Hi

Im about to buy a home in Hua Hin for my long term gf and myself but I want to have a usufruct so that I am relatively protected. I read somewhere that its best to have this additional information printed out and added to the chanote on the day we buy. Estate Agent suggests it might be difficult due to the crackdown on nominees. He suggests I buy the house and come back another day to do the usufruct (without him). This doesnt sound beneficial to me.

Does anyone have any advice or experience to offer as to what would be the best way forward

Thank you

Mono

Please take a moment to read this......

3 hours ago, MonoXimian said:

Estate Agent suggests it might be difficult due to the crackdown on nominees. He suggests I buy the house and come back another day to do the usufruct (without him). This doesnt sound beneficial to me.

I think better the current owner gives you an usufruct the day before the transfer, then next day transfer to your girlfriend

Have you been to the Land Office to check what they need for it? In order to register my Usufruct, which I did after the purchase had been completed, I had to get the local village headman to co-sign the paperwork before my Land Office would accept it (in Koh Yao, Phang-nga).

17 hours ago, MonoXimian said:

Hi

Im about to buy a home in Hua Hin for my long term gf and myself but I want to have a usufruct so that I am relatively protected. I read somewhere that its best to have this additional information printed out and added to the chanote on the day we buy. Estate Agent suggests it might be difficult due to the crackdown on nominees. He suggests I buy the house and come back another day to do the usufruct (without him). This doesnt sound beneficial to me.

Does anyone have any advice or experience to offer as to what would be the best way forward

Thank you

Mono

Please research and verify all info I provide. I am providing this for informational purposes and am not responsible for the accuracy of the info.

The Usufruct needs to be Bilingual both languages. You are right it is best to register the Usufruct at the time of the Transfer of the Chanote into Her name.

Why, the Usufruct needs to be submitted by Both parties, all identification needs to be verified and recorded, it saves time and "Burdens" the property from day one. Your name will be recorded on the Chanote. The Usufruct will give you all the use rights, possibly rental/lease rights, and protections. She does Not have to agree to the Usufruct, sign, or help you register it anytime After the Transfer of Property is complete.

I have Zero idea Why an Estate Agent would recommend. Two people having to go back, wait in the queue, fill out and record a Usufruct, present identification, and wait for your name to be added to the Chanote. Do it the Same Time.

Understand the Land Office has the "Discretion" to Refuse a Usufruct if they believe it is being used to circumvent land ownership laws in Thailand.

@MonoXimian

I've had usufructs added to chanotes at Muang, Udon Thani & Muang, Prachuap Khiri Khan Land Office (not Hua Hin), and nothing as complicated as in other replies.

It was a simple process, at land office, no lawyer needed, nothing translated into English, and no other entity (village headman) had to sign off anything.

Simply ask to have added at time of transfer. If they allow, if as easy as my past experiences, land office rep will put info in computer (fill in blanks form), you'll need passport. Print it out, and you sign it. To easy, and cost <100 THB.

Length of usufruct, up to land office, some allow for life, 30 yrs or less.

My understanding, 2 types; 'use' & 'use & modify'. Think all of mine (13) have been 'use & modify', means you can do whatever you want to land & structures on said land.

Also means, in my situation & local land office, you have complete control of land & structures. I actually had to sign off, on any addition, modification to the house and or land, that wife submitted to land office.

It was a very simple & inexpensive process.

I just tried to verify if same process at Hua Hin office, via local forum, but HHforum is now defunct. I asked Google AI, and it pretty much agrees with me, and should be the same as Muang district land office.

If not, they will inform what is needed, and you can simply return another day and submit said paperwork. Does not have to be done at transfer day.

Good Luck

21 hours ago, MonoXimian said:

Hi

Im about to buy a home in Hua Hin for my long term gf and myself but I want to have a usufruct so that I am relatively protected. I read somewhere that its best to have this additional information printed out and added to the chanote on the day we buy. Estate Agent suggests it might be difficult due to the crackdown on nominees. He suggests I buy the house and come back another day to do the usufruct (without him). This doesnt sound beneficial to me.

Does anyone have any advice or experience to offer as to what would be the best way forward

Thank you

Mono

Sometimes it can be difficult to obtain an usufruct on a property that is mainly a house as home – usufruct is ment as a right to harvets the fruits on the land – nother similar, but rarely mentioned option, is a "habitation right":

«The grantee of the right of habitation does not pay rent to the grantor. If there is rental payment made, the matter becomes a tenancy. A right of habitation may be created for either a specific period of time or for the lifetime of the grantee. In case the rights are granted for a specific time period, the law states that such a period may not exceed 30 years; if a longer period is fixed, it shall be enforceable for only 30 years. The grant may be renewed for a period not exceeding 30 years from the time of renewal. Lastly, the right of habitation is not transferable by way of inheritance.»

Read more here:

https://www.samuiforsale.com/real-rights/habitation-property-rights.html

On 3/12/2026 at 7:24 PM, CallumWK said:

I think better the current owner gives you an usufruct the day before the transfer, then next day transfer to your girlfriend

I believe that there was a thread a few years ago that advised that the usufruct should not be givien by one's wife. That in that case it could be overridden. So your suggestion makes sense, except that then the land office might think that you paid the money for the land.

4 minutes ago, placnx said:

I believe that there was a thread a few years ago that advised that the usufruct should not be givien by one's wife. That in that case it could be overridden. So your suggestion makes sense, except that then the land office might think that you paid the money for the land.

callumwk's post is ridiculous. Yours is almost as bad, as at time as transfer, if married, Land Office will have Thai & foreigner sign statement, stating funds come from the Thai, and foreigner has no investment at time of transfer.

People who have not been involved with transfer of land & property at land office really shouldn't be replying to queries you have no personal knowledge of.

i got one at hh office, but was ten years ago, and involved tea money

These are the options

15 hours ago, placnx said:

I believe that there was a thread a few years ago that advised that the usufruct should not be givien by one's wife. That in that case it could be overridden. So your suggestion makes sense, except that then the land office might think that you paid the money for the land.

15 hours ago, placnx said:

I believe that there was a thread a few years ago that advised that the usufruct should not be givien by one's wife. That in that case it could be overridden. So your suggestion makes sense, except that then the land office might think that you paid the money for the land.

15 hours ago, placnx said:

I believe that there was a thread a few years ago that advised that the usufruct should not be givien by one's wife. That in that case it could be overridden. So your suggestion makes sense, except that then the land office might think that you paid the money for the land.

Right. When i paid some land for my exwife the landoffice in surin told us its not allowed if she get the money from me.me.This land wawawas her grandfathers land. So her grandfather had to give the land to my exwife mother first.first.And after her mother transfer the land to my exwife. It took thththe whole day at the office and i was lucky my exwife mother and grandfather went with us there.there.Had to pay about 9000 baht for this prosess to the landoffice.