I wrote to Sebastien H. Brousseau and here's his answer he sent in 2 minutes:

 

"Thanks. I am blocked on Thaivisa but I do not care much. This is what I would do: You lend money to the girlfriend, so start with a proper loan contract and an acknowledgment of debt. If there is a problem later, you have evidence and you protect yourself under Thai law. Maximum interests are 15%, but let's say 0%. The house already exists, so you do not register a superficies. Instead, you include a clause in the usufruct documents. This clause confirms that the house belongs to you. The land belongs to her. She agrees that you keep full rights to use, rent, or sell the structure. This applies when the usufruct ends or if you separate. This avoids any confusion about ownership. So you have loan + usufruct + maybe MOU.

 

Register a usufruct for life. Under sections 1417 to 1428 of the Civil and Commercial Code, a usufruct gives you possession, use, and benefit. You add wording that your girlfriend guarantees peaceful possession and cooperation. If she interferes, she pays damages. You also add the right to sublease without asking again. Foreigners often forget this part. With that clause, you rent the property to someone else and collect income. Fees at the Land Office are low. If you put the value at one million baht, you pay around fifteen thousand in tax.

 

Renewals in Thailand are tricky and there is no renewal for usufruct. But let's say you go for the lease. The Supreme Court said automatic renewal clauses for long periods do not work. So you add a declaration under section 168. If your girlfriend dies before you, her heirs see she promised cooperation to keep your rights. You also make a side agreement where she agrees a future renewal in exchange for a real benefit. For example, she gets the house after the second renewal or after you leave Thailand permanently. Thai courts have accepted that kind of deal in some cases where there was real consideration. It shows fairness.

 

Foreigners cannot own land. So, avoid any clause that suggests you can "buy the land later." This includes options to purchase that many law firms offer. Instead, build a profit-sharing exit stragtegy into the MOU. If you find a buyer for your rights or want to transfer your position, she gets a fair share. This share is usually around twenty to thirty percent. She has an interest to support you. You secure your position without breaking the rules.

 

Everything goes in writing but you avoid showing to the land department. They will think the foreigner has too many rights. They will stamp the usufruct. You can also keep a private contract for the loan and living together, if you want. However, the registered usufruct is what protects your daily use.

 

This setup keeps the land in her name. It makes the house yours by agreement. You can use it for your lifetime. You can also rent it out. It protects you if something goes wrong. It respects Thai law and keeps the relationship fair. If you want, I help structure that all the time for expats here. It is standard in Thailand when you love someone and still protect yourself a bit. We can do that for 40,000 baht for all contracts. However, they are custom made. Some land departments are very difficult. For example, Prachinburi does not allow usufruct now. Hang Dong in Chiang Mai limits usufruct and lease. It is best to avoid nominees, etc. "

 

On 10/20/2025 at 5:32 PM, Will B Good said:

 

 

HAHAHA! I would sell it to you tomorrow......sadly it's not mine......and believe me....you would not want to be living here.

 

It is about an hours drive beyond a sign that says You are now entering the back of beyond

 

Aha! So we're neighbours!!

On 10/20/2025 at 5:32 PM, scubascuba3 said:

Buying condos is ok, they've gone up massively since covid, those saying don't buy only rent have lost out

You buy it, next week you get an idiot living next to you who makes living there hell.

12 minutes ago, FritsSikkink said:

You buy it, next week you get an idiot living next to you who makes living there hell.

Maybe, my neighbour is great, quiet as a mouse usually, although last night could hear heaving in the toilet

@John L. Thanks a lot for the detailed information and the internet site, I have bookmarked it.

On 11/3/2025 at 2:19 PM, John L. said:

This is what I would do: You lend money to the girlfriend, so start with a proper loan contract and an acknowledgment of debt

I thought you had to sign a form at the Land Office confirming that you have no financial interest in the monies used to buy the house. 

 

NB... This is from AI... 

 

The form you need to sign at the Thai Land Office is a declaration stating you have no financial interest or claim in the property being purchased by a Thai national (e.g., your spouse or partner). 

While it does not have a formal English name used universally, it is often referred to by foreign individuals as the:

• "Declaration of No Interest in Property"
• "Letter of Confirmation" (a general description of the document's purpose)
• "Spousal Consent Form" or similar, as it is a required document for a foreign spouse to consent to their Thai partner buying land/property in their sole name. 

 

7 hours ago, SamSpade said:

I thought you had to sign a form at the Land Office confirming that you have no financial interest in the monies used to buy the house. 

 

NB... This is from AI... 

 

The form you need to sign at the Thai Land Office is a declaration stating you have no financial interest or claim in the property being purchased by a Thai national (e.g., your spouse or partner). 

While it does not have a formal English name used universally, it is often referred to by foreign individuals as the:

• "Declaration of No Interest in Property"
• "Letter of Confirmation" (a general description of the document's purpose)
• "Spousal Consent Form" or similar, as it is a required document for a foreign spouse to consent to their Thai partner buying land/property in their sole name. 

