Small House On Issan With Min. Legal Protection

[TedK.]

English is my second language , so please ignore my style. I'm asking for advise> I'm planning to build small house in Issan (total cost under 500000 baht) on land owned by my girlfriend's parents. How can I protect my basic rights in the simplest, cheapest way? I heard about fictional loan - my girlfried and her patents signing some document that I barrowed them money for building the house... - how good is it? What would you advise me to do? Thanx for Your time and help.

[dr_Pat_Pong]

English is my second language , so please ignore my style. I'm asking for advise> I'm planning to build small house in Issan (total cost under 500000 baht) on land owned by my girlfriend's parents. How can I protect my basic rights in the simplest, cheapest way? I heard about fictional loan - my girlfried and her patents signing some document that I barrowed them money for building the house... - how good is it? What would you advise me to do? Thanx for Your time and help.

There are a few ways you can get some protection Ted. But go see a lawyer NOW and before you go a step further with the idea. Oh, and find a lawyer unaquainted with the outlaws or your wife.

[dr_Pat_Pong]

English is my second language , so please ignore my style. I'm asking for advise> I'm planning to build small house in Issan (total cost under 500000 baht) on land owned by my girlfriend's parents. How can I protect my basic rights in the simplest, cheapest way? I heard about fictional loan - my girlfried and her patents signing some document that I barrowed them money for building the house... - how good is it? What would you advise me to do? Thanx for Your time and help.

[Lite Beer]

Get either a 30 year lease or an Usufruct agreement that basically means you have the right to live there.

See a lawyer.

Edited January 8, 2008 by Lite Beer

[Lilawadee]

But be careful not to spend more on fancy lawyers than on a 500K wooden house.

Honestly.. You're building it on their land.. price is affordable.. that makes it their house, I wouldn't be overly bothered about this.

Actually perhaps the one thing that would be good if the land is transferred from the parents to your girlfriend. As you and your girlfriend are paying for it, it would be nice to see this reflected in the land ownership.

And as for any further legal structures... what are you gonna do if you split up with your girlfriend: sue them in the courts to make them cough up 500K baht that they don't have? Good luck with that one.

So I'd count my blessings, that it's affordable, and just go forward. It's not like you're putting down a 3 million baht home that you expect to retire in.

[think_too_mut]

English is my second language , so please ignore my style. I'm asking for advise> I'm planning to build small house in Issan (total cost under 500000 baht) on land owned by my girlfriend's parents. How can I protect my basic rights in the simplest, cheapest way? I heard about fictional loan - my girlfried and her patents signing some document that I barrowed them money for building the house... - how good is it? What would you advise me to do? Thanx for Your time and help.

This is my neighbour's house upcountry. It is on his wife's land, built together with another house on the same lot.

Western bathroom, western kitchen, tile floors, 2 bedrooms, aircon ready, about 100sqm....total cost 134,000Baht. Hundred thirty four thousand baht. Four thousand dollars.

Labour was mostly free (family). Had he paid all the workers, the house would have been 300K baht.

Had he involved any lawyers for a 4,000US$ house? I spent more than that during my 2 weeks holidays Xmas/New Year.

[crewcut]

134,000 me think not

[Tony121]

You can own the house freehold but not the land if you lease just lease the land.

Maybe mobile homes could be the way in the future !

[engrin]

This is my neighbour's house upcountry. It is on his wife's land, built together with another house on the same lot.

Western bathroom, western kitchen, tile floors, 2 bedrooms, aircon ready, about 100sqm....total cost 134,000Baht. Hundred thirty four thousand baht. Four thousand dollars.

Labour was mostly free (family). Had he paid all the workers, the house would have been 300K baht.

Had he involved any lawyers for a 4,000US$ house? I spent more than that during my 2 weeks holidays Xmas/New Year.

Would love to see some interior shots!!

[Khun Jean]

That price is about right, when most of the work is done by family members. Otherwise around 300.000 baht is a good price.

Don't be suprised about those seemingly low cost houses. It is only in the tourist area and more commercial areas that expensive houses are build. Brokers also don't like these cheap houses as the commision is very low. That is the reason you will not find these houses on the internet. For that you have to do the footwork.

Remember this is without the land. In some places the land area shown in the picture alone could be worth millions.

If i was in the OP's situation i would NOT build a house on the mothers land. I would move to somewhere at least 200km away from the rest of the family. Then rent for a year and meanwhile scout for a nice location. Then if you feel right about it go buy the land and do a lease for 30 years or if you are still relatively young a usufruct.

