Suphawk Posted May 1 Share Posted May 1 Has anyone had any experience trying to buy a house and land where your wife/girlfriend owns the land and leases it to you for a 30 year contract, and you keep ownership of the house itself? 1 Link to comment Share on other sites More sharing options...
Popular Post Mike Lister Posted May 1 Popular Post Share Posted May 1 Any contract entered into during marriage can be cancelled on divorce, presumably that means a lease also. Have you looked at superficies. that sounds like what you want. 2 1 Link to comment Share on other sites More sharing options...
AnotherOneHere Posted May 1 Share Posted May 1 Usufruct Provides temporary ownership rights for use and enjoyment of the property along with an advantage of being able to reap the profits from property. A usufruct will be registered in a similar manner to a lease of up to 30 years or until the lifetime of the usufructuary. 2 Link to comment Share on other sites More sharing options...
Popular Post AnotherOneHere Posted May 1 Popular Post Share Posted May 1 All you need to do is visit your Land office with the wife and it can be in about a hour. It is written directly on the land title deed so it can't be more official than that. Much better than some random lease. 1 4 1 Link to comment Share on other sites More sharing options...
Mike Lister Posted May 1 Share Posted May 1 19 minutes ago, AnotherOneHere said: Usufruct Provides temporary ownership rights for use and enjoyment of the property along with an advantage of being able to reap the profits from property. A usufruct will be registered in a similar manner to a lease of up to 30 years or until the lifetime of the usufructuary. The op wants ownership of the house, an usufruct will not provide that although a superficies will. 1 1 1 Link to comment Share on other sites More sharing options...
Celsius Posted May 1 Share Posted May 1 Incredible. Wife triple dipping on this "deal". 1 Link to comment Share on other sites More sharing options...
Chris Daley Posted May 1 Share Posted May 1 Yes it's Thai scam #233. Get alien to buy the land in installments. Divert the money to cars, condos and Shopee. Make sure the land is far away so he can not dispute it. 1 2 Link to comment Share on other sites More sharing options...
NorthernRyland Posted May 1 Share Posted May 1 4 hours ago, Suphawk said: Has anyone had any experience trying to buy a house and land where your wife/girlfriend owns the land and leases it to you for a 30 year contract, and you keep ownership of the house itself? I just started a topic of this when I saw a YT video of some Finish guy who has done something similar with a usufruct. Maybe to the letter of the law this appears legal but I have no faith this would stand up in court. What he did was buy the land first then marry her and probably did a prenup. It's an obvious attempt to skirt the spirit of the law so I wouldn't trust it in the case of divorce. Just my 2 cents. 2 1 Link to comment Share on other sites More sharing options...
NorthernRyland Posted May 1 Share Posted May 1 3 hours ago, AnotherOneHere said: Usufruct Provides temporary ownership rights for use and enjoyment of the property along with an advantage of being able to reap the profits from property. A usufruct will be registered in a similar manner to a lease of up to 30 years or until the lifetime of the usufructuary. Issuing these to foreigners seems to go against the spirit of the law so my question is has anyone gone to court over their usufruct and won? If you can simply get any Thai person to buy land in their name and sign away the rights to you then foreign ownership is easy and everyone would be doing it. It begs the question too why people setup nominee companies if all you need is the usufruct. 1 Link to comment Share on other sites More sharing options...
Popular Post FritsSikkink Posted May 1 Popular Post Share Posted May 1 Everything I give to my wife is to secure my kids future, so I don't care at all. 3 2 3 1 2 Link to comment Share on other sites More sharing options...
Popular Post AnotherOneHere Posted May 1 Popular Post Share Posted May 1 3 hours ago, FritsSikkink said: Everything I give to my wife is to secure my kids future, so I don't care at all. Until she uses it to buy lottery tickets or to guarantee a mortgage to her deadbeat cousin behind your back. 2 2 1 Link to comment Share on other sites More sharing options...
