Get A Usufruct On A Tourist Visa

[yabaaaa]

Hi Im coming to Bangkok on 60 day tourist visa as they are free, I have to do a usufruct on some land my wife owns for myself, is it possible with a Tourist visa or will they kick up a fuss and say I need a Non "o"?

Thanks

Land is in Pranburi.

[seaeagle]

Doesn't matter. All you will need is to make a copy of your passport for your ID, and a copy of your marriage certficiate to prove the marriage. And, I know it's silly, but also give the full names and addresses of your parents!

[yabaaaa]

Doesn't matter. All you will need is to make a copy of your passport for your ID, and a copy of your marriage certficiate to prove the marriage. And, I know it's silly, but also give the full names and addresses of your parents!

Thanks Sea eagle just checking out as I know often they deny for the daftest of reasons.

[Pib]

Well, unless the Hua Hin/Pranburi land office is super, super lax in approving a usufruct on a chanote I would think you are in for a big surprise in that you and the Thai land owner will have to provide/sign additional documentation. I have a usufruct which was medium-hard to get here in Bangkok on a Retirement Visa/Extension of Stay; while, I've seen other ThaiVisa folks talk about how it was fairly easy for them OR it was impossible..."it greatly depends on the land office you must deal with." Good luck, seriously.

Edited January 16, 2010 by Pib

[katabeachbum]

Well, unless the Hua Hin/Pranburi land office is super, super lax in approving a usufruct on a chanote I would think you are in for a big surprise in that you and the Thai land owner will have to provide/sign additional documentation. I have a usufruct which was medium-hard to get here in Bangkok on a Retirement Visa/Extension of Stay; while, I've seen other ThaiVisa folks talk about how it was fairly easy for them OR it was impossible..."it greatly depends on the land office you must deal with." Good luck, seriously.

Visa doesnt matter as long as you are here legally, but usufruct with your WIFE. probably not legally binding, and probably not accepted in Prechuap. A lease could work, but then taxes involved

registering a loan in the chanote doesnt either work when WIFE is owner

[Burgernev]

Hua Hin land office last year started actively pushing Usufructs' for foreign husband on Thai wife's land, and at same time started to actively object to 30 year leases between spouses. Visa class is not a consideration.

Usufruct with your wife is perfectly legal, there is the issue of agreements between spouses entered into during marriage possibly being able to be dissolved after divorce, but there's ways to protect against that re: 'third parties'.

Burgernev

[katabeachbum]

Hua Hin land office last year started actively pushing Usufructs' for foreign husband on Thai wife's land, and at same time started to actively object to 30 year leases between spouses. Visa class is not a consideration.

Usufruct with your wife is perfectly legal, there is the issue of agreements between spouses entered into during marriage possibly being able to be dissolved after divorce, but there's ways to protect against that re: 'third parties'.

Burgernev

IOW new policy in Hua Hin. They used to dislike usufruct very much, wife or not.

an usufruct with wife would probably be dissolved after divorce and property become her alone, or in best case shared 50/50, if there is no third parties

[Burgernev]

IOW new policy in Hua Hin. They used to dislike usufruct very much, wife or not.

Not really sure what they thought of them a few years back people weren't interested in them then as Limited Companies were the flavour of the day. We've been getting Usufructs registered with Thai spouses at Hua Hin land office without any issue since December '07. Others, includng local law firms are doing the same.

an usufruct with wife would probably be dissolved after divorce and property become her alone, or in best case shared 50/50, if there is no third parties

Yes the Thai spouse would no doubt seek to get it dissolved in the event of divorce, a competant lawyer would advise you to put another name (third party), like a trusted family member, into the agreement.

Burgernev

Edited January 17, 2010 by Burgernev

[donx]

yabaaaa, don't forget to update us on how it goes for you.

[stgrhe]

Well, unless the Hua Hin/Pranburi land office is super, super lax in approving a usufruct on a chanote I would think you are in for a big surprise in that you and the Thai land owner will have to provide/sign additional documentation. I have a usufruct which was medium-hard to get here in Bangkok on a Retirement Visa/Extension of Stay; while, I've seen other ThaiVisa folks talk about how it was fairly easy for them OR it was impossible..."it greatly depends on the land office you must deal with." Good luck, seriously.

Hua Hin and Pranburi are two different land offices and while Hua Hin is a bit tricky as they want money, last I heard the going rate for a usufruct was 15,000 baht i Hua Hin, Pranburi was a piece of cake when I had my usufruct registered in June last year. The cost was only 75 baht.

[yabaaaa]

Well, unless the Hua Hin/Pranburi land office is super, super lax in approving a usufruct on a chanote I would think you are in for a big surprise in that you and the Thai land owner will have to provide/sign additional documentation. I have a usufruct which was medium-hard to get here in Bangkok on a Retirement Visa/Extension of Stay; while, I've seen other ThaiVisa folks talk about how it was fairly easy for them OR it was impossible..."it greatly depends on the land office you must deal with." Good luck, seriously.

Hua Hin and Pranburi are two different land offices and while Hua Hin is a bit tricky as they want money, last I heard the going rate for a usufruct was 15,000 baht i Hua Hin, Pranburi was a piece of cake when I had my usufruct registered in June last year. The cost was only 75 baht.

The update at the moment is as follows, my wife asked at the Pranburi office and they were reluctant to do anything as the boss higher up does not like doing usufructs. Laywers are saying 15000 etc as mentioned, maybe Pranburi office has caught on?

Anyone got the address of the Pranburi office please? I want to be sure my Wife's idea of the Pranburi office and stgrhe's is the same place?

Plesae not I am not concerned with the "Divorce scenario" she can have it.

Edited January 21, 2010 by yabaaaa

[stgrhe]

I have sent you a PM with the address.

[yabaaaa]

yabaaaa, don't forget to update us on how it goes for you.

Okey cokey Donx,

OK so we called the land office at Sam Roi Yot (previously I thought it was Pranburi) They at first told me they did not want to do it because the big boss higher up didnt like it and told us dont worry he will be leaving soon ( they move them round every 3 years to try to stop corruption).

We arrivd at 9.30 am and they diont have a clue what it was, the woman there called the boss who was woman and had been there 3 days, she told us we couldnt do a Usufruct as we were married!!!! haaahahahaahahah almost burst out laughing at this point.

My wife fully conversant with usufructs then started telling them what they could do. She made many calls to Pranburi land office and in a loud voice made sure all the staff at Sam Roi Yot could hear what she was saying.

Next problem was they wanted proof who my parents were. Even though we had documents showing who my parents were they insisted on birth certificates.

They gave up on that when w e produced my yellow tabien bahn with the details in.

By this time the woman who needed to verify everything had gone to a meeting and wasnt available so we had to wait.

7 hours later some questioning to my wife of " why she wanted this" and not to worry as when/if she died I would inherit it all anyway ( more laughter from me at this point) she forgot I would have to sell it al after a year had passsed.

Anyway at the end of all this "them knowing almost nothing" we got the usufruct at SAm Roi Yot price 75 baht.

So the real deal is they havent a clue at Sam Roi Yot office but now they have done this one maybe that will change.

No lawyers were necessary dont waste your money the total cost was 75 baht and a 7 hour wait.