Thai wife owning land and leasing it to you

[Speedhump]

On 5/2/2024 at 6:34 AM, 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.

You mean it can't be bought or sold without at least an existing land lease. Title is not necessary.

[bradiston]

On 5/2/2024 at 9:54 AM, 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%

Neeranam, didn't you obtain Thai citizenship via the quota channel? Sorry if I'm being nosey.

[bradiston]

On 5/2/2024 at 11:24 AM, 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.

Quite. It would show up in a due diligence search on the property, along with any other charges, liens, encumbrances, title checks etc etc. That's why the buyer's lawyer here ensured I had released all my interest and claim in the property via the usufruct before he ok'd the purchase by his client. It doesn't cost anything extra at the land office, but your lawyer will probably include the extra clauses in the sales contract in their fees.

[bradiston]

On 5/2/2024 at 11:58 AM, JeffersLos said:

 

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. 

I've used samuiforsale a lot in my fifteen years of property "ownership" here. An excellent site with excellent sample forms, available free as partial documents, and for a pretty modest fee for full download. Even an online consultation service. Just my 2¢ worth.

[john donson]

On 5/2/2024 at 8:17 AM, 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.

 

after divorce or death of spouse, you will have nothing as you officially own nothing

 

specially if thai family comes around to take possession of land/house

[JeffersLos]

50 minutes ago, john donson said:

after divorce or death of spouse, you will have nothing as you officially own nothing

 

Foreigners can be left land in a Thai will, after 12 months the land office can sell it and keep 5% of the selling price if it hasn't been sold or transferred to a Thai within the 12 month period. 

[FritsSikkink]

4 hours ago, john donson said:

 

after divorce or death of spouse, you will have nothing as you officially own nothing

 

specially if thai family comes around to take possession of land/house

Another not so bright reply from you. I am building a legacy for my kids, so they don't ever have to worry about money. I don't need to own anything, got loads of money and it will go to my kids when I die anyway. My Thai family respects me for many years already as I had 3 arguments with different members before and they don't want to start another one.

Understand that might sound very strange to you.

Nobody takes something from me if I don't want it to happen, I am not someone who runs away from problems, I actually like them.

 

Edited May 3 by FritsSikkink

[FritsSikkink]

4 hours ago, JeffersLos said:

 

Foreigners can be left land in a Thai will, after 12 months the land office can sell it and keep 5% of the selling price if it hasn't been sold or transferred to a Thai within the 12 month period. 

He hasn't got a clue.

[Scouse123]

On 5/1/2024 at 10:51 PM, FritsSikkink said:

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

 

 

Really?

[arick]

On 5/2/2024 at 2:24 AM, AnotherOneHere said:

 

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

Then put the usefruct and land in children's name. Usefruct can be cancel if married and then divorced. Loads are right ups on here from 10 years ago.

[advancebooking]

On 5/1/2024 at 6:33 PM, AnotherOneHere said:

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.

Not as easy as that at all. Completely depends on the land office. Many do not allow registered leases or usufructs. Mine doesnt. They can ask for proof of funds to buy that land. To and from accounts....

[natway09]

If you cannot trust your wife with the legal care of a land & house maybe you should not marry or build.

Just rent something

[oddgum]

On 5/2/2024 at 9:49 AM, FritsSikkink said:

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.

We can solve that situation by putting the property in our kid's name. The child takes full possession of the deed only upon majority. In the meantime, the parents maintain and enjoy the property. One wrinkle we ran into in our expat community is the ex selling the property using a provision in the law that the family was in duress. Another situation was upon majority the young man was browbeaten by the parent into allowing the parent control. Still, a deed solely in the child's name, is one way to provide a stepping stone to the child's future.

[FritsSikkink]

On 5/5/2024 at 2:03 PM, oddgum said:

We can solve that situation by putting the property in our kid's name. The child takes full possession of the deed only upon majority. In the meantime, the parents maintain and enjoy the property. One wrinkle we ran into in our expat community is the ex selling the property using a provision in the law that the family was in duress. Another situation was upon majority the young man was browbeaten by the parent into allowing the parent control. Still, a deed solely in the child's name, is one way to provide a stepping stone to the child's future.

I know my wife and family for a long time, got enough money to have a good live even if I get over 100 years (not very likely with the life I lived), so no need for that in my case.

[Vulture82]

On 5/2/2024 at 4:10 PM, khunPer said:

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.

What about the same case but unmarried, only gf and bf, can this still be done?

[KhunHeineken]

It all gets very interesting, should the wife die before you. 

[khunPer]

14 hours ago, Vulture82 said:

What about the same case but unmarried, only gf and bf, can this still be done?

Yes, that's even better, as the agreement cannot be declared void. You can make the superficies – or similar agreement for building construction on someone else's land – with any landowner; just restricted by the void-challence, if the land owner is a spouse.