 

My wife's Thai ID states that she is single and her name appears as her maiden name. Therefore, I have never been asked to be involved in any way (other than providing the funds) for all the properties she has purchased throughout our 26 year marriage.

 

Since the OP is not married, I think the same would apply in his situation.

On 10/20/2025 at 3:32 AM, scubascuba3 said:

Buying condos is ok, they've gone up massively since covid, those saying don't buy only rent have lost out

Massively? 
 

The type of reply I would expect a condo owner desperate to sell would make.

 

At age 72, OP should rent for the rest of his life.

 

Dumping a significant amount of cash into a house he will never own is foolish.  He’ll never see that money again.

 

Someone may make out financially but it won’t be him.

 

Rent and keep that chunk of cash in reserve for when/if you really need it.

 

In addition renting makes one’s final affairs much easier if passing in Thailand.

 

Own in home country.  Rent in Thailand.

On 11/3/2025 at 2:19 PM, John L. said:

I wrote to Sebastien H. Brousseau and here's his answer he sent in 2 minutes:

 

"Thanks. I am blocked on Thaivisa but I do not care much. This is what I would do: You lend money to the girlfriend, so start with a proper loan contract and an acknowledgment of debt. If there is a problem later, you have evidence and you protect yourself under Thai law. Maximum interests are 15%, but let's say 0%. The house already exists, so you do not register a superficies. Instead, you include a clause in the usufruct documents. This clause confirms that the house belongs to you. The land belongs to her. She agrees that you keep full rights to use, rent, or sell the structure. This applies when the usufruct ends or if you separate. This avoids any confusion about ownership. So you have loan + usufruct + maybe MOU.

 

Register a usufruct for life. Under sections 1417 to 1428 of the Civil and Commercial Code, a usufruct gives you possession, use, and benefit. You add wording that your girlfriend guarantees peaceful possession and cooperation. If she interferes, she pays damages. You also add the right to sublease without asking again. Foreigners often forget this part. With that clause, you rent the property to someone else and collect income. Fees at the Land Office are low. If you put the value at one million baht, you pay around fifteen thousand in tax.

 

Renewals in Thailand are tricky and there is no renewal for usufruct. But let's say you go for the lease. The Supreme Court said automatic renewal clauses for long periods do not work. So you add a declaration under section 168. If your girlfriend dies before you, her heirs see she promised cooperation to keep your rights. You also make a side agreement where she agrees a future renewal in exchange for a real benefit. For example, she gets the house after the second renewal or after you leave Thailand permanently. Thai courts have accepted that kind of deal in some cases where there was real consideration. It shows fairness.

 

Foreigners cannot own land. So, avoid any clause that suggests you can "buy the land later." This includes options to purchase that many law firms offer. Instead, build a profit-sharing exit stragtegy into the MOU. If you find a buyer for your rights or want to transfer your position, she gets a fair share. This share is usually around twenty to thirty percent. She has an interest to support you. You secure your position without breaking the rules.

 

Everything goes in writing but you avoid showing to the land department. They will think the foreigner has too many rights. They will stamp the usufruct. You can also keep a private contract for the loan and living together, if you want. However, the registered usufruct is what protects your daily use.

 

This setup keeps the land in her name. It makes the house yours by agreement. You can use it for your lifetime. You can also rent it out. It protects you if something goes wrong. It respects Thai law and keeps the relationship fair. If you want, I help structure that all the time for expats here. It is standard in Thailand when you love someone and still protect yourself a bit. We can do that for 40,000 baht for all contracts. However, they are custom made. Some land departments are very difficult. For example, Prachinburi does not allow usufruct now. Hang Dong in Chiang Mai limits usufruct and lease. It is best to avoid nominees, etc. "

 

Not recommended - the person or the advice. 

Knockdown houses in all shapes and sizes, in all price ranges.

 

 

You'd have to confirm, but I believe if set up on a concrete pad, it's not considered a permanent addition to the land, so you should be able to move it at the end of the lease.  Of course, whether a 30-year-old knockdown house would survive removal is another matter entirely.

 

Make a deal with the property owner for reduced rent if the house stays at the end of 30-years.  At 102..........

 

 

On 10/20/2025 at 6:32 AM, scubascuba3 said:

Buying condos is ok, they've gone up massively since covid, those saying don't buy only rent have lost out

 

Since covid doesn't count when no one was in the country to buy or rent.

 

During covid I was renting a 9 million baht one bedroom for 12,500 baht.

 

Long term condos have gone down. After earthquake I'm not even sure they are selling.... im talking about chicken farm condos.

5 hours ago, Rocky Sullivan said:

Massively? 
 

The type of reply I would expect a condo owner desperate to sell would make.

 

❌Incorrect, i see the prices of the condos on facebook every week, in my place I've seen one for sale as much as 200% higher than I paid, he is dreaming though, 50% to 100% more reasonable. You rent don't buy people have really missed out @Celsius

3 hours ago, Celsius said:

 

Since covid doesn't count when no one was in the country to buy or rent.

