Touchy Subject... Something we don't want to think about...

[KhunLA]

Same as every country, abet, foreigner can't own land, but as already stated, she should have a will.   And added protection for you / OP @AcuDoc, maybe another trusted person's name on paperwork, unless of course you know who you can transfer to, if needed (if staying or till sold) within the 1 year grace period, and still live there.

 

This has already been discussed on so many threads, and all a bit of common sense.  Know the law and prepare for the worst.

 

My wife has will, and trusted daughter's name is on all important paperwork.  No worries, unless they both crap out in the same car crash.  Which case I just transfer to one of her 7 siblings till I sell it along with all the crap I inherit from my daughter.  If sold within the year, which it would be, then I wouldn't even have to transfer to one of wife's sisters.

[AcuDoc]

34 minutes ago, Sticky Rice Balls said:

with that age gap im sure she hopes the same thing 🙂

nice... i was perfectly happy being by myself for years... i was divorced for 43 years before i met her and lived in thailand for 3 years before we met... i had numerous friends try and set me up, to meet women that they told me wondered why i didn't have a girlfriend or a wife and the answer was always the same... "I don't want one"... I never believed in love at first sight until it happened... I met my wife where we live in the small farming community of Nawa... she was making/selling som tum which I'm addicted to... In the 3 years we have been together there has never been a raised voice or a cross word between us... she very rarely if ever asks me for a thing... her life is better and so is mine... she filled a whole in my soul an my heart I didn't even realize was there... she has thanked more than once saying "thank you for being with me, I always thought I'd be alone for the rest of my life" and between the two of us I am getting the better end of this deal... my favorite photo of me and pla...

 

[BritManToo]

1 hour ago, Angus55 said:

Of course . As soon as you die you are no longer bringing money into the country .

VISA valid until end date, extension valid until reason for extension ends or end date if first.

[AcuDoc]

1 hour ago, Lacessit said:

I have a Thai will, and an Australian will.

 

The Thai will leaves all assets ( mostly cash ) in Thailand to her. The Australian will leaves all assets there to my son.

pretty much what i am having drawn up... my us assets i'm doing 50% to my wife and 50% to the grandkids (2)... they both work hard and are also in the ex's family trust from my first wife, which to this day is still one of my closest friends, which will have them set for life... my thai wife will need the money more...

[AcuDoc]

1 hour ago, Liverpool Lou said:

As her husband (a registered marriage, presumably) your wife's intestate estate would be split between you and your son but, as someone else pointed out, you'd have to dispose of any land you inherited, being a foreigner.   There is no document or provision for a foreigner to own the land in the intestate circumstance that you forsee.

does it matter that he is my step son... he is from her first husband... he is mine thru our

marriage...

[AcuDoc]

1 hour ago, billd766 said:

AFAIR you can make a Thai will together with your wife and nominate who the house and land will do to if she dies before you. If you have legally adopted your wife's son by her first marriage (here I am not 100% certain), he will get the first chance, followed by her parents, followed by blood relatives (brothers and sisters in age), and then uncles and aunts, then your wife's cousins.

 

If your wife's son is underage he can still inherit the house and land though the court may appoint someone in the family as his guardian.

 

In a will any of them can be written out.

 

If the house and land are left to you alone, you are allowed 1 year to dispose of it.

 

Here is one link which you may find useful.

 

https://www.thailandlawonline.com/thai-family-and-marriage-law/legal-aspects-of-a-last-will-and-testament-in-thailand

 

You can also do an internet search along the lines of "What happens if my wife dies before me".

 

I hope that this is of some use to pointing in the right direction.

thanks so much... very useful info... i have not and will not adopt my "thai son"... he is a great kid but it is not something i am willing to do... again thanks for the great info

[AcuDoc]

Thanks to everyone for all the great info... appreciated

[Liverpool Lou]

51 minutes ago, AcuDoc said:

2 hours ago, Liverpool Lou said:

As her husband (a registered marriage, presumably) your wife's intestate estate would be split between you and your son but, as someone else pointed out, you'd have to dispose of any land you inherited, being a foreigner.   There is no document or provision for a foreigner to own the land in the intestate circumstance that you forsee.

does it matter that he is my step son... he is from her first husband... he is mine thru our

marriage...

