The house we live in is a gem. So if sth. happens to my wife I can not inherit it but we want to register a 30 year lease at the land department.

Is there a minimum rent we need to agree to? Is 1 Baht/month possible? We want it to keep as low as possible since we are in the highest tax class and, in the end, it is just to protect myself from being kicked out if sth. happens my wife...

A lease would be useless ...

Since you can't own land, it will have to be sold and or transferred out of wife's name within 1 year.

Suggest you have a POA drawn up, so you can sell said land within that year, and ensure all proceeds go to you. Since you are asking, you should consult a lawyer for further advice.

I think that in the scenario zappalot has outlined, he will be the lessee, his wife will be the lessor and the contingency that he wants to cover is the death of his wife - the death of the lessor.

yes, I am the lessee, my wife the lessor, sorry if my initial description was not exactly clear...

Since I am paying in advance for 30 years it would be surprising if I would be kicked out upon my wifes death.

I just fear tax would need to be paid on the determination of the value as set by the land department?

1 hour ago, zappalot said:

The house we live in is a gem. So if sth. happens to my wife I can not inherit

???

Of course you can inherit it.

You, as a foreigner, can inherit the land and the house in your own name.

Who told you that you can't, some guy at a bar? 🙄

After inheriting the land and house the foreigner has 12 months to sell or transfer it to a Thai, if you don't the land office can choose to sell it at auction and they keep 5% of the sale and transfer 95% to your bank account.

5 minutes ago, Packer said:

???

Of course you can inherit it.

I am sorry, I should have further clarified: Since I can not inherit without restrictions. I do not really feel for being pressured to sell sth. within 1 year or see an auction not bring what it should bring...

On 7/26/2026 at 11:58 AM, zappalot said:

The house we live in is a gem. So if sth. happens to my wife I can not inherit it but we want to register a 30 year lease at the land department.

Is there a minimum rent we need to agree to? Is 1 Baht/month possible? We want it to keep as low as possible since we are in the highest tax class and, in the end, it is just to protect myself from being kicked out if sth. happens my wife...

Look at habitation right or usufruct, which both are registered at the land office and can run for life, or an agreed term up to 30 years.

Links with more information....

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

«The right of usufruct transfers possession, use and enjoyment of an immovable property from the owner to the usufructuary. Usufruct can only be registered over properly titled immovable property and is established by agreement with the owner and registration at the local land office. The contract or memorandum for usufruct is the legal document that states and confirms the formal agreement between the owner and the usufructuary (the person granted the right of usufruct).»

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

1 hour ago, khunPer said:

Look at habitation right or usufruct, which both are registered at the land office and can run for life, or an agreed term up to 30 years.

Links with more information....

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

«The right of usufruct transfers possession, use and enjoyment of an immovable property from the owner to the usufructuary. Usufruct can only be registered over properly titled immovable property and is established by agreement with the owner and registration at the local land office. The contract or memorandum for usufruct is the legal document that states and confirms the formal agreement between the owner and the usufructuary (the person granted the right of usufruct).»

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

Thought I read somewhere that agreements between a married couple can become void in certain circumstances. I also read an ursufuct is best between ,for example a foreigner and a girlfriend, before marriage and will continue after marriage.

get a usufruct FOR LIFE

you can even lease it out to a 3rd party for 30 years...

depends on the corruption of the land department if they allow it, if not

come back with a LAWYER to threaten to sue them

not joking...

Just st go to a lawyer and figure out the best solution for you. Well worth the money and peace of mind.

Pretty much with all property, in TH, and ... IMHO

... you need a trusted Thai partner, good luck that

... if suspect, then you need a POA, so you can sell anytime you want.

... in event of no POA and partner and or family don't want you there, then no piece of paper is going to realistically help you

... in the event of untimely death of Thai partner, the law has it spelled out simple enough. You got one year to sell (probably under market price) or transfer to yet another 'trusted' Thai (see above).

Nothing really complicated about it. Which brings us back to the 3 absolutes ...

... buy a condo in your name, if wanting to own

... rent

... don't invest more than you can lose

As I understood, you cant own land. You can have a lease or usufruct on the land.

However the land must be on Thai name. So you need a Thai who holds the land as owner.

You have to make arrangement for who is going to inherit the land WITH including the lease.

A house, you can own. You can put wheels on it and move it anywhere.

It is all about the land.

You could try to contact https://www.isanrealestate.com/en/

A Danish man who is long time in Thailand and doing real estate, long time in Thailand.

Used to have site called FBI (more then 14 years ago), but had to change his business and now it is like the link describes. If he doesnt know after such a long time, well who then will?

Maybe some answers is on his site? Browse it, I would say.

Ah, I see they have a cooperation with Thai lawyers, it is in the "legal services" section.

I guess he has met quite some situations with farang, land and legal fixes.

It might cost you, but then you might know what to do. Maybe worthwhile?

I contacted him once in 2013 , I believe, asking for property in Isan then.

Just by mail and he replied back. OK we couldnt make a deal then at that time.(FBI). Other times, other situations.

Edited July 28Jul 28 by xtrnuno41

22 hours ago, emptypockets said:

Thought I read somewhere that agreements between a married couple can become void in certain circumstances. I also read an ursufuct is best between ,for example a foreigner and a girlfriend, before marriage and will continue after marriage.

That is likely correct — as I've read the same — but, OP's question was not about divorce protection, but rather inherit in a worst case scenario. As divorce protection the agreement is best made before marriage, or made with a land owner before a title deed is transferred to one's spouse. I specific mentioned the rare mentioned habitation right, while the often suggested usufruct is more a right to use land — i.e., originally "to use and enjoy the fruits" — a person who has the right to live on the land, farm it, and keep all the harvest ("fruits").

On 7/26/2026 at 9:58 AM, zappalot said:

it is just to protect myself from being kicked out if sth. happens my wife..

Sounds like you get on well with the family. 😂

So, the solution was easy. Much easier as anticipated.

We went to the land department, prepared with copies of all house and personal documents, the chanot itself and asked if we can register a usufruct for me, the foreigner.

Can, was the answer. Cost? 75 Baht and a few copies.

Options are so many years or lifetime.

No need for lawyers, no need for a notary contract (as it would be necessary in Germany).

The right is bound to the chanot, so no one can take it away unless I agree.