here and she is not going to kick me out and start paying the bills.

[proton]

19 minutes ago, Peterw42 said:

A usufruct does not stop an owner borrowing against a property, or selling a property.

Its not spelt out in the Civil and Commercial Code, because its not the law.

Usufruct is the right to use and benefit from a property, while the "ownership" of which belongs to another person. 

The owner of the property can still borrow against the property, mortgage the property, or sell the property.

The usufruct allows the usufructuary ongoing access to the property, it does not control what the owner can and cannot do concerning, borrowing, mortgage etc.

 

Interesting I always thought it stoped them selling it, not a lot of point having it then

[Henryford]

1 hour ago, proton said:

Interesting I always thought it stoped them selling it, not a lot of point having it then

I agree, it allows you stay but they could make your life hell so you wouldn't want to.

[Longwood50]

On 2/7/2023 at 12:50 PM, Trumpton said:

Can a 30 year lease be taken out at the same time as the house is bought in her name so I'm sure of somewhere to live for the next 30 years if we split up?

Yes I have two neighbors who did that in lieu of setting up a company.  It does give you the right to stay in the house for the 30 years even if you split but the house eventually belongs to her.  Another alternative would be to set up a company and have the company buy the home.  You could through a will give her the stock to the company upon your death.  The difference is that if you were to split up, you can change the will.  If you get a new woman, perhaps it would be more attractive to the new woman that she rather than the former GF would be your beneficiary. 

 

[jumbo]

14 hours ago, Peterw42 said:

A usufruct does not stop an owner borrowing against a property, or selling a property.

Its not spelt out in the Civil and Commercial Code, because its not the law.

Usufruct is the right to use and benefit from a property, while the "ownership" of which belongs to another person. 

The owner of the property can still borrow against the property, mortgage the property, or sell the property.

The usufruct allows the usufructuary ongoing access to the property, it does not control what the owner can and cannot do concerning, borrowing, mortgage etc.

 

The question from the OP was not about sales; 

Can a 30 year lease be taken out at the same time as the house is bought in her name so I'm sure of somewhere to live for the next 30 years if we split up?

 

So the best take of your answer is

The usufruct allows the usufructuary ongoing access to the property,

 

If you want to prevent the sales of the property it is better to get a mortgage (secured by your money in a deposit) and pay the interest as 'security'

 

[jumbo]

14 hours ago, proton said:

Interesting I always thought it stoped them selling it, not a lot of point having it then

However you turn this thing around, you are always entitled to 50% of the sales/profit, because you would divorce her quicker than she can sell and because you are legally married (Amphur only) you are entitled to 50% of the acquired assets during the honeymoon.

Your loss will be 50%, which can be covered before hand with...... a collateral loan.....

 

All you guys, before you buy and give away, need to talk to a lawyer independently from your wife. If she says, don't worry, make yourself double sure

 

Another 'piece of advise', don't give her a house in the first week you meet..

[BananaStrong]

On 2/7/2023 at 12:59 PM, richard_smith237 said:

Yes.... I think it's called an ‘usufruct’.....     

 

Yes.

 

Friend had one, was married.  She got a divorce, he went to court and LOST.   The usufruct didn't hold up in his case and he eventually left Thailand with nothing.   sad story.  Of course I don't know all the particulars, but he was shocked this usufruct didn't help him stay longer.  

[jumbo]

17 hours ago, FriendlyFarang said:

If you split up your wife can declare the contract with you void.

 

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

Same information provider

https://www.siam-legal.com/realestate/Usufructs.php

 

Use of Usufructs

Although the law does not prevent Foreigners from being able to apply to register a usufruct on a land, however, this is still subject to the discretion of the Land Officer.

The person who enters into a contractual agreement with the owner for this right is called the "usufructuary". Section 1418 of the Civil and Commercial Code provides that a usufruct may be created for a period of time or for the life of the usufructuary. A usufruct will be registered in a similar manner to a lease of up to 30 years or until the lifetime of the usufructuary.

Once registered, it will have effects as a servitude on the title. The owner of the land cannot sell or transfer the land until the servitude has been terminated.

The usufructuary must also keep the property intact and returned in the same position that it was when the usufruct was granted.

[jumbo]

Anyway, the best way is to separate land and house.

The house can be your property and you are the owner and can be registered in the Blue Book/Tabien Baan, often at the discretion of the land officer on duty

The land goes into a usufruct agreement with the owner/your partner

Make a will that leaves the house to her...

 

 

 

[Orinoco]

If there is an asset the family want,  and you are in it.

They may make it difficult for you to stay in that asset.

And they may, keep ramping it up until you leave.

possible life of misery coming your way.

Be careful.

[Orinoco]

16 minutes ago, jumbo said:

and can be registered in the Blue Book/Tabien Baan, often at the discretion of the land officer on duty

Nah.

Yellow book. 

[phetphet]

OP.

Better to see a lawyer who understands the differences between a lease and a usufruct. 

[jumbo]

23 minutes ago, Orinoco said:

Nah.

Yellow book. 

Do your search on this forum and you will be amazed...

[rankric]

My dream is 33% toward its goal. My dream is to buy the house in my sons name. I know i can get him to understand the importance of an asset. He is 6. 

 

12 years to go.

 

If he blows it he will know i tried. Thats the best i can hope for.