No, he's her son, so he has the same entitlement as a biological child of you and your wife when she dies                          .

[thaibeachlovers]

On 5/14/2024 at 4:35 PM, AcuDoc said:

We (I) bought land last year and we are going to build a house so when I die she has her own place... She never asked me to do, my wife is very low maintenance, this is something that I wanted to do for her. I am not a wealthy man, do not have a lot of money in the bank and still working in order to make money to build the house which if I wasn't married that money would be for my retirement...

Good grief. Just leave her the money and she can build a house herself.

You sound like you think she can't do anything without you to do it for her.

 

As for the land, you already know the answer. You don't own it, PERIOD. Up to the family to let you stay or not. Would you even want to live in the house if she wasn't around?

[JimGant]

On 5/14/2024 at 11:35 AM, AcuDoc said:

So here is my question... worse case scenario if my wife dies for some reason what happens to the land, does it just go to her family... I know that as a farang I can't own land but is there a legal document that could have the land go to me or that it could be sold... I get along great with my in-laws and believe that they would let me live there until I die

As has already been said, have her accomplish a Will, with you designated as the inheritor of her house and land. Then go to the land office and record either a 30 year lease, or a usufruct, on the back of the Chanote.

 

Thus, the Will says you get the land. But, because you can't own it due to Thai law, you get "right of first disposition," meaning you can give it away to a relative, or sell it to a stranger. Makes no difference to you, at least for the next 30 years, as no one can remove you during that period, because of the lease (or even longer, if a usufruct). Only if you didn't want your relative to get the land would you sell it to a stranger -- and that would be at a substantial discount, since the stranger can't do much with that land, with your butt stuck on it for 30 years.

[BobBKK]

1/ A Will
2/ A POA

You get one year to sell the house UNLESS you get a Usufruct for your life time - but then it goes to her family. If you want to get the money OUT then git it in a Will and sell - inconvenient but at least you get the $$$

[TheFishman1]

For your own peace of mind, I would bring this up with an attorney and let them and you figure out what your best options are. There are many options what you wanna do, but I think it’d be best if you talk to illegal minded attorney rather than getting these answers from people that don’t fully understand or don’t have a legal law to help you. TIT

[jippytum]

Why have the hassle and stress of building a house at this time in your life. 

Make a will in favour of your wife and she can decide for herself should anything hsppen to you. 

[soalbundy]

I have made sure I own nothing, the house and land are in my wife's and our 17 year old son's name, I've transferred ownership of the car and motorbike to my wife a long time ago so I've no need of a will, when I die it will be as if I never existed. My wife has a life insurance in which I and our son are beneficiaries. I have a funeral insurance which takes care  of the cost of a cremation at our village temple, keep it simple.

[tandor]

get a Usufruct allowing you to live out your days in the home you built. Easy to do, both of you go to the Land Office with Proof of Residency, she her Blue Book and Chanote and make the deal there and pay the fee.

[sandyf]

On 5/14/2024 at 12:42 PM, impulse said:

 

Not meaning to be morbid, but when does that 7 day clock start?  Is it upon declaration of death, after the funeral, or exactly what triggers the clock?

 

 

Where do you get "7 day clock" from?

Poster said expiry date of visa, which could be months away.

[sandyf]

On 5/14/2024 at 12:48 PM, Sophon said:

 

You are wrong about that, an extension based on marriage remains valid until it expires in the case of the spouse's death.

Fairly obvious he meant "visa extension" rather a visa, which would have expired on entry.

Implied text appears to be an alien concept.

 

[brianthainess]

On 5/14/2024 at 12:46 PM, CharlieH said:

Generally when the person is certified deceased, that's what is entered on official paperwork etc. 

Agree it would be the date on the death cert, IMO that also has to be registered at the local Amphur office.   

