Preparing My Own Documents For An Usufruct

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I am in the process of preparing the documents necessary for an usufruct. I plan to do the whole process by myself with out employing the services of a lawyer, so any advice would be helpful.

Once the documents have been drafted in English I will get them all translated.

Other than the usufruct contract what other documents should I prepare?

Should I include a statement signed by my Thai wife saying why she has decided to grant me the usufruct?

Should a document be drawn up stating the original money to buy the land was all hers as we have not signed one of these yet due to the land coming from the land owner to my wife's mother and then to her?

Should a will be made and included with the paper work with the land office?

No doubt some of the sponsors may warn me about this process and I recognise that I am no legal expert.

Any advice on what paper work to include would be most appreciated!

CC.

[Irene]

Your main aims are twofold, one, the usufruct is acceptable to the Land Department that it is legal and secondly not challengeable by your Thai wife, in the event of subsequent fallout, as not enforceable.

First, the Land Department has a standard form of a usufruct agreement that you could follow. If you cannot speak Thai, it would be for your own protection to bring along a Thai friend (not your wife) to the Department and ask all the necessary questions to assure you of good standing of that legal document and any other documents that are needed to support your requirements. The officials are usually helpful. On subsequent visits, take along some small gifts (like ties or sweets) as a gesture of thank you. Under this basis, sometimes you are better off than having lawyers' advices.

Second, once the Land Department representing the state accepts the registration and your

rights, you have got only one party left who can dispute your right. That is your wife. If she is not legalistically mind, like most Thais, she is likely to accept almost 100% of your right as stated under any Guruda headed documents. Naturally, during the registration, you can find out from the officials of nice documents or wordings that could preclude her from ever dreaming of taking a case against you in case of falling out.

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Thanks a lot Irene for your post.

Have you been through this process yourself?

CC.