August 3, 2025Aug 3 Guys I've been married to a Thai for 20 years, although for work reasons I have been working in the UK for the last 6-7 years while she remained in Thailand. I will retire there in 2026-7. We own three properties in Thailand. One condo in Bkk in my name and two villages in Jomtien in her name. The condo and one villa is rented; she lives in the other. She proactively set up a will naming me sole beneficiary of the properties should she die first, so that's fine although it would be a pain in the arse to dispose of the properties within the year. She also wants to set up a usufruct, so I could live in the villas until my death. At that point, i would be more than happy to let her sister inherit the place. In this regard, I'm almost thinking i prefer the idea of a usufruct to a the will, particularly where it comes to property assets. Question: what would it cost to set up a usufruct via a lawyer? Roughly - anyone been through it? And: I've had it suggested that it's relatively easy to do yourself. Is that the case, and if so what's the process?
August 3, 2025Aug 3 7 minutes ago, Larkin said: Guys I've been married to a Thai for 20 years, although for work reasons I have been working in the UK for the last 6-7 years while she remained in Thailand. I will retire there in 2026-7. We own three properties in Thailand. One condo in Bkk in my name and two villages in Jomtien in her name. The condo and one villa is rented; she lives in the other. She proactively set up a will naming me sole beneficiary of the properties should she die first, so that's fine although it would be a pain in the arse to dispose of the properties within the year. She also wants to set up a usufruct, so I could live in the villas until my death. At that point, i would be more than happy to let her sister inherit the place. In this regard, I'm almost thinking i prefer the idea of a usufruct to a the will, particularly where it comes to property assets. Question: what would it cost to set up a usufruct via a lawyer? Roughly - anyone been through it? And: I've had it suggested that it's relatively easy to do yourself. Is that the case, and if so what's the process? Personally, I wouldn't do it myself. Some Land Offices are less than familiar with usufructs and some have refused to register them. Your location will dictate which lawyer you use but I used Isaan Lawyers; it was nearly 20 years ago so I have no idea of the cost.
August 3, 2025Aug 3 Popular Post From memory about 70 Baht at local Land Office they put a note and a stamp in the Chanote. Our local office was not familiar with the western legal terminology but when my wife explained what she wanted to do they understood. We did have to go back a week later to actually get it done.
August 3, 2025Aug 3 1 hour ago, hotandsticky said: Personally, I wouldn't do it myself. Some Land Offices are less than familiar with usufructs and some have refused to register them. Best to have a lawyer and be ready to pass the Land Office a brown envelop. Speaking from experience. Once you have it is written on the Land deed and you have rights to the property as long as you're alive.
August 3, 2025Aug 3 The law firm I used isaanlawyers.com cost was 6,000฿, the whole process was done via email and Line app. First I done my research at the local land office to make sure they would grant me the usufruct before instruction the law firm.
August 3, 2025Aug 3 2 hours ago, Larkin said: Guys I've been married to a Thai for 20 years, although for work reasons I have been working in the UK for the last 6-7 years while she remained in Thailand. I will retire there in 2026-7. We own three properties in Thailand. One condo in Bkk in my name and two villages in Jomtien in her name. The condo and one villa is rented; she lives in the other. She proactively set up a will naming me sole beneficiary of the properties should she die first, so that's fine although it would be a pain in the arse to dispose of the properties within the year. She also wants to set up a usufruct, so I could live in the villas until my death. At that point, i would be more than happy to let her sister inherit the place. In this regard, I'm almost thinking i prefer the idea of a usufruct to a the will, particularly where it comes to property assets. Question: what would it cost to set up a usufruct via a lawyer? Roughly - anyone been through it? And: I've had it suggested that it's relatively easy to do yourself. Is that the case, and if so what's the process? Via a lawyer maybe 8000-10,000 THB Show them this in Thai, they will understand สิทธิเก็บกิน
August 3, 2025Aug 3 36 minutes ago, Larkin said: Thanks. I’ll be in Jomtien so it makes sense to do it there. If this is the Pattaya land office then be aware that at one point they stopped allowing registration for foreigners. However since your wife already owns the property then it may not be an issue. Initial step could be just to get her to wander in and ask. I was fortunate that mine was granted before they stopped although I also had to pay a 'facilitation' fee........and that was also using a solicitor
August 3, 2025Aug 3 Author Thanks all. Very helpful. A supplementary question if I may: while I understand the usufruct gives me the ‘right to enjoy’ the property until my death, does that mean just the right to live or the right to benefit from also. There are two houses. One I will live in. I would hope to be able to rent the other if that’s legally possible.
