30 + 30 Lease

[pedro01]

Hi All

Been here for a while - got the car, wife, kid & house.

One house is in Bangkok & we are completing on another in Pattaya - my father is paying half as he intends to escape the British winters & spend them somewhere sunny.

Both properties are in my wifes name (I can hear you all sucking in air through your teeth right now). Both properties are mortgaged with Bangkok Bank.

We want to give my father some kind of ownership of the Pattaya house but we also want to mortgage our half. We are therefore looking at some kind of lease.

Also - for the house in Bangkok, if my wife dies before me (we are roughly the same age) - then I want to be able to stay there with my son.

So - in both cases - is a 30 + 30 lease the most appropriate ?

I guess we could put the Bangkok house in my 3 year old sons name - I guess transfer tax would apply then though.

Can you put property into a trust ? Again - would that incur transfer tax.

Any advice would be most appreciated.

Also - if someone has a translation of a lease agreement I can have, can they PM me & let me know.

Cheers

Pete

[Digger]

If I am not mistaken, you cant put a lease arrangement on either property as surely the fact that the property is mortgaged would preclude any other financial arrangements unless you have written agreement from your mortgage company agreeing to these changes. Effectively, you cannot sell the property - which is what your doing, or at least a part of it to a 3rd party without the consent of the mortgage company and I am not sure how you would go about explaining that one to the bank clerk, let alone getting their agreement. Might fall in the too hard basket for them and they just say 'cannot'.

First thing I would do is check what options you have with the bank.