Thai wife owning land and leasing it to you

[thaibeachlovers]

14 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?

As has been pointed out many times on the forum, if one gets divorced ( unless in a very amicable way ) the chances of staying on in the house that one paid for would likely be zero. There are probably hundreds of ways that she and/or the family can make it impossible to remain in it.

 

Keep the money and live in her house with her. You do trust her, don't you?

[JeffersLos]

12 minutes ago, Thalueng said:

it can only be registered on the land title deed for 30 years.

 

My usufruct is listed until death, stamped on the title deeds. 

 

The owner is Thai, stamped on the title deeds. 

 

The usufruct, stamped on the title deeds means that the property cannot be sold, transferred or used as collateral without legal consent. If you do give legal consent, the new land owner still doesn't have the rights to the property until you are removed, either by death or by legal consent. 

[Celsius]

58 minutes ago, FritsSikkink said:

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.

 

"we"

 

🤣

[Hellfire]

1 hour ago, FritsSikkink said:

I am still working and making a lot more money than 90 + % of the people on this forum.

What's the purpose of putting in all this effort if everything ultimately ends up in your wife's possession?

[Hellfire]

1 hour ago, FritsSikkink said:

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.

You don't even legally own a single rotten durian from that farm, let alone anything else. If I were in your shoes, I'd be terrified just to glance at my wife in a way that she might misinterpret negatively. To me, you represent the worst kind of gambler.

 

 

[brianthainess]

7 hours ago, AnotherOneHere said:

 

Until she uses it to buy lottery tickets or to guarantee a mortgage to her deadbeat cousin behind your back.

My(disabled) mate lost everything his wife gambled away the lot, then did a runner from the loan sharks, 3 times, last heard of went to Dubai 'to learn massage' 3 yrs ago.

just to add since then my mate passed away, as far as I know, she has no idea he died.

[FritsSikkink]

24 minutes ago, Hellfire said:

You don't even legally own a single rotten durian from that farm, let alone anything else. If I were in your shoes, I'd be terrified just to glance at my wife in a way that she might misinterpret negatively. To me, you represent the worst kind of gambler.

 

 

It is for my kids, I don't need a penny of it. I have loads of money in the bank and earn more every month. 

Sad that you are afraid of your wife, i don't have that problem.

[FritsSikkink]

33 minutes ago, Celsius said:

 

"we"

 

🤣

It is for my kids.

[Neeranam]

Don't get married in Thailand until you've lived here for 5 years. 

Don't build a house until you've been married for 5 years. 

Don't marry someone you can't trust 100%

[NorthernRyland]

19 minutes ago, Neeranam said:

Don't get married in Thailand until you've lived here for 5 years. 

Don't build a house until you've been married for 5 years. 

Don't marry someone you can't trust 100%

Best advice. If you can't survive 5 years in the country and be in a stable marriage then land should be the furthest thing in your mind.

[john donson]

16 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 corrupt land department does not want with or without tea money

 

and void at divorce...

[john donson]

25 minutes ago, Neeranam said:

Don't get married in Thailand until you've lived here for 5 years. 

Don't build a house until you've been married for 5 years. 

Don't marry someone you can't trust 100%

 

the long game... heard of it ...  

 

buy with mortgage in her name

 

if <deleted> hits the fan, leave...

 

better be worth more alive then dead...

 

don't buy / pay what you cannot own

 

[FritsSikkink]

44 minutes ago, Neeranam said:

Don't get married in Thailand until you've lived here for 5 years. 

Don't build a house until you've been married for 5 years. 

Don't marry someone you can't trust 100%

Came here the first time over 40 years ago, speak Thai and oldest daughter is 19 🙂

[Hummin]

8 hours ago, AnotherOneHere said:

 

Until she uses it to buy lottery tickets or to guarantee a mortgage to her deadbeat cousin behind your back.

If I was afraid of that, I would never married my wife, or if any in here close family for that sake. 

[JeffersLos]

1 hour ago, Neeranam said:

Don't get married in Thailand until you've lived here for 5 years. 

Don't build a house until you've been married for 5 years. 

Don't marry someone you can't trust 100%

 

Put your life savings into crypto. 

[topt]

2 hours ago, JeffersLos said:

The usufruct, stamped on the title deeds means that the property cannot be sold, transferred or used as collateral without legal consent.

Do you have this written into your agreement?

If not it is my understanding that the owner could sell but that the usufruct remains in place. As a consequence unlikely that anyone would want to pay or accept as collateral.

[digbeth]

Advantage of superficies is that you can sell/transfer or lease out the superficies, but in either case if they don't want you there there's plenty of means where legal protection isn't worth much

[JeffersLos]

30 minutes ago, topt said:

Do you have this written into your agreement?

If not it is my understanding that the owner could sell but that the usufruct remains in place. As a consequence unlikely that anyone would want to pay or accept as collateral.

 

Excuse me, the owner can sell the property but the usufruct stays in place until death. 