August 3, 2025Aug 3 Author 1 minute ago, topt said: If this is the Pattaya land office then be aware that at one point they stopped allowing registration for foreigners. However since your wife already owns the property then it may not be an issue. Initial step could be just to get her to wander in and ask. I was fortunate that mine was granted before they stopped although I also had to pay a 'facilitation' fee........and that was also using a solicitor it is. She already has some good contacts at that Land Office, which helped drastically reduce the transfer fees (for a brown envelope of course) on both those purchases.
August 3, 2025Aug 3 usufruct is one thing, you really don't need a lawyer for. As @VocalNeal stated, too easy & inexpensive to simply DIY. I've had 11 (?) done, and all very easy, at Udon Thani & Prachuap Khiri Khan.
August 3, 2025Aug 3 5 minutes ago, Larkin said: Thanks all. Very helpful. A supplementary question if I may: while I understand the usufruct gives me the ‘right to enjoy’ the property until my death, does that mean just the right to live or the right to benefit from also. There are two houses. One I will live in. I would hope to be able to rent the other if that’s legally possible. Even though you have an usufruct which enables you to live and benefit from the property the ownership would still have to pass to a Thai on your wife's death - unless it went in a company name. Usufruct would still be valid. Not sure how it would work with 2 properties and you may get push back at the Land Office to register 2 at the same time but really I have no idea
August 3, 2025Aug 3 4 minutes ago, KhunLA said: I've had 11 (?) done, and all very easy, at Udon Thani & Prachuap Khiri Khan. Unfortunately Pattaya has never been "easy" as I know from personal experience and conversations with lawyers. Possibly It may have changed more recently.......
August 3, 2025Aug 3 17 minutes ago, Larkin said: does that mean just the right to live or the right to benefit from also. Only the right to live. For be able to enjoy benefits in Thailand you would need a company and a work permit to do business that generates income. However, if your wife gives you half, that´s up to her. 🙂
August 6, 2025Aug 6 On 8/3/2025 at 4:51 PM, Larkin said: it is. She already has some good contacts at that Land Office, which helped drastically reduce the transfer fees (for a brown envelope of course) on both those purchases. I fail to see the need for an inducement when it is a straight forward legal process that each Land Office is obliged to do as part of their salaried duties. In my case the Sankamphaeng Land Office calculated a one-off fee of 12,00THB which would be the average amount per month to Rent a decent home in my District. (The Usufruct was seen as a Rental Contract with terms ranging from 20, 25 and 30 years, inluding the size of the home). I elected 30years. I am not married but do appear on my partners' Chanote and Blue Book. (I do have my own Yellow Book and Pink ID Card). I later attached all the relevant documents as a Codicil to my Thai Will. PS. My partner paid the 12,000THB.
August 6, 2025Aug 6 On 8/3/2025 at 4:50 PM, Larkin said: I would hope to be able to rent the other if that’s legally possible. I would not be telling anybody that statement in future, it is simply not necessary. Do what you and your wife want, don't advertise it.
August 6, 2025Aug 6 2 hours ago, tandor said: I fail to see the need for an inducement when it is a straight forward legal process that each Land Office is obliged to do as part of their salaried duties. In my case the Sankamphaeng Land Office calculated a one-off fee of 12,00THB which would be the average amount per month to Rent a decent home in my District. (The Usufruct was seen as a Rental Contract with terms ranging from 20, 25 and 30 years, inluding the size of the home). I elected 30years. I am not married but do appear on my partners' Chanote and Blue Book. (I do have my own Yellow Book and Pink ID Card). I later attached all the relevant documents as a Codicil to my Thai Will. PS. My partner paid the 12,000THB. Usufruct and lease are not the same thing. Also, usufruct might be more secure than a lease which can be broken in certain circumstances. However, I seem to remember reading a while ago that a usufruct given by one's spouse is not as secure as with an unrelated person.
