Get control of my house

[PattayaGuy2019]

2001 my wife's mother gave us? 2 rai of land as a wedding present. So I built at house on it. I paid for everything double walls etc. I bought all the furniture and air con. It has three bedrooms and is in the western style, high tech etc.

 

I know that the land will always be in her name. But I am told the deeds to the house are in both our names. ?

I have never seen any paper work or deeds ever. I paid the builder cash so those receipts are lost.

 

My wife's family are nasty pieces of work and I will do anything to stop the house being passed on to them if I die, my wife dies, as we have no children. 

 

I thought if I could get my name on the deeds and then leave a will, leaving my half of the house to charity.

 

Does anybody know a good lawyer who could advice in these matters ? that isn't going to scam me or rip me off ?

 

Thank you you for reading

 

James

 

 

 

 

Edited October 5, 2023 by PattayaGuy2019
grammar

[KannikaP]

When you are brown bread, nothing else matters. I am in the same situation as you, and couldn't give a monkey's what happens when I am gone. Let them fight it out.

[retarius]

I think you are cooked. Go home, young man,

There is a slim chance though, depending on the grade of land. Poor grades of land, like army land offer better chances to farangs plus the chance to own the lease on the land.

[steven100]

Others might have more insight Pattayaguy,  but I really don't think you have much say in the matter ....  Farang cannot own land ,  he can own a condo,  your name being on the title deed of land mean nothing as you can't own land here. 

 

by all means .... ask a lawyer .....    it shouldn't cost anything for information or advice.  

 

TIT .....   they don't want farang to have entitlement to real estate especially land.

[Wanderer555]

If the house was built after you were married, it is generally considered community property. 
 

The owner of the house is usually determined by the name on the permit to build and address documentation.

 

Given the OP I would assume it is in your wife’s name.
 

If the wife agrees, you can file an usufruct with the land department giving you control of the land for your lifetime and the usufruct can be transferred to a third party. 
 

She can dissolve the usufruct if you get divorced but Thai courts are more sympathetic to the foreign husband than in the past.
 

You can also have your wife register a will that gives you the house and land.

You can legally inherit it and have one year to sell or register in the name of a Thai person or company. 
 

Research these areas online and I would recommend getting a lawyer to assist you in filings. 

If you have  children, they can also inherit the property.  In the end, you will need to decide the value of the house versus the energy required to keep it.

 

Go slowly and get professional assistance ????

 

Cheers 
 

 

[rgrdns]

10 minutes ago, Wanderer555 said:

If the house was built after you were married, it is generally considered community property. 
 

The owner of the house is usually determined by the name on the permit to build and address documentation.

 

Given the OP I would assume it is in your wife’s name.
 

If the wife agrees, you can file an usufruct with the land department giving you control of the land for your lifetime and the usufruct can be transferred to a third party. 
 

She can dissolve the usufruct if you get divorced but Thai courts are more sympathetic to the foreign husband than in the past.
 

You can also have your wife register a will that gives you the house and land.

You can legally inherit it and have one year to sell or register in the name of a Thai person or company. 
 

Research these areas online and I would recommend getting a lawyer to assist you in filings. 

If you have  children, they can also inherit the property.  In the end, you will need to decide the value of the house versus the energy required to keep it.

 

Go slowly and get professional assistance ????

 

Cheers 
 

 

Correct...clearly explained ????

[Liverpool Lou]

47 minutes ago, steven100 said:

your name being on the title deed of land mean nothing as you can't own land here. 

He knows that, he said that he wants his name on the house, not the land.

[Toolong]

'......the land will always be in her name.'

 

Sorry to be dim, perhaps.....but who's the 'her'? You mother in law or your wife? Who's the 'both'? (Sorry, just ambiguous.) If it's your wife and the place is in her name, then can't she simply bequeath it in her will to whomever she chooses, thus potentially precluding 'nasty' family getting their hands on it via next-of-kin default?

 

If the 'her' is the MiL, then it's complicated, yes.

 

Just two things occurs to me, PattayaGuy......and that's that if YOU'RE thinking about this, then to be sure your wife's family will be thinking about it, or have long done so, too. 

