Death of Spouse

[narkeddiver]

Hi,

 

my friend is a western lady, married to a Thai gent, on an extension based on marriage 

 

Sadly her husband has just passed away -  what does she need to do from an Immigration perspective?

 

thanks in advance

[DrJack54]

Her current permission of stay should not be affected.

When current permission of stay ends she needs to look at alternative.

If over 50 she could change to extension based on retirement.

Requires financials.

Process outlined in this thread.

Obviously that thread is general and mentions spouse attends immigration for change to retirement. 

Clearly different for deceased wife/husband.

https://aseannow.com/topic/1294679-changing-marriage-extension-to-retirement/#elControls_18077110_menu

 

This contrasts situation where divorce occurs. 

For divorce the permission of stay ends.

 

[BritManToo]

Why didn't she get citizenship when married?

Anyways immigration, if she's over 50, apply for non o as retired.

Or she could go back to her country of origins.

[Liquorice]

As stated, her current permission of stay is unaffected.

Her options thereafter depend on her age and financial position.

[renaissanc]

There is one more point to consider. "My" house is owned by my Thai wife. We have made a will to prevent the following from happening. You see, I found out that if she died first and there was no will, I would have to sell the house within 12 months and share the money with the relations. Having 25 rescued cats this would be a disaster for the cats. I really don't want to get married again just to ensure that the cats have a house and garden to live in. Besides, no other woman would want to look after the cats with me. So, if the woman and her now ex-spouse made a will, she can live in the house until she dies. If not, she will have to sell the property.
https://www.siam-legal.com/legal_services/succession-and-inheritance-thailand-faqs.php#:~:text=As a spouse%2C you will,of statutory heirs are available).

[jcmj]

Best go to a lawyer and let them help her through the process. If there’s a Will it should be much easier, but still takes time and a bunch of paperwork, which is usually in Thai. If she can read and speak Thai maybe she can find someone to just help her through the paperwork. Never straight forward here unfortunately with Foreigners involved. 

[IsaanT]

55 minutes ago, renaissanc said:

There is one more point to consider. "My" house is owned by my Thai wife. We have made a will to prevent the following from happening. You see, I found out that if she died first and there was no will, I would have to sell the house within 12 months and share the money with the relations. Having 25 rescued cats this would be a disaster for the cats. I really don't want to get married again just to ensure that the cats have a house and garden to live in. Besides, no other woman would want to look after the cats with me. So, if the woman and her now ex-spouse made a will, she can live in the house until she dies. If not, she will have to sell the property.
https://www.siam-legal.com/legal_services/succession-and-inheritance-thailand-faqs.php#:~:text=As a spouse%2C you will,of statutory heirs are available).

An usufruct agreement is a good thing to have for the foreign partner/Thai house-owner situation.
 

A Thai usufruct agreement is a legal arrangement that grants a person (often a foreigner) the right to use and benefit from a property—typically a house—owned by a Thai national, without owning the land itself. Under this agreement:

• The foreigner (usufructuary) can live in the house, rent it out, or otherwise use it for their benefit.

• The Thai landowner retains ownership of the land, but must respect the usufruct holder’s rights for the duration of the agreement.

• A usufruct can be granted for the lifetime of the foreigner or for a set period (often up to 30 years).

• It must be registered at the Land Office to be legally enforceable and to provide real security of tenure.

This arrangement is commonly used by foreigners in long-term relationships or business partnerships with Thai nationals to secure long-term use of a property without violating Thai land ownership laws.

It's very simple to arrange.

[AhFarangJa]

12 minutes ago, IsaanT said:

An usufruct agreement is a good thing to have for the foreign partner/Thai house-owner situation.
 

A Thai usufruct agreement is a legal arrangement that grants a person (often a foreigner) the right to use and benefit from a property—typically a house—owned by a Thai national, without owning the land itself. Under this agreement:

• The foreigner (usufructuary) can live in the house, rent it out, or otherwise use it for their benefit.

• The Thai landowner retains ownership of the land, but must respect the usufruct holder’s rights for the duration of the agreement.

• A usufruct can be granted for the lifetime of the foreigner or for a set period (often up to 30 years).

• It must be registered at the Land Office to be legally enforceable and to provide real security of tenure.

This arrangement is commonly used by foreigners in long-term relationships or business partnerships with Thai nationals to secure long-term use of a property without violating Thai land ownership laws.

It's very simple to arrange.

Yes, a userfruct is a good option to have upon the demise of a partner, but many people do not know that in the event of a divorce a court can terminate it as part of the division of the marital assets.

 

[IsaanT]

14 minutes ago, AhFarangJa said:

Yes, a userfruct is a good option to have upon the demise of a partner, but many people do not know that in the event of a divorce a court can terminate it as part of the division of the marital assets.

 

Does that fact support the approach to not get married to one's Thai partner in the first place?