Get control of my house

[bradiston]

On 10/6/2023 at 4:59 AM, Crossy said:

 

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 ???? 

Exactly so. My name is on the building permit for the house I had built. But my daughter owns the land, which of course is a huge blessing.

 

I got a visit from immigration once in 15 years demanding to know why the house owner hadn't filed a TM30. Oh, that'll be me I said. But no, they wanted to speak to my daughter about it. I paid the fine and got rid of them.

 

In reality immovable property on land seems to be assumed to be part of the land. You can argue blue in the face, but I don't think it will make a lot of difference. Unless you have, as I now have, a usufruct on the house and land, in theory you are trespassing every time you cross the land to get to it. Preventing foreigners from owning land is a hidden blessing! It's a minefield.

[J Branche]

Yes as others have said get a Usufruct and Will with the house or land being given to you in her departure.  Make sure they are properly recorded.  

Talk to the lawyer about the Usufruct because there are some details I do not want to post in public.

 

If girlfriend objects, then look for house to rent as you know what her long term game is.  Behavior is a good indicator of truth Not words from someones mouth.

[Stevemercer]

I'm not sure a usufruct (if possible) will help your situation because it would normally expire on your death. 

 

I would have thought that wills leaving the property to an orphanage may be contestable by the family. You would obviously need to appoint an Executor you trust to arrange the sale and finance transfers. However, this would be a long time in the future and circumstances may change. I wouldn't feel 100% secure that the family would still end up not getting the home.

 

As another poster has suggested, one possible option would be to sell the house/land in the near future and move elsewhere. This would be a big decision for your wife because her family would see it as a snub (which it is). Besides, apart from the inheritance problem, you may both be happy in your current home and situation.

 

I guess it boils down whether, in time, the knowledge that your in-laws may get the house/land starts to outweigh the happiness you have in owning and living in your current home. Maybe you should, quietly, start putting out feelers about selling and moving on in a few years time.

 

 

[PETERTHEEATER]

On 10/5/2023 at 1:57 PM, Wanderer555 said:

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

I think you mean communal, i.e. jointly owned, and not community?

[khunPer]

On 10/5/2023 at 1:55 PM, PattayaGuy2019 said:

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

The only way you can – or rather could – be owner of your house on rented / leased / usufruct / or whatever land under it, is the following:

• A legal permission from the land owner to build a house the land, preferable a superficies
• Architect drawings with your name as builder
• Building permission issued in your name
• Receipt with your name for paying the building constructor(s)

 

You will not receive a title deed on the house – the above paperwork is your (only) proof – but when the property is later transferred, the building can be registered as separated from the land; if a lease or other agreement for land use don't state anything else.

 

If you don't have the above, the building(s) on the land belongs to the land owner.

 

When married, you should as husband be entitled to 50 percent of the estate, if there is no last will – that could be an option – but as a foreigner normally cannot own land, the property needs to be sold and the revenue distributed between the heirs.

[khunPer]

4 hours ago, Stevemercer said:

I'm not sure a usufruct (if possible) will help your situation because it would normally expire on your death.

The problem with a usufruct after a spouse's death can be an unfriendly family, which might make one prefer to live somewhere else...

[khunPer]

On 10/5/2023 at 2:57 PM, Wanderer555 said:

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

Great reply, but should be: "common property".

[Wanderer555]

18 minutes ago, khunPer said:

Great reply, but should be: "common property".

My bad …. Community property is a USA term for marital property 

 

Your use of ‘Common Property’ would also appear to be incorrect when referring to Thai law. 
 

The correct term according to numerous Thai law websites is 

‘Marital or Communal Property’

 

Cheers

————

Marital or Communal Property in Thai Law

 

BySasinun Chongthanapipat

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Property of Husband and Wife

In Thai law, the property of a married couple is assumed to be marital (communal) property unless it can be demonstrated that the property, or any part of it, is personal property.

The Thai Civil and Commercial Code provides the following:

Edited October 7, 2023 by Wanderer555