 

During covid I was renting a 9 million baht one bedroom for 12,500 baht.

 

Long term condos have gone down. After earthquake I'm not even sure they are selling.... im talking about chicken farm condos.

Not in Pattaya, prices are up for sure, even in the ones i would consider best avoided

2 hours ago, scubascuba3 said:

❌Incorrect, i see the prices of the condos on facebook every week, in my place I've seen one for sale as much as 200% higher than I paid, he is dreaming though, 50% to 100% more reasonable. You rent don't buy people have really missed out @Celsius

 

Are those ones you’re describing selling like hotcakes?  I highly doubt it.

They can ask whatever they want.   Doesn’t mean they’re getting it.
 

Thousands of Pattaya condos currently on the market.  I monitor often for fun on real estate sites.  Same ones for many months and years on the market.

 

Many are stuck with a condo they can’t sell. 

 

”missed out”.  In Thailand real estate ?  I don’t think so.

 

If you missed the ride up in California or London real estate, then you missed out.

10 hours ago, Celsius said:

 

Since covid doesn't count when no one was in the country to buy or rent.

 

During covid I was renting a 9 million baht one bedroom for 12,500 baht.

 

Long term condos have gone down. After earthquake I'm not even sure they are selling.... im talking about chicken farm condos.

      Spouse and I sold 3 properties during the covid period, all at a profit, and bought several more at that time.  Two condo sales were to foreigners and one, a house, to a Thai buyer.   Absolute nonsense that 'no one was in the country to buy or rent.'.  Buying and selling did not stop during covid.  

11 minutes ago, newnative said:

      Spouse and I sold 3 properties during the covid period, all at a profit, and bought several more at that time.  Two condo sales were to foreigners and one, a house, to a Thai buyer.   Absolute nonsense that 'no one was in the country to buy or rent.'.  Buying and selling did not stop during covid.  

 

Oh well. That's another lie from you.

On 10/20/2025 at 4:32 PM, Will B Good said:

 

 

HAHAHA! I would sell it to you tomorrow......sadly it's not mine......and believe me....you would not want to be living here.

 

It is about an hours drive beyond a sign that says You are now entering the back of beyond

 

You are now entering the back of beyond........... otherwise known in Thailand as 'Nakhon Nowhere'

32 minutes ago, newnative said:

      Spouse and I sold 3 properties during the covid period, all at a profit, and bought several more at that time.  Two condo sales were to foreigners and one, a house, to a Thai buyer.   Absolute nonsense that 'no one was in the country to buy or rent.'.  Buying and selling did not stop during covid.  

Correct, i bought during covid, best time to buy

34 minutes ago, Celsius said:

 

Oh well. That's another lie from you.

You are the non-believer..as others have said...Covid time was scary for many people including property owners, so there were bargains to be had whether selling, buying or renting. I also did well during that period (mostly with purchases) , which have given excellent profits (into the millions).

So don't be too harsh to judge  Mr @Celsius.

53 minutes ago, Celsius said:

 

Oh well. That's another lie from you.

Clueless.  

On 11/5/2025 at 11:19 PM, TroubleandGrumpy said:

Not recommended - the person or the advice. 

Please elaborate.

I used the guy a long time ago and I am not unhappy so very curious as to your statement?

6 hours ago, topt said:

Please elaborate.

I used the guy a long time ago and I am not unhappy so very curious as to your statement?

Not in/on a public forum - many others have same views - but being Thailand you have to look very hard to see/hear them. 

2 hours ago, TroubleandGrumpy said:

Not in/on a public forum - many others have same views - but being Thailand you have to look very hard to see/hear them. 

Ok I understand that. However you could still say what you disagree with from his "advice" - in other words what you think is incorrect and why. 

It may help the OP.............

Buy a Pod home for 300,000-450,000bht

Rent a bit of land for 3 years.

Build a large high corrugated roof over the top, 30,000bht.

 

Job done, if you move, just take the Pod with you.

14 hours ago, topt said:

Ok I understand that.

Cheers - No problems mate - glad to help you stop worrying about something that does not concern you.

 

To the OP - I strongly advise getting legal advice from a couple of other Lawyers on any such subject - ideally those who are working in Bangkok or Pattaya where there are a lot of Expats they deal with on a daily basis.  This is not the West and 'lawyers' here are not accountable for advice they give to an Expat like back home, and they have very strong legal rights when you engage them, and some have been known to do the wrong thing - like transfer ownership of a property to another Thai, without the Expat's knowledge.  Check out the story about Ian Rance and others - this happens a lot more than you would think in Thailand, but due to defamation laws it is rarely made public. Not saying that is involved in the advice provided in this thread - but it gives reason why an Expat should seek advice from several Lawyers regarding serious legal matters.  

 

The Phuket property nightmare - BBC News

https://www.bbc.com/news/magazine-34346620

 

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