Buying Land And Building House

[wanderer9020]

Im Asian, married to Thai. Were about to pay in full cold cash a certain land and I was told that I need to sign papers (this would happen next week)telling that I have no interest in that land .We are newly married and we dont have kids yet. Well,I need to know, waht will happen if she die, waht happen to that land? (if we have kids, then I have no problem giving it to the kids), but what if it happened before we have kid. Were planning to mortrage 50% of the house, and pay 50% in cash to build it.Can I have my name included? Do we need to consent a lawyer?? Well, its not really like those usual thing. Im young at 33 years old.My wife is a university lecturer and she has also some share of it (maybe 10%).How about those leasing agreement? how it works?? do I need pay a large sum? to whom?Now, Im concerned....Please hel, or please direct me to the proper link here. Thanks

[mrbojangles]

If she dies, as a foreigner you have approximately 12 months to sell the land. Make sure everything is put in a will.

If you do a userfruct, you can lease the land off your wife and have the house fully in your name. However, the land will not be in your name.

Have a search through this forum for more details, there are many threads on the subject

[yorkman]

Indeed, search around, the answers are here, but some simple bits if it helps:

- you cannot own the land (you know this I think), but you can get control over it which will cease on your death

- if she dies the land goes to whoever is in her will. Not you in any case if she has no will. See above, this need not stop you having control over it until your death. If you die first it is all hers anyway and she has control.

- you can own the house, and the right to live there until your death, whether she dies or not (look around as suggested.....) There is absolutely no reason to have a %, you are BOTH secure

- no you don't need a lawyer, its actually simple, but you need to be sure what you are doing if you don't have one

Don't panic!! The solutions are simple and cheap, unless you do need to get a lawyer to sort it out, then all bets are off with regard to cost . Find an honest one is all I can say, it really is easy to sort out so SHOULD not be expensive.

[wanderer9020]

okei, so as long as there is a will, I can sell it within 12 months (am i getting it right?). Is the law automatically entitled her parents to be the sole heir of her properties (supposed to be our properties)if she died without a will? Otherwise, I have trust in her parents, I never even give them a single penny when we get married, the money that was shown during wedding was returned to us.

I cant find the exact thred for leasing agreement and Im not sure what its significance and advantage. Based from the word itself, Im thinkin it doesnt guarantee a protection either..

well, Im a little bit okei, I dont need a lawyer I guess...but if theres more opinions on these, i would appreciate it very much

[kamalabob2]

I would suggest you in fact consult an attorney, perhaps in Bangkok about the property purchase, possible legal steps to protect both interests, building legalities and wills. It WILL NOT COST an obscene amount of money. I've been able to use the legal services of a native English speaking attorney who is fluent in Thai. This makes my wife comfortable that she can read the Thai language version of all legal papers and converse in Thai with the American attorney. This attorney encourages my wife to ask questions so she can be satisfied with the answers, all in Thai. All of our wills and other appropriate legal papers have been notarized in this law office. I was give straight advise on Visa and Tax issue matters that were proven 100% correct by this attorney. There must be other attorneys in Bangkok and tourist areas who have years of real legal experience and success, speak and read Thai and can converse in English.

Chances are if you build a home the contractor will be Thai and it sure would be helpful to have an attorney look over (or draw up) a building contract and SPECIFIC BUILDING MATERIALS LIST, in both Thai and English. It will save you far more money and disagreements if all the building details are spelled out in Thai and English by an attorney with real "Thailand Experience" in the home building process and considerations.

Thai Visa forum is a great resource, sometime very specific correct answers, but no substitute for an attorney to handle your legal questions.

[ThaiLawOnline]

You must understand that married or not, if you sign paper to buy land, everything will probably by on HER name because foreigners can't own land in Thailand.

Now, if something awful happen to her? Do you think you will get the house and land? No way.

If she or her family decides to borrow money on the house or sell it, do you have any rights?¨Probably not. Depending on the amount that you are investing, and it's normally a large amount when it involves property, it is wise to consult a lawyer before doing things and not after...when it's too late.

Many law firms available in BKK, Pattaya, or even in Isaan !!

Ask their opinion. Look for quality service and work with the people you feel confident to work with.

Good luck.

[dotcom]

Nobody has mentioned - her children if she has any. Ask her.

[wanderer9020]

Nobody has mentioned - her children if she has any. Ask her.

unfortunately (or was it fortunately), she doesnt have child out of wedlock if thats waht ur talking...

[dotcom]

What I am talking about is:

If she has children & your wife were to precede you in death any of her children might have a claim on her real estate.

I suggest you consult with an attorney & each of you make a will. Even Sunbelt Asia might be able to assist you.

Edited December 15, 2007 by dotcom