No More Usufructs, 30 Year Leases Or Shell Companies

[ade100]

There is a certain British mentality that says if you buy yourself a house on a little plot of land, you are bringing some security and stability to your life. Italians and French, on the other hand, often rent apartments all their lives.

When coming to Thailand, I like, many Brits, wanted to buy my little plot of tropical lifestyle. But after a year of trying to comprehend the intricacies of usufructs, leases and company ownership, I have concluded that the rules just don’t apply here. The best way to go is to rent.

Renting is easy on Phuket, we just drove around the areas we liked and looked for “For Rent” signs. Our landlord is great and we are making the place our own.

There is a whole list of things I was worrying about (what happens if we divorce, what happens if she dies before me, what happens if the violence from the south spreads to Phuket, what happens if house prices crash, etc) that I don’t have to worry about any more.

The down side might be that rent will add up over the years. However this is mitigated by the fact that I can keep my money and invest it a more stable country (for example I have a small apartment in the south of France that earns me double what I have to pay for rent in Phuket).

Renting may not be for everyone but for anyone having sleepless nights over legal issues of land ownership, this might be an option worth considering.

[Smithson]

I tend to agree, been here 14 years and seen many ppl have problems after buying property. For Thais it is different, they view land ownership in a similar way to Brits. So my wife would like to buy something, we've got a business together and she works at least as hard as me. We're looking at some land, cost is not huge, around 1.7m.

Divorce doesn't worry me so much, but if something happened to her I wouldn't want to be fighting her family for the land.

[apetley]

If you have proper wills and a usufruct drawn up by a competent lawyer I dont believe you will have too many sleepless nights.

[Pez]

There is a certain British mentality that says if you buy yourself a house on a little plot of land, you are bringing some security and stability to your life. Italians and French, on the other hand, often rent apartments all their lives.

When coming to Thailand, I like, many Brits, wanted to buy my little plot of tropical lifestyle. But after a year of trying to comprehend the intricacies of usufructs, leases and company ownership, I have concluded that the rules just don’t apply here. The best way to go is to rent.

Renting is easy on Phuket, we just drove around the areas we liked and looked for “For Rent” signs. Our landlord is great and we are making the place our own.

There is a whole list of things I was worrying about (what happens if we divorce, what happens if she dies before me, what happens if the violence from the south spreads to Phuket, what happens if house prices crash, etc) that I don’t have to worry about any more.

The down side might be that rent will add up over the years. However this is mitigated by the fact that I can keep my money and invest it a more stable country (for example I have a small apartment in the south of France that earns me double what I have to pay for rent in Phuket).

Renting may not be for everyone but for anyone having sleepless nights over legal issues of land ownership, this might be an option worth considering.

Yet another post on the vexing issue to or not to buy. Ever body has a relevant comment, it is clear there is no definitive answer - just options. As stated, the Brits are brainwashed into believing buying your own home is the only way to live - as such this the options for renting in the UK are not the same as in Germany/France etc. In-fact, it is often cheaper to buy than rent because of long term loans etc. That aside:

I have rented a place in Bkk and now purchased a place in Isaan. Having lived in LOS for 4 years I have grown to be very wary of Thai advice and any legal protection offered to the ferange here. The so called Thai 'Expert' in any subject is very difficult to find - some of us are lucky and - sadly ............

One option to purchase that offers a degree of security for the older retiree is buy a house in your wifes name BUT have a lawyer draw up an agreement that both parties have to sign. The essence of the agreement is that You(the ferange) can live in the house for as long as you wish - regardless of divorce etc. Very important! - no loans or agreements can be made using the house as security. For some(not all) this is a quick cheap way of securing your tenure.

Myself, well I have paid the builder for my house, I did-so to reduce my regular outgoing. I have a house book in the builders name but in addition I have a signed agreement that will allow me to transfer ownership to anyone or a Co when I choose without reference to the person who's name is on the house book. Good or Bad I don't know. As an aside, my builder offers any ferange a full cash-back(same as purchase price) if he wishes to move. Also, I know the 3 generations of the builder and the family.

Some of the down sides of renting(again these are personal) any money you spend on improving your property will be lost if you move. I know of a number of people who have rented and then told they have to move often as a result in the Thai owners family needs changing - impossible to predict. The list could go on but I am certain previous listing have covered this issue extensively.

[Irene]

Wonderful analysis. The winner is peace of mind. However, the return on your fund that is not invested in property should be at least equivalent to the chance of the gain that you might have in "ownership" of Thailand property.

[Naam]

in my opinion smart@sses should hold back with advice "don't... but do!" if they are not asked for advice.

[haybilly]

in my opinion smart@sses should hold back with advice "don't... but do!" if they are not asked for advice.

Sorry if I am missing the point--but who are the 'smart@sses' to whom you are referring--I have read through these postings and I can't find anyone trying to impose their opinion on anyone?

[ade100]

in my opinion smart@sses should hold back with advice "don't... but do!" if they are not asked for advice.

I think you are being a little impolite old chap. Both myself and the other posters were simply offering advice that some may find helpful. If the topic is of no interest to you, you are, of course, welcome to invest your time elsewhere. Personal insults are rather uncalled for in this thread

[kanderson]

I have been married to my Thai Wife for 6 years. usufructs - has anyone else tryed to explain something like that to their Thai Wife?

She can understand why I bought a condo in Farang Name - she can sell it when I'm dead.

She also has been working here in America and built a home for her Mother - we are talking very little money - less than ten thousand dollars.

I recommend a condo in your name - when you die she can sell it at at a good price and you don't have to worry about anything going sidways.