Peterw42 Posted May 1 Share Posted May 1 12 hours ago, Suphawk said: Has anyone had any experience trying to buy a house and land where your wife/girlfriend owns the land and leases it to you for a 30 year contract, and you keep ownership of the house itself? To answer your original question. You cant just spin off the house ownership from an existing land with a house on it. Houses don't have a separate title deed, or any title deed. The only way you can own a house is if you build the house hand have the receipts. It doesn't mean much as its still a structure on someone else's land, it cant be bought or sold without the land title. 1 Link to comment Share on other sites More sharing options...
Popular Post Celsius Posted May 1 Popular Post Share Posted May 1 7 hours ago, FritsSikkink said: Everything I give to my wife is to secure my kids future, so I don't care at all. Delusional 1 1 1 1 1 Link to comment Share on other sites More sharing options...
KhunLA Posted May 1 Share Posted May 1 (edited) 12 hours ago, Suphawk said: Has anyone had any experience trying to buy a house and land where your wife/girlfriend owns the land and leases it to you for a 30 year contract, and you keep ownership of the house itself? If needing to even ask this query, then you should lease/rent (elsewhere, NOT family owned) or buy a condo. In reality, the lease and any other paperwork is useless, if all goes tits up, and they don't want you living there. If going forward, with usufruct & POA, then still only invest in what you can walk away with. POA is 'power of attorney' so you can sell the land, without her even at land office, as she has already given you that right. RENT OR BUY CONDO Edited May 1 by KhunLA 1 Link to comment Share on other sites More sharing options...
Hellfire Posted May 2 Share Posted May 2 8 hours ago, FritsSikkink said: Everything I give to my wife is to secure my kids future, so I don't care at all. And it sounds like you already gave her EVERYTHING you had. I keep my fingers crossed for you. 1 1 Link to comment Share on other sites More sharing options...
Sigmund Posted May 2 Share Posted May 2 The law needs to change fast and enable foreigners who have bought houses to be able to purchase the land and at a decent cost. At least one piece of land would enhance trust in foreign investment. Because with the current leasehold-usurfuit schemes many foreigners do not want to buy a house in Thailand. 2 Link to comment Share on other sites More sharing options...
SAFETY FIRST Posted May 2 Share Posted May 2 8 hours ago, FritsSikkink said: Everything I give to my wife is to secure my kids future, so I don't care at all. Sounds nice but are you sure she won't gamble away the funds etc? Its been done before!!!! Link to comment Share on other sites More sharing options...
newbee2022 Posted May 2 Share Posted May 2 13 hours ago, Suphawk said: Has anyone had any experience trying to buy a house and land where your wife/girlfriend owns the land and leases it to you for a 30 year contract, and you keep ownership of the house itself? It's called usufruct? 2 Link to comment Share on other sites More sharing options...
Mike Lister Posted May 2 Share Posted May 2 4 minutes ago, newbee2022 said: It's called usufruct? No it is not! An usufruct does nothing of the sort, only a superficies will meet the OPs requirement as stated. 1 Link to comment Share on other sites More sharing options...
newbee2022 Posted May 2 Share Posted May 2 16 minutes ago, Mike Lister said: No it is not! An usufruct does nothing of the sort, only a superficies will meet the OPs requirement as stated. Because usufruct is focused on a building only, not only the land? So OP has to go for a lease? Link to comment Share on other sites More sharing options...
FritsSikkink Posted May 2 Share Posted May 2 53 minutes ago, SAFETY FIRST said: Sounds nice but are you sure she won't gamble away the funds etc? Its been done before!!!! My wife owns several businesses, no time to gamble. 1 Link to comment Share on other sites More sharing options...
Popular Post FritsSikkink Posted May 2 Popular Post Share Posted May 2 1 hour ago, Hellfire said: And it sounds like you already gave her EVERYTHING you had. I keep my fingers crossed for you. I am still working and making a lot more money than 90 + % of the people on this forum. 3 1 1 1 Link to comment Share on other sites More sharing options...