[Jandajoy]

English is my second language , so please ignore my style. I'm asking for advise> I'm planning to build small house in Issan (total cost under 500000 baht) on land owned by my girlfriend's parents. How can I protect my basic rights in the simplest, cheapest way? I heard about fictional loan - my girlfried and her patents signing some document that I barrowed them money for building the house... - how good is it? What would you advise me to do? Thanx for Your time and help.

This is my neighbour's house upcountry. It is on his wife's land, built together with another house on the same lot.

Western bathroom, western kitchen, tile floors, 2 bedrooms, aircon ready, about 100sqm....total cost 134,000Baht. Hundred thirty four thousand baht. Four thousand dollars.

Labour was mostly free (family). Had he paid all the workers, the house would have been 300K baht.

Had he involved any lawyers for a 4,000US$ house? I spent more than that during my 2 weeks holidays Xmas/New Year.

Very nice. Whereabouts up country? Would they like to come and fix up my shed?

[Gary A]

I'm always amazed that guys try to protect themselves. They spend money, pay taxes, accountants, lawyers and rents on properties that they would not live in anyways if the relationship were to fail. Think about it and keep it simple. Just don't spend more than you can afford to walk away from.

[pumpuiman]

Just consider it a gift to your wife and new family...dust in the wind.

You will save yourself a lot of stress if you just forget about this minimal investment...and enjoy it while you can.....if you lose it, it's the price of a used car....no problem.

[think_too_mut]

Very nice. Whereabouts up country? Would they like to come and fix up my shed?

You belive your post is funny?

Look again at the picture. They built 2 houses at the same time (the second one, part of it in the pic too, was much more ordinary, that one was 100K baht, Thai in-laws were happy to have it likie that).

Why is it important where in Thai? With free land and free labour the house would cost the same anywhere in the Kingdom.

[yorkman]

Its believable to me think_too_mut, although I would query the 100 sq m. But pictures can be deceptive.

A farang I know not far from me has just completed something a bit bigger and fancier for 400,000B labour inclusive. I have seen all his costs, down to the incidental beer for the workers.

He is far from being rich, but for himself and his wife, it is fine.

[think_too_mut]

Its believable to me think_too_mut, although I would query the 100 sq m. But pictures can be deceptive.

Other than organizing a bus tour to the house for those who said the pictures can be deceptive, I don't know what more I can do.

"My house" is 80sqm and this one feels considerably bigger inside, so I said 100sm. Could be 95 or 110, don't know.

A farang I know not far from me has just completed something a bit bigger and fancier for 400,000B labour inclusive. I have seen all his costs, down to the incidental beer for the workers.

That just confirms what I said - this house would have been 300K if labour was included. Additional 100K can bring something fancier - hey, that's the cost of materials for another house.

Look at this one, 50m away. It was for sale back in june 2006, 240K, including the land underneath and some surrounding it. Works out the house itself was 80K as this land shown in front goes for 160K for the same size plot.

This house could be 160sqm+ inside, haven't been into it.

[ThaiLawOnline]

Tedk,

You are not married and you are not spending so much money (500,000).

Depending if you have children or not, if you wish them some rights about inheritance, depending on the location, you will have to chose between a lease or usufruct but it seems that a usufruct agreement is much better for you.

Superficies can also be given to you and you can combine some of these rights.

If you want to do a lease for maximum 30 years, you have to pay a rent according to the value of the land. Not for a usufruct (I've seen one case near Buriram where an officer refused to grant a usufruct for free. After negotiating, we were able to lower down the value (he was asking 500,000 and we lowered to 100,000) and the client had to pay 1.5 % tax for a total amount of 1500 baht for a usufruct on a land and house for his lifetime! Not a bad deal!

A usufruct agreement will give you the right to stay in the house/land for the rest of your life. You can also lease the house and land for the rest of your life, kick the girlfriend out even if she is the owner, depending on HOW the usufruct agreement is written AND the fact that your girlfriend MUST SIGN and GIVE YOU the right of usufruct. But you will not be the owner and can't sale the land. You can be the owner of the house/building should you wish but for many reasons, in your case, it might not be appropriate. I don't know all details and will need more information to answer you properly.

A usufruct agrement dies with you but if you made a lease while having the usufruct, the lease will continue even after you death.

Our law firm can help you to register and draft any of these contracts in Isaan.

If you need further explanations or have questions, don't hesitate to send me an email or a private message.