 

https://www.samuiforsale.com/real-rights/usufruct-property-rights.html

 

https://www.samuiforsale.com/family-law/usufruct-in-a-thai-marriage.html

 

Another use is if the foreigner survives their Thai spouse. 

[jonclark]

13 hours ago, FritsSikkink said:

Everything I give to my wife is to secure my kids future, so I don't care at all.

 

All the negative comments and ridicule you will no doubt get for making such comments, reflect the poor choices the ones making the jokes and ridcule have made - probably married hookers and got scammed. My wife and I have been together long time (30+ years) and I, sorry my wife and I, agree with you 100%, everything we own or do now is to secure a good future for our children and their children.  No doubt bank of mum and dad will also fork out for a deposit for the kids house as well. 

[jonclark]

2 hours ago, Hellfire said:

You don't even legally own a single rotten durian from that farm, let alone anything else. If I were in your shoes, I'd be terrified just to glance at my wife in a way that she might misinterpret negatively. To me, you represent the worst kind of gambler.

 

 

 Well kinda true - If for example a foreigner divorces his wife or vice versa all assets accrued during the marriage are required to be split equally, including property.

 

" According to a 1999 Ministry of Interior regulation, foreigners cannot own land in Thailand. Even if a foreigner marries a Thai national, he or she cannot have ownership over the land in Thailand. If you bought the land during the marriage, the Thailand Land Department requires the foreigner to sign a legal document to specify that this land is a non-marital property having a separate legal personality, therefore, only the Thai spouse will solely have ownership over the land. However, in the divorce proceeding, the foreigner spouse can provide evidence to the court proving that such land was also bought by his or her funds and the land should be considered being the marital property. Once the land is the marital property, then the land should be sold and the proceeds of the sale should be equally shared between the spouses."

 

Thaiembassy.com

[NorthernRyland]

17 minutes ago, JeffersLos said:

Another use is if the foreigner survives their Thai spouse. 

I brought this up with my wife and she thinks a traditional will is the correct thing to do.

[JeffersLos]

19 minutes ago, NorthernRyland said:

I brought this up with my wife and she thinks a traditional will is the correct thing to do.

 

You can be left the property in a will, but if you don't transfer it to a Thai within 12 months the land office can sell it at a price they see fit and keep 5% of the sale. 

 

A usufruct gives you full rights of the property until you die, and costs the same a bowl of tom yam goong. 

[jonclark]

37 minutes ago, JeffersLos said:

 

You can be left the property in a will, but if you don't transfer it to a Thai within 12 months the land office can sell it at a price they see fit and keep 5% of the sale. 

 

A usufruct gives you full rights of the property until you die, and costs the same a bowl of tom yam goong. 

Two questions.

How will the Land office know your spouse has died? 

Can you transfer the land to a minor? or hold the land for the minor until they reach adulthood? 

 

 

[Rimmer]

Troll post has been removed

[Toby1947]

15 hours ago, FritsSikkink said:

Everything I give to my wife is to secure my kids future, so I don't care at all.

Buy some trousers mate cause you definitely ain't wearing them. 😂🤣

[jak2002003]

'Thai wife owning land and leasing it to you' 

 

 

Do it!  What a great idea, what could possibly go wrong?! 😂

[FritsSikkink]

13 minutes ago, Toby1947 said:

Buy some trousers mate cause you definitely ain't wearing them. 😂🤣

I have a nice well-off family. Go boss some prostitutes around.

[khunPer]

21 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?

Yes, you can own a house on leased land, if you make a superficies agreement (or similar permission); and furthermore get architect drawings, building permissions, building construction contracts and payment receipts issued with your name as owner.

 

However, be aware of that any agreement made between husband and wife can be declared void in case of divorce. You can read more in the article about "protection and ownership" HERE. It's often suggested to make any land contracts – lease or usufruct – before the title deed is registered in a Thai wife's name.

[BTB1977]

Usufructs are useless.  I can't count how many farang I know that had one. But we're forced out of their house by the wife's/girlfriends family. They make living their unbearable.  One example her 2 son's move in after the house was just built. They both had jobs until the house was completed.  Than like magic they both got fired and moved in. Causing all sorts of problems. Always needing money for food,phone and partying at the house with their friends.  It got so bad my friend moved back to his home land and just left everything.  

Second real story.  I guy I know built a new home with his girlfriend on her land. Had all the paper work to protect him. Guaranteeing he had use for 30 years. But when his girlfriend brings her new German boyfriend home he is forced out. Got the police involved and everything.  They said she owns the land. She can have anyone she wants to live there. Up to him if he wants to stay. He left after 2 months completing the construction.  

[SiSePuede419]

Usufruct?

That's just a fancy word for lifetime lease.

It's just a lease that expires when you die.

 

It doesn't mean you're sophisticated because you use this word.

 

It's just another word for rental.

 

In fact, right off the top of my head it gives the Lifetime Lease holder an incentive to shorten your life period. 😭