[brianthainess]

On 5/14/2024 at 12:48 PM, Sophon said:

On 5/14/2024 at 12:34 PM, CharlieH said:

Worth mentioning, and something for consideration, your visa status is also impacted by the death if you have a visa extension based on marriage, that will need to be addressed you have until the expiry date on your visa to make alternate arrangements.

 

You are wrong about that, an extension based on marriage remains valid until it expires in the case of the spouse's death.

Aren't you both saying the same thing ?...................

[brianthainess]

On 5/14/2024 at 2:40 PM, AcuDoc said:

Thanks to everyone for all the great info... appreciated

I am surprised that more people have not mentioned a Usufruct obtainable at the land office. There are some rouge offices that don't like giving them to Falang, but by law they have to, I've heard that lawyers will issue you with a letter to show them. 'Issan Lawyers' are said to be a very reliable company. 

[brianthainess]

On 6/18/2024 at 2:16 PM, BobBKK said:

1/ A Will
2/ A POA

You get one year to sell the house UNLESS you get a Usufruct for your life time - but then it goes to her family. If you want to get the money OUT then git it in a Will and sell - inconvenient but at least you get the $$$

Hard to sell land that has a Usurfruct on it.

[john donson]

never buy anything that is not in your name...

[john donson]

27 minutes ago, brianthainess said:

I am surprised that more people have not mentioned a Usufruct obtainable at the land office. There are some rouge offices that don't like giving them to Falang, but by law they have to, I've heard that lawyers will issue you with a letter to show them. 'Issan Lawyers' are said to be a very reliable company. 

 

if land office says no... then it is no ... unless... you bring a lawyer that is not a sheep

[brianthainess]

Just now, john donson said:

 

if land office says no... then it is no ... unless... you bring a lawyer that is not a sheep

The letter costs around 6k apparently and that will point out further action will/can be taken. But it is only a few offices that think they can refuse. Hopefully they have woken up by now.

[1FinickyOne]

On 5/14/2024 at 2:18 PM, AcuDoc said:

nice... i was perfectly happy being by myself for years... i was divorced for 43 years before i met her and lived in thailand for 3 years before we met... i had numerous friends try and set me up, to meet women that they told me wondered why i didn't have a girlfriend or a wife and the answer was always the same... "I don't want one"... I never believed in love at first sight until it happened... I met my wife where we live in the small farming community of Nawa... she was making/selling som tum which I'm addicted to... In the 3 years we have been together there has never been a raised voice or a cross word between us... she very rarely if ever asks me for a thing... her life is better and so is mine... she filled a whole in my soul an my heart I didn't even realize was there... she has thanked more than once saying "thank you for being with me, I always thought I'd be alone for the rest of my life" and between the two of us I am getting the better end of this deal... my favorite photo of me and pla...

 

What a lovely story and photo... thanks for sharing

[connda]

On 5/14/2024 at 11:55 AM, CharlieH said:

She should have a Will, and generally, you as her husband have 1 year to sell or otherwise transfer into a Thai person.

Usufruct Contract - look it up.

[CharlieH]

2 minutes ago, connda said:

Usufruct Contract - look it up.

"Generally"  - look it up !

[connda]

3 hours ago, brianthainess said:

Hard to sell land that has a Usurfruct on it.

Yep - your name is on the land deed.  Like mine is on my wife's land deed.  Plus she has a will that's gives everything on that land to me.  Land goes to my son. I control the property until I die.  Son can sell it after I kick the bucket. 
But - I'd much rather die before her.  Less complicated.

 

 

 

[connda]

On 5/14/2024 at 12:42 PM, scubascuba3 said:

The house will go to you and you have 1 year to sell to a thai or thai company (which can be you) 

Unless you have a Usufruct contract which allows you to live out your life on the land.

[brianthainess]

Just now, connda said:

Unless you have a Usufruct contract which allows you to live out your life on the land.

Not only that but all produce from the land is yours to sell, apparently, but not sure how one's visa /extension would allow that without a work permit ??