 

And also.....with genuine respect to your good wife, does she 100% share your own views on this? Will she totally back all efforts on your part to stop house eventually going to her kin? 

 

Like Wanderer555 advised, I'd 'go slowly and seek professional assistance'.....if that assistance is required. 

 

And good luck. I can certainly empathize with you in your situation. 

[FritsSikkink]

4 hours ago, retarius said:

I think you are cooked. Go home, young man,

There is a slim chance though, depending on the grade of land. Poor grades of land, like army land offer better chances to farangs plus the chance to own the lease on the land.

Army land?

Never heard of a land title called by that name.

[still kicking]

4 hours ago, steven100 said:

Others might have more insight Pattayaguy,  but I really don't think you have much say in the matter ....  Farang cannot own land ,  he can own a condo,  your name being on the title deed of land mean nothing as you can't own land here. 

 

by all means .... ask a lawyer .....    it shouldn't cost anything for information or advice.  

 

TIT .....   they don't want farang to have entitlement to real estate especially land.

So, American are not Farangs ? 

[timendres]

2 hours ago, still kicking said:

So, American are not Farangs ? 

We are. Until you consider the Amity Treaty, which provides some privileges that other foreigners do not enjoy.

[PattayaGuy2019]

4 hours ago, Toolong said:

'......the land will always be in her name.'

 

Sorry to be dim, perhaps.....but who's the 'her'? You mother in law or your wife? Who's the 'both'? (Sorry, just ambiguous.) If it's your wife and the place is in her name, then can't she simply bequeath it in her will to whomever she chooses, thus potentially precluding 'nasty' family getting their hands on it via next-of-kin default?

 

If the 'her' is the MiL, then it's complicated, yes.

 

Just two things occurs to me, PattayaGuy......and that's that if YOU'RE thinking about this, then to be sure your wife's family will be thinking about it, or have long done so, too. 

 

And also.....with genuine respect to your good wife, does she 100% share your own views on this? Will she totally back all efforts on your part to stop house eventually going to her kin? 

 

Like Wanderer555 advised, I'd 'go slowly and seek professional assistance'.....if that assistance is required. 

 

And good luck. I can certainly empathize with you in your situation. 

I wrote my wife's mother gave us... (i.e. gifted my wife the land - can you follow paragraphs ? There also seems to be some confusion that I am writing about the land. Lots of comments about the land very useful but off topic.

[Crossy]

3 hours ago, PattayaGuy2019 said:

I wrote my wife's mother gave us... (i.e. gifted my wife the land - can you follow paragraphs ? There also seems to be some confusion that I am writing about the land. Lots of comments about the land very useful but off topic.

 

So, the transfer to your wife was done at the land office and the necessary fees and taxes paid?

 

As to the house, as others have noted it's generally considered that the person named on the building permit is the owner of the house.

 

The problem is always going to be that the house sits on the land so they're never going to be easily separated and you can bet that family will already have taken "measures" particularly if they think you're on your last legs.

 

Also as noted, when you're dead you aren't going to care, but if your wife dies first you could be in a world of hurt ???? 

[steven100]

5 hours ago, PattayaGuy2019 said:

I wrote my wife's mother gave us... (i.e. gifted my wife the land - can you follow paragraphs ? There also seems to be some confusion that I am writing about the land. Lots of comments about the land very useful but off topic.

The house is on land.  You cannot own that land,  that's the problem.  The land was gifted to your wife,  so it's in her name I presume.   The family will get the house eventually .....  

[Delight]

 With the agreement of your wife -you could possibly transfer the land to a newly created Thai Company. Your name being the MD

 

With this arrangement you do not own  either the house or the company.

however -assuming that the company is set up to your advantage then you will have 100 % control.

 

You can then bequeath the company to whom  you please.

Getting the wife to agree will be the tricky bit.

[ThaiLawOnline]

18 hours ago, rgrdns said:

Correct...clearly explained ????

It is more complex than that. You can separate a house and land with announcements and others at the land department and/or Tessaban. Superificies would also grant property of a house on top on the land is not marital property. Not only building permits gives ownership of a house and on top, if the person is married, who wants to buy half of a house without land? Even a full house? I had 3 cases where we tried to sell in auction a house without land. 3 failures.