Popular Post FritsSikkink Posted May 2 Popular Post Share Posted May 2 1 hour ago, Celsius said: Delusional How would you know, you are a tourist how can afford to come here occasionally. We have 5 plots of land, 4 houses and a durian farm. 1 1 3 1 Link to comment Share on other sites More sharing options...
FritsSikkink Posted May 2 Share Posted May 2 5 hours ago, AnotherOneHere said: Until she uses it to buy lottery tickets or to guarantee a mortgage to her deadbeat cousin behind your back. She makes a lot more money than the economical refugees here. 1 1 Link to comment Share on other sites More sharing options...
Mike Lister Posted May 2 Share Posted May 2 27 minutes ago, newbee2022 said: Because usufruct is focused on a building only, not only the land? So OP has to go for a lease? "superficies are ownership rights, the superficiary must take care of everything to maintain them and pay all expenses himself. Usufruct is not the right of ownership; therefore, to exercise usufruct, the usufructurist must take as much care of the property as a person of ordinary prudence would take of his property". https://www.golawphuket.com/thai-real-estate/superficies-and-usufruct/ 2 Link to comment Share on other sites More sharing options...
Thalueng Posted May 2 Share Posted May 2 1 hour ago, Peterw42 said: To answer your original question. You cant just spin off the house ownership from an existing land with a house on it. Houses don't have a separate title deed, or any title deed. The only way you can own a house is if you build the house hand have the receipts. It doesn't mean much as its still a structure on someone else's land, it cant be bought or sold without the land title. Wrong, you can add ownership of the house on the back of the land title deed. You should also nominate it's value which implies taxes on total value of house and land. 1 Link to comment Share on other sites More sharing options...
NorthernRyland Posted May 2 Share Posted May 2 1 hour ago, Sigmund said: The law needs to change fast and enable foreigners who have bought houses to be able to purchase the land and at a decent cost. At least one piece of land would enhance trust in foreign investment. Because with the current leasehold-usurfuit schemes many foreigners do not want to buy a house in Thailand. They're going the opposite direction and taxing you now. Thailand simply isn't a country to invest in. Link to comment Share on other sites More sharing options...
Thalueng Posted May 2 Share Posted May 2 10 hours ago, NorthernRyland said: Issuing these to foreigners seems to go against the spirit of the law so my question is has anyone gone to court over their usufruct and won? If you can simply get any Thai person to buy land in their name and sign away the rights to you then foreign ownership is easy and everyone would be doing it. It begs the question too why people setup nominee companies if all you need is the usufruct. It's possible and many people do it, but it can only be registered on the land title deed for 30 years. You need a side contract for longer periods which could possibly be debated in court. Setting up a company with the sole purpose of buying land is illegal. 1 Link to comment Share on other sites More sharing options...
newbee2022 Posted May 2 Share Posted May 2 14 minutes ago, Mike Lister said: "superficies are ownership rights, the superficiary must take care of everything to maintain them and pay all expenses himself. Usufruct is not the right of ownership; therefore, to exercise usufruct, the usufructurist must take as much care of the property as a person of ordinary prudence would take of his property". https://www.golawphuket.com/thai-real-estate/superficies-and-usufruct/ Thanks for the link🙏 1 Link to comment Share on other sites More sharing options...
NorthernRyland Posted May 2 Share Posted May 2 1 minute ago, Thalueng said: It's possible and many people do it, but it can only be registered on the land title deed for 30 years. You need a side contract for longer periods which could possibly be debated in court. Setting up a company with the sole purpose of buying land is illegal. yes I know they'll sign the papers for you but this skirts the spirit of the law and may not hold up in court. Land office may be issuing invalid documents basically. Usufructs are normally meant so people can have rights to work the land in leu of full ownership, not a backdoor so foreigners can own land. Link to comment Share on other sites More sharing options...
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