Popular Post Trumpton 3 Posted February 7 Popular Post Share Posted February 7 (edited) 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? Edited February 7 by Trumpton 3 Link to post Share on other sites More sharing options...
richard_smith237 49526 Posted February 7 Share Posted February 7 Yes.... I think it's called an ‘usufruct’..... Loads of info out there.... you have the ‘key word’ now.. Link to post Share on other sites More sharing options...
delgarcon 779 Posted February 7 Share Posted February 7 Yes, I have a 25 year lease written and signed at the land office in KP 1 Link to post Share on other sites More sharing options...
ChaiyaTH 3099 Posted February 7 Share Posted February 7 (edited) 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. Edited February 7 by ChaiyaTH Link to post Share on other sites More sharing options...
Bobtheblob 353 Posted February 7 Share Posted February 7 I have a usufruct that lasts until I die, done at the local land office. 1 Link to post Share on other sites More sharing options...
Peterw42 16983 Posted February 8 Share Posted February 8 OP, contracts (between husband and wife) like userfructs etc become null and void in the event of a divorce. 2 1 Link to post Share on other sites More sharing options...
jaideedave 399 Posted February 8 Share Posted February 8 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 1 Link to post Share on other sites More sharing options...
Peterw42 16983 Posted February 8 Share Posted February 8 (edited) 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 ? Edited February 8 by Peterw42 Link to post Share on other sites More sharing options...
jumbo 385 Posted February 8 Share Posted February 8 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 1 1 Link to post Share on other sites More sharing options...
Peterw42 16983 Posted February 8 Share Posted February 8 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. Link to post Share on other sites More sharing options...
jumbo 385 Posted February 8 Share Posted February 8 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 Link to post Share on other sites More sharing options...
Tubulat 203 Posted February 8 Share Posted February 8 I also have a usufruct for 30 years written and signed at the landoffice but wonder what happens if my partner dies before me. Link to post Share on other sites More sharing options...
FriendlyFarang 1091 Posted February 8 Share Posted February 8 (edited) 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/ Edited February 8 by FriendlyFarang Link to post Share on other sites More sharing options...
Henryford 9057 Posted February 8 Share Posted February 8 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? 1 Link to post Share on other sites More sharing options...
jumbo 385 Posted February 8 Share Posted February 8 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, Link to post Share on other sites More sharing options...
Peterw42 16983 Posted February 8 Share Posted February 8 (edited) 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. Edited February 8 by Peterw42 1 Link to post Share on other sites More sharing options...
proton 6488 Posted February 8 Share Posted February 8 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. 1 Link to post Share on other sites More sharing options...
proton 6488 Posted February 8 Share Posted February 8 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 Link to post Share on other sites More sharing options...
Henryford 9057 Posted February 8 Share Posted February 8 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. Link to post Share on other sites More sharing options...
Longwood50 1472 Posted February 8 Share Posted February 8 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. Link to post Share on other sites More sharing options...
jumbo 385 Posted February 8 Share Posted February 8 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' Link to post Share on other sites More sharing options...
jumbo 385 Posted February 8 Share Posted February 8 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.. 1 Link to post Share on other sites More sharing options...
BananaStrong 1195 Posted February 9 Share Posted February 9 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. 1 Link to post Share on other sites More sharing options...
jumbo 385 Posted February 9 Share Posted February 9 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. Link to post Share on other sites More sharing options...
jumbo 385 Posted February 9 Share Posted February 9 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... Link to post Share on other sites More sharing options...
Orinoco 6422 Posted February 9 Share Posted February 9 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. Link to post Share on other sites More sharing options...
Orinoco 6422 Posted February 9 Share Posted February 9 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. Link to post Share on other sites More sharing options...
phetphet 5213 Posted February 9 Share Posted February 9 OP. Better to see a lawyer who understands the differences between a lease and a usufruct. 1 Link to post Share on other sites More sharing options...
jumbo 385 Posted February 9 Share Posted February 9 23 minutes ago, Orinoco said: Nah. Yellow book. Do your search on this forum and you will be amazed... Link to post Share on other sites More sharing options...
rankric 173 Posted February 9 Share Posted February 9 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. Link to post Share on other sites More sharing options...
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