[PattayaGuy2019]

11 hours ago, steven100 said:

The house is on land.  You cannot own that land,  that's the problem.  The land was gifted to your wife,  so it's in her name I presume.   The family will get the house eventually .....  

Yes the whole of Thailand knows this please stay on topic.

[PattayaGuy2019]

11 hours ago, steven100 said:

The house is on land.  You cannot own that land,  that's the problem.  The land was gifted to your wife,  so it's in her name I presume.   The family will get the house eventually .....  

I am not writing about the land please read my post more carefully.

Edited October 6, 2023 by PattayaGuy2019

[steven100]

3 hours ago, ThaiLawOnline said:

It is more complex than that. You can separate a house and land with announcements and others at the land department and/or Tessaban. Superificies would also grant property of a house on top on the land is not marital property. Not only building permits gives ownership of a house and on top, if the person is married, who wants to buy half of a house without land? Even a full house? I had 3 cases where we tried to sell in auction a house without land. 3 failures.

Thank you for the honest answer.      OP ...    KINDLY take note of this post as it reflects the real situation.

 

 

Edited October 6, 2023 by steven100

[PattayaGuy2019]

23 hours ago, KannikaP said:

When you are brown bread, nothing else matters. I am in the same situation as you, and couldn't give a monkey's what happens when I am gone. Let them fight it out.

Well I do care.

[steven100]

8 minutes ago, PattayaGuy2019 said:

Well I do care.

 well good for you. Actually it's pleasing to know that your dead set against the parents / family getting the house,  they think everything from farang is free and ok to take.  Hope you succeed but I doubt unless your prepared to spend alot of money to prevent them from getting it.  just saying ...

 

 

Edited October 6, 2023 by steven100

[KannikaP]

7 minutes ago, PattayaGuy2019 said:

Well I do care.

Good for you. But you'll never know the outcome. 

[PattayaGuy2019]

My wife have both agreed to both make wills leaving the house and land to Pattaya orphanage.

 

Thank you to those posters who were supportive and the rest of you need to back to adult education to learn comprehension.

[jippytum]

Forget about the land 100% Thai owned.  Property.... any asset aquired after marraige is classed as joint property 50-50 so you are legally entitled to half the house. Suggestions on this forum  to change the current situation to offer you more legal  protection at this late stage would depend on the cooperation and agreement of your wife which seems unlikely after years of marraige. 

 

 

 

[kennw]

On 10/5/2023 at 7:25 PM, steven100 said:

Others might have more insight Pattayaguy,  but I really don't think you have much say in the matter ....  Farang cannot own land ,  he can own a condo,  your name being on the title deed of land mean nothing as you can't own land here. 

 

by all means .... ask a lawyer .....    it shouldn't cost anything for information or advice.  

 

TIT .....   they don't want farang to have entitlement to real estate especially land.

Leave a cigarette burning one night and move on

[Qman]

As your wife and you are both giving the house and land to charity in your wills then she seemingly shares your views about her family and wants to cut them out of the inheritance.  Another option would be to sell out now and use the funds to live elsewhere either through purchase or rentals.  As noted in the more legal commentary everything depends on the land office paperwork so probably worth checking all those documents to determine who specifically owns the land and house which would be necessary for stating clearly in a will.

[d4dang]

Move the house to a property leased for 20 years or? Or invest in a disposable lighter-which is a cheaper solution. Check for CCTV cameras.

[steve187]

13 hours ago, PattayaGuy2019 said:

Well I do care.

sorry but if you care that much then you should have sorted all the legal side of things, before the land was transferred and the house built

[brianthainess]

On 10/5/2023 at 6:55 PM, PattayaGuy2019 said:

2001 my wife's mother gave us? 2 rai of land as a wedding present.

 

On 10/5/2023 at 6:55 PM, PattayaGuy2019 said:

My wife's family are nasty pieces of work

Is your MIL still alive?

[ignore it]

James,

As you will be dead, I don't think you'll be bothered by this.