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Clever Finnish man beats the system....or does he?


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I was watching house build videos on YouTube and came across this Finnish guy who has built a home in Buriram in the village of his (then) girlfriend and now I see he's gotten married. When I say in the village, I mean he's surrounded by her extended family and even sharing a water main with them. The very idea makes me cringe but very well.

 

This is interesting to me because earlier before they were married he an acquired a usufruct on the new property and now since getting married I assume he's signed a prenup with the 25 year old Thai girl.

 

Is the Finnish man very clever and beaten the system of foreign land ownership in Thailand or is he trying to beat the legal system by following the letter of the law but not the spirit of the law? It seems everything is well and legal but personally I don't trust Thailand (or Thai people in general) to strictly adhere to laws in the same way Europeans do. My guess is that if there is a divorce the property will still be contested despite all the documents. I have no evidence for this but it just "feels" that way given how easy it was for him to effectively skirt the law. For example it could be left to the judges discretion and if he seems this as a clever way to circumvent the law.

 

 

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48 minutes ago, simon43 said:

I don't think he is doing anything new, and AFAIK pre-nups are not legal in Thailand.

prenups are legal in Thailand, in most cases, however, they are pointless in a contested divorce where the court determines the enforceability of such clauses and compliance with Thai laws.

 

In short, Thailand prenups are only valid when both parties are in agreement.

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29 minutes ago, n00dle said:

prenups are legal in Thailand, in most cases, however, they are pointless in a contested divorce where the court determines the enforceability of such clauses and compliance with Thai laws.

 

 

Ok so the prenup part is something I ASSUMED because he took this sneaky route of building the house and getting the usufruct BEFORE he was married. He didn't say anything about the prenup but I have to assume he would do that too because it seems like what he's doing is being clever with the law and getting to own land in Thailand without a Thai national being involved. This is the crux of the issue and what I'm skeptical of.

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3 minutes ago, NorthernRyland said:

 

You seriously want to go to bat for the Thai's and their adherence to laws and legal culture? Seriously?

Maybe if you learned the language you would not be so paranoid.

 

Maybe teerak told you the farang can not to prenups? Usrfructs? 

Dont trust her.

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11 minutes ago, FritsSikkink said:

A usefruct doesn't mean you own the land, you can use it.

Not sure what other documents he signed but he was very sure of himself and his legal work. I think, he thinks if he gets divorced he can own 100% of the land and sell it at his leisure. If you can't sell the land and you can only inhabit it it's even more worthless because then you're stuck with her family in some little soi.

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but personally I don't trust Thailand (or Thai people in general) to strictly adhere to laws in the same way Europeans do.

 

this criminal free paradise you refer to certainly does not extend to the whole of europe, in fact i can't think of any criminal free country in europe, though i haven't been to finland. or, is this just an excuse to thai bash, which is surprising given you seem to have chosen to live here.

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2 minutes ago, simon43 said:

A usufruct simply allows you to 'use' the land, not own it.  If he gets divorced, he still doesn't own the land.

 

He has full control of the land until he dies, no matter who owns it, whether he is married or divorced means nothing. He is legally due any rent from it, and it cannot be sold without him signing off on it, and even after being sold he has full control of it, not any new owner. 

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5 minutes ago, JeffersLos said:

I would guess that in a divorce or separation, he would agree to have his name and usufruct removed for a fraction of what he paid, so the family can have it fully to themselves without having to kill him, beat him, or illegally work in cahoots with the land office people to illegally alter the land title. 

 

The idea is he gets to sell the house, keep 100% of the profit then have his name removed, nothing the Thai national can do right? That feels like ownership to me and why I'm skeptical if a judge would see it any different.

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4 minutes ago, NorthernRyland said:

 

The idea is he gets to sell the house, keep 100% of the profit then have his name removed, nothing the Thai national can do right?

 

If he doesn't agree to have his name removed, no one will buy it, it is worthless to the Thai owners both present and future. He cannot sell it without consent. Without his consent to be removed, it is useless to the current owner. 2 edged sword. 

 

The current Thai on the land title will need to agree to transfer it to another, whether 100%, 50%, 10%, 1% or 0% of the proceeds goes to him is between himself and that Thai has nothing to do with the land office or the person buying it.

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1 minute ago, rumak said:

the property ( and house if it has one)  is legally his to USE . ( and in effect, if not reality, control who lives there and what can be done on the property ) .   and YES, it can not be sold without him signing the agreement at land office to REMOVE the usufruct . 

 

It is his to use AND control. Even the Thai on the title deed cannot stay there without him agreeing to it. It is within his legal right to kick the Thai on the title deed out if he so wishes.

 

If it is ever rented, he is immediately legally entitled to all rents. 

 

With the exception of being in control of selling it, the Thai on the title deeds needs to agree to sell it (note that it cannot be sold without his legal consent), it is his in every conceivable legal way until he dies.

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5 minutes ago, JeffersLos said:

 

It is his to use AND control. Even the Thai on the title deed cannot stay there without him agreeing to it. It is within his legal right to kick the Thai on the title deed out if he so wishes.

 

If it is ever rented, he is immediately legally entitled to all rents. 

 

With the exception of being in control of selling it, the Thai on the title deeds needs to agree to sell it (note that it cannot be sold without his legal consent), it is his in every conceivable legal way until he dies.

i don't believe you can kick your Thai wife out ....legally .   Just as the wife can not kick her husband out if a legal marriage registered in Thailand .

 

Maybe best NOT to get married,  but get a usufruct (for life)  on the title deed (if allowed by the Land office)  .     uhhhhh  like i have

but i have no illusions about what difficulties there would be if i wanted to kick the "owner" of the property off the land   🙂

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2 hours ago, simon43 said:

don't think he is doing anything new, and AFAIK pre-nups are not legal in Thailand.

Prenups have been in Thailand for many many years--and are probably (if done properly ) the best way to protect assets. They have been around for that long that you dont even have to go to a lawyer now--just buy the package from law firms that specialize in them.   https://www.thailandlawonline.com/prenuptial-contract-th-en/prenuptial-contract

 

 

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12 minutes ago, JeffersLos said:

 

"

 

12 minutes ago, JeffersLos said:

 

It is his to use AND control. Even the Thai on the title deed cannot stay there without him agreeing to it. It is within his legal right to kick the Thai on the title deed out if he so wishes.

 

If it is ever rented, he is immediately legally entitled to all rents. 

 

With the exception of being in control of selling it, the Thai on the title deeds needs to agree to sell it (note that it cannot be sold without his legal consent), it is his in every conceivable legal way until he dies.

With the exception of being in control of selling it........

 

or, as i have stated,  "kicking"  your legal wife/ husband out without a legal judgement .

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by the way..... my gf has a lovely house here in Doisaket that she wants to sell .

i will gladly sign release of usufruct for any of you rich guys . 

(only bad air a few months a year )   🙂

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