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[advancebooking]

We were recently at the land office asking if Im allowed to register a 30 yr lease on a small plot of land thats in the wifes name. The officer seemed a bit ambivalent about it actually. We do not live in a province that has a lot of farang. He asked why do I want to do this and I didnt know what the correct thing to say was. If you have any ideas please let me know what to say there. One thing he did say was that it would not be possible to register a Usufruct on the chanote thats in my wifes name. 

 

He basically said bring all docs and it will be considered. It didnt fill me full of confidence actually. 

 

If you have recently done this please share your experience. Actually Ive read many threads before over several years with farang registering both usufructs and leases. It seems that this particular office might not be privy with the laws/ rules. I dont think its right if this guy makes up his own rules based on his own moral code. 

 

If you have experience with this is the main clause to be in the lease relates to the right to build a house? Is there anything else that should be included apart from the option to renew after 30 yrs. 

 

thanks

[KhunLA]

He's obviously making up his own rules, or holding out for some 'motivation'.

 

If won't do the usufruct, tell you need the lease for Imm.

 

TBH, the lease is useless as any protection for yourself, as wife can cancel it, after 1 of divorce, I believe, or use to be.

Edited August 19, 2023 by KhunLA

[HauptmannUK]

2 hours ago, advancebooking said:

He asked why do I want to do this and I didnt know what the correct thing to say was.

So why do you want to do it?

[jaideedave]

9 hours ago, KhunLA said:

He's obviously making up his own rules, or holding out for some 'motivation'.

 

If won't do the usufruct, tell you need the lease for Imm.

 

TBH, the lease is useless as any protection for yourself, as wife can cancel it, after 1 of divorce, I believe, or use to be.

Maybe out of date info but in 2007 I engaged in a 30 year lease with my stepdaughter for a house I had purchased. All completed at the Pattaya land office. I used a lawyer. My name is actually on the chanote as a lessee. I've had a few gf of expats tell me that I'm not telling the truth until I show them the document.I'm quite sure there was an ulterior motive there.  I was confident at the time and remain so in the validity of this arrangement.

The same agreement with a spouse may be a different matter. BTW my stepdaughter will inherit the house at the end of the day.

[phetphet]

There was an article on here recently about an alternative to usufruct called something like "Sap Ing Sith". That might also be worth a look.

 

If I recall correctly, it was mentioned by a Thai law firm. Others might be able to add more information.

[brianthainess]

 For what its worth I read that Issan Lawyers will issue a legal letter for you to take to the land office for about 4k. 

11 hours ago, advancebooking said:

One thing he did say was that it would not be possible to register a Usufruct on the chanote thats in my wifes name. 

Me thinks he's telling porkies.

[Kwasaki]

12 hours ago, advancebooking said:

We were recently at the land office asking if Im allowed to register a 30 yr lease on a small plot of land thats in the wifes name. The officer seemed a bit ambivalent about it actually. We do not live in a province that has a lot of farang. He asked why do I want to do this and I didnt know what the correct thing to say was. If you have any ideas please let me know what to say there. One thing he did say was that it would not be possible to register a Usufruct on the chanote thats in my wifes name. 

 

He basically said bring all docs and it will be considered. It didnt fill me full of confidence actually. 

 

If you have recently done this please share your experience. Actually Ive read many threads before over several years with farang registering both usufructs and leases. It seems that this particular office might not be privy with the laws/ rules. I dont think its right if this guy makes up his own rules based on his own moral code. 

 

If you have experience with this is the main clause to be in the lease relates to the right to build a house? Is there anything else that should be included apart from the option to renew after 30 yrs. 

 

thanks

He obviously doesn't understand and because your married things could be sorted at any divorce.

You can get a 30 year Usufrust from your wife many do it just in case wife dies and remaining family can kick you out without one.

 

[Adumbration]

24 minutes ago, Kwasaki said:

He obviously doesn't understand and because your married things could be sorted at any divorce.

You can get a 30 year Usufrust from your wife many do it just in case wife dies and remaining family can kick you out without one.

 

No such thing as 30 year Usufruct.

[terryq]

9 minutes ago, Adumbration said:

No such thing as 30 year Usufruct.

Not true. Usufruct can be for any period of time up to 30 years, if no time is stated then it is assumed to be up to the death of the usufruct holder.

(CCC1418)

[Kwasaki]

21 minutes ago, Adumbration said:

No such thing as 30 year Usufruct.

Not true they exist.

What I got wrong is the remaining family can kick you out or arrange another usufruct if the owner of the land dies before he does. 

[Adumbration]

11 minutes ago, Kwasaki said:

Not true they exist.

What I got wrong is the remaining family can kick you out or arrange another usufruct if the owner of the land dies before he does. 

No they don't.

[Gulfsailor]

OP, please read this.

https://www.samuiforsale.com/family-law/thai-marriage-and-contracts-between-husband-and-wife.html

[1FinickyOne]

14 hours ago, advancebooking said:

He asked why do I want to do this and I didnt know what the correct thing to say was.

probably the truth might be most effective. 

[Kwasaki]

20 minutes ago, Gulfsailor said:

OP, please read this.

https://www.samuiforsale.com/family-law/thai-marriage-and-contracts-between-husband-and-wife.html

Thai Wife 99% foreign husband 1% if his lucky. ????

[brianthainess]

27 minutes ago, Gulfsailor said:

OP, please read this.

https://www.samuiforsale.com/family-law/thai-marriage-and-contracts-between-husband-and-wife.html

This is why a lawyers letter could be very useful, you tell them what you want, and they write a letter for the land office in Thai and English  and point out the LAW in whatever area of that law is, that, in theory they have to abide to, once they see you are using a lawyer they will IMO back down. for 4k I'd do it rather than trying to find a law that applies to me and then having to try explaining it to the land office

[Kwasaki]

The marriage that broke up I knew about ended up with the judge ruling what was to be after requests made by a Brit guy.

The Thai wife came out of it still better off but the brit was not bothered his requests were seen as reasonable and got want he wanted.

 

There was no agreement or leases made at any time in their marriage.