Sell Property With Lease On Freehold

[freddy7]

Hi,

I would like to purchase a house with a small land in Phuket with a lease contrat (30 years) with my thai gf. Can i sell the house on freehold during the leasing contract and get all the money of the sale? A property agency told me it’s possible to do it if we notify i have this power at the beginning when i buy the house and register the leasing to the land office. If it’s not possible what it will happen if me and my gf want to sell the house on freehold? She gonna get all the money? Is it secure for me to sell the house?

Sorry for my English...

Thanks you so much !

[KarenBravo]

Before you want to sell, go to the lawyer and make the lease null and void. Go to the land office to notify them that the lease has been cancelled.

Sell the house.

[freddy7]

Thanks karenbravo, ok but if i cancell the lesasing it's mean that my gf will do what she wants with the property and can get all the money of the sales. No more secure solution?

[KarenBravo]

Unfortunately, there will be a small "window of opportunity.

Find a buyer first, then null the lease. Make sure the buyer gives you a cashiers cheque.

[freddy7]

yeah i understand, thanks for your good advices

[stgrhe]

Unfortunately, there will be a small "window of opportunity.

Find a buyer first, then null the lease. Make sure the buyer gives you a cashiers cheque.

Yes, cancel the lease at the same time as the property is transferred to the new owner. Also if you plan to marry thigf of yours make a prenuptial agreement BEFORE the marriage is registered. A prenup cannot be registered in Thailand after marriage.

[atchara]

Hi,

Sorry i don't understand what is it for the prenuptial agreement?

Thanks

[thaiwanderer]

I would like to purchase a house with a small land in Phuket with a lease contrat (30 years) with my thai gf. Can i sell the house on freehold during the leasing contract and get all the money of the sale? A property agency told me it's possible to do it if we notify i have this power at the beginning when i buy the house and register the leasing to the land office. If it's not possible what it will happen if me and my gf want to sell the house on freehold? She gonna get all the money? Is it secure for me to sell the house?

If you own the lease why would you think you are entitled to sell the freehold land?

You can own the house but it will be of diminishing and extremely limited value atop a slowly dying lease. There are additional options of usufruct and superficies discussed elseweher in this section but you will probably not find the certainty you want there either.

Why would you expect the land office to register a lease that gives the foreign lessee freehold ownership / right of disposal?

If your (Thai i assume?) girlfriend owns the land and house than she can sell it.

You can attempt to circumvent that as others do by making paper planes of contracts or corporate structures of greater or lesser complexity but to the extent that you have beneficial ownership and control of the land you will equally be in breach of the law should and investigation ever occur. Given you appear to be wishing to protect yourself in the event of things turning sour with your girlfriend this (at the very least) is entirely possible.

[atchara]

I would like to purchase a house with a small land in Phuket with a lease contrat (30 years) with my thai gf. Can i sell the house on freehold during the leasing contract and get all the money of the sale? A property agency told me it's possible to do it if we notify i have this power at the beginning when i buy the house and register the leasing to the land office. If it's not possible what it will happen if me and my gf want to sell the house on freehold? She gonna get all the money? Is it secure for me to sell the house?

If you own the lease why would you think you are entitled to sell the freehold land?

You can own the house but it will be of diminishing and extremely limited value atop a slowly dying lease. There are additional options of usufruct and superficies discussed elseweher in this section but you will probably not find the certainty you want there either.

Why would you expect the land office to register a lease that gives the foreign lessee freehold ownership / right of disposal?

If your (Thai i assume?) girlfriend owns the land and house than she can sell it.

You can attempt to circumvent that as others do by making paper planes of contracts or corporate structures of greater or lesser complexity but to the extent that you have beneficial ownership and control of the land you will equally be in breach of the law should and investigation ever occur. Given you appear to be wishing to protect yourself in the event of things turning sour with your girlfriend this (at the very least) is entirely possible.

That's the agency property told me that but i understood that they absolutely want i buy the property and gave to me bad advices, thanks a lot !!!