August 6, 2025Aug 6 On 8/3/2025 at 4:50 PM, Larkin said: Thanks all. Very helpful. A supplementary question if I may: while I understand the usufruct gives me the ‘right to enjoy’ the property until my death, does that mean just the right to live or the right to benefit from also. There are two houses. One I will live in. I would hope to be able to rent the other if that’s legally possible. Well, what it says on the back of the chanot is that you have life-long right of access to the properties, thus making the properties de facto unsellable (no buyer would agree to take over the usufruct). But the person to decide what can be done or not (rental, rebuild something, the works) would be the person in whose name the properties are. That could potentially be a touchy issue - if you're very friendly with the sister/owner, and remain that way, it's peaches and cream, but THAT is nowhere in writing, and can change over time - for reasons. The cost for a lawyer to get that written on the back of the chanot varies greatly. I know a farang who was charged something like THB 40k for getting it done at the Land Office... I wouldn't think that anyone would offer "resistance" at the Land Office, and if you have a Thai person with you who can explain what is up, maybe write a contract with the (registered) owner, it's only a matter of paying a small fee, as someone mentioned above!!!
August 6, 2025Aug 6 On 8/3/2025 at 2:04 PM, Larkin said: Guys I've been married to a Thai for 20 years, although for work reasons I have been working in the UK for the last 6-7 years while she remained in Thailand. I will retire there in 2026-7. We own three properties in Thailand. One condo in Bkk in my name and two villages in Jomtien in her name. The condo and one villa is rented; she lives in the other. She proactively set up a will naming me sole beneficiary of the properties should she die first, so that's fine although it would be a pain in the arse to dispose of the properties within the year. She also wants to set up a usufruct, so I could live in the villas until my death. At that point, i would be more than happy to let her sister inherit the place. In this regard, I'm almost thinking i prefer the idea of a usufruct to a the will, particularly where it comes to property assets. Question: what would it cost to set up a usufruct via a lawyer? Roughly - anyone been through it? And: I've had it suggested that it's relatively easy to do yourself. Is that the case, and if so what's the process? It sounds like your wife is competent in dealing with government / paperwork /wills etc. In which case, obtaining your usufruct should be pretty painless, and absolutely not require the use of a lawyer. We did this last year for a house my partner owns in Udon Thani, and it was very straightforward. My partner went to the local Land Office and asked what was required to add a usufruct in my name to the chanote. They itemised the documents required (I recall it may even have been in the form of a printed list). We put together the required paperwork, went back to the Land Office and I think we were in and out in an hour and a half (it was pretty busy) with my name as a usufruct holder inserted on the back of the chanote. Neither of us can remember what the fee was, but we think maybe 100 Baht -- anyway, certainly in the low hundreds. So, from our experience, needing to use a lawyer or paying an "agent's fee" is totally unnecessary. It is all very simple stuff. Good luck
August 6, 2025Aug 6 The Land Office in Mae Rim, Chiang Mai was very helpful, but we had to keep chasing up the progress. My partner was interviewed and we had to pay a small fee, about 20 baht. It states that I have the right to live there until I die, if my partner goes before me! I cannot sell the property at no stage, even though I paid for it. It would most likely pass to her Mother and Sister. I have a good relationship with them. I am not sure why you need a lawyer?
August 7, 2025Aug 7 14 hours ago, placnx said: Usufruct and lease are not the same thing. Also, usufruct might be more secure than a lease which can be broken in certain circumstances. However, I seem to remember reading a while ago that a usufruct given by one's spouse is not as secure as with an unrelated person. the Land Office boss explained it in broken English as akin to a Contract..ok. As mentioned later i too included the Registered Usufruct in my Will.
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