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Posted

Surprise! Leasing from gf will be a problem IF we get married:

 

"Leasing real estate from your Thai wife has several practical problems (payment of rent, income tax). The main reason this structure does not offer protection is that any agreements between you and your wife entered into during marriage can be voided (section 1469 Civil and Commercial Code) and the Land Offices in Thailand generally refuse for this same reason registration of a lease between husband and wife. A right of superficies or right of usufruct may offer a better protection"

 

PS. I hope newnative would take time to give his pro view on this... So much to learn!

Posted
50 minutes ago, GypsyT said:

Some say "Go to the Land office and sign all papers and THEN pay the house.

 

yeah, sign the papers that you renege any rights to the house.

 

if you spend what much money marry her with a pre-nup. one of the few ways to protect yourself

Posted
1 minute ago, 4MyEgo said:

What difference would it make if she borrowed the money from the bank and you made the payments then you buying the house, think about that for a minute

 

When the relationship ends, the payment stops.

 

When you buy outright, it's all gone. Think about that for a minute.

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Posted
1 minute ago, JayClay said:

 

When the relationship ends, the payment stops.

 

When you buy outright, it's all gone. Think about that for a minute.

 

Spoiler alert, you answered the question for him, hopefully he gets it, i.e. she will bait him, to extract his $'s vs the ok Tiruk, I love you and will borrow the money from the bank and you make the payments because I love you long time.

 

I would like to put a wager down she won't borrow money from the bank.

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Posted (edited)

"The above said, I knew what I was getting into, i.e. whatever the house cost me to build on her land, it would never be mine"

 

If things go south hard to believe she would have even right to visit the land as I've paid the 30-yr lease in full.

 

Or is this country more crazy than I think? Is there zero rights for farangs?

 

Am I wrong?

 

"By CharlieH

The first thing to understand is that title to the structure of the house and title to the land are normally the same thing. This is because when you own chanote-titled land in Thailand you own everything on it. This is the same in many countries. There is very little freehold/leasehold of houses and land in Thailand, although it can be done.

 

If a piece of land has an existing house or structure on it then it is going to be difficult to split the title for the structure away from the title of the land. If, however, you build a house or structure from new then there is much more chance of separating the title."

 

Edited by GypsyT
Posted
3 minutes ago, GypsyT said:

"The above said, I knew what I was getting into, i.e. whatever the house cost me to build on her land, it would never be mine"

 

If things go south hard to believe she would have even right to visit the land as I've paid the 30-yr lease in full.

 

Or is this country more crazy than I think? Is there zero rights for farangs?

 

Am I wrong?

 

have a look here: How to Lease Land in Thailand: A Foreigner's Guide to the Law (thethailandlife.com)

Posted
9 minutes ago, 4MyEgo said:

Spoiler alert, you answered the question for him, hopefully he gets it, i.e. she will bait him, to extract his $'s vs the ok Tiruk, I love you and will borrow the money from the bank and you make the payments because I love you long time.

 

I've never met the guy or his girlfriend so I'm not one to pass judgement. All I can do is evaluate the risks.

 

Somebody suggesting that getting a mortgage and paying off gradually has less risk than paying for a property outright needs thier head examining. Just because it happened to work out, doesn't mean it was a good idea. Far more mistakes go unpunished than those that do.

Posted
2 minutes ago, JayClay said:

 

I've never met the guy or his girlfriend so I'm not one to pass judgement. All I can do is evaluate the risks.

 

Somebody suggesting that getting a mortgage and paying off gradually has less risk than paying for a property outright needs thier head examining. Just because it happened to work out, doesn't mean it was a good idea. Far more mistakes go unpunished than those that do.

 

Why would that person need their head examined, if he buys it, his money is gone, he has no legal right to the land, he owns a lease on the house, (the fixture), not the land.

 

If he pays the mortgage that she takes out against the property on a monthly basis, which will be in her name, not his, he can continue to do so while in the relationship, if the relationship fails, he has only lost a little money vs buying the property that he has no legal right to over the land. Who needs their head examined ?

 

Last I checked here in Thailand rent is cheap, now how much is she going to borrow against the house, where is it located, Isaan ? banks will only loan a certain amount, maybe 60%, so he would have to weigh up would it be cheaper to rent or pay "her" mortgage.

 

Either way, putting the question forward to her will soon enough tell him if she wants his money or the banks, and I would say, it won't be the latter.

 

 

Posted

Have you found a knowledgable attorney?

 

That might be your best answer... 

 

I have been buying land and homes in my wife's name for over 20 years... no leases or usufruct or whatever... others seem to find security in gimmicks... 

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Posted (edited)
1 minute ago, 4MyEgo said:

Why would that person need their head examined, if he buys it, his money is gone, he has no legal right to the land, he owns a lease on the house, (the fixture), not the land.

 

If he pays the mortgage that she takes out against the property on a monthly basis, which will be in her name, not his, he can continue to do so while in the relationship, if the relationship fails, he has only lost a little money vs buying the property that he has no legal right to over the land. 

 

Why are you agreeing with me so aggressively?

Edited by JayClay
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Posted
1 minute ago, JayClay said:

 

Why are you agreeing with me so aggressively?

 

Sorry you feel that way, or it comes across that way, read your post again. No agro here m8.

Posted

"Go for it, be sure to pay a little extra to her as a bonus for being so kind!"

 

Finally some sensible encouragement....  5555

 

Seriously; I hope somebody, like NEWNATIVE, would give his opinion. He has bought many houses on same area.

He sounds like the brightest regarding RE here.

 

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Posted
1 hour ago, BenStark said:

 

This surely must be a wind up troll post.

 

Why would you go to the land office when it can't be transferred to a foreigners name?

He specifically stated that she will remain the land owner and he will be buying the house, not the land, that is permitted.

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