Is 30 Year Lease Still Available To Husband Of Thai Landholder?

[RicePudding]

I was told by a Thai lawyer today that a farang husband of a Thai woman can no longer obtain a 30 year lease of land/house that the Thai wife owns, similar to the way a farang husband cannot loan money to his Thai wife for her to purchase land. He said it is a new rule and it is about the government trying to stop farangs having virtual freeholds over land. He said a Thai woman can lease her land to anybody else except her husband. I didn't believe him, so he said to ring the land office and check, which we will do tomorrow, but I was wondering if anyone else has heard of this. Cheers.

[InterestedObserver]

Nothing like that has been posted on ThaiVisa. However, agreements concluded between husband and wife are easily voided at any time. So a land lease contract between husband and wife is not 100% secure.

Edited March 11, 2010 by InterestedObserver

[old wanderer]

Nothing like that has been posted on ThaiVisa. However, agreements concluded between husband and wife are easily voided at any time. So a land lease contract between husband and wife is not 100% secure.

We found this to be true....My wife owns a stack of Chanotes. The head of the land office has always been very good to us, and defered any little white envelopes for his employees...(almost unheard of I know). We were doing 2 Chanotes last year, and as always we wanted to register a USEFRET in my favor. Her Thai ID card has my last name, so there is no quesition we are married. Each time I have had to sign a document that I did not provide funds for the purchase of this property.

Well in casual conversation she mentioned we had been married 14 years.....He then went and pulled some of her files, and asked why she had filed this USEFRET as though she was single...really got upset with her, as he explained a lot of our ealier paperwork was illegal, and could cost her the property.

It took most of the next day to put everything straight. Yes I have a USEFRET, BUT since we are married if she so desires, she can revoke it at any time...

After 14 years I am not too worried, but it is mainly as a protection agains relitives should she have an accident. So be wary of the difference between what a married couple can do vs a unmarried couple.

[newtronbom]

I'm not worried about my Thai wife either, after 7 terrific years together, but if she has an accident.............I hope you will add the info you get from the land office regarding a 30 year lease to this post. A USEFRET would amount to much the same thing wouldn't it?

[chiangmaibruce]

Here we go again

1. Stopping farang from entering into 30yr leases from their wife doesn't make sense if the goal is "trying to stop farangs having virtual freeholds over land". Otherwise they would have to stop farang from entering into ANY and ALL 30 year leases wouldn't they? Yes, some people seeking to enter into such leases have been told "no", but the reason is generally said to be because husbands and wives can't enter into contracts with one another and/or any such contracts can be readily set aside at a later date ... in which case the Land dept might even be doing the farang hubbie a favour in blocking such an arrangement.

2. This one Thai lawyer may have been told this by one member of Land Dept's staff, but as anyone reading these threads knows, the guy sitting at the very next desk may well tell you the law says something else different again ... a new law is coming, etc (let alone staff in another office across country)

3. There are fundamental differences between leases and usufruct as explained at great length in other earlier threads. Yes, theoretically a Thai wife might seek to set aside a usufruct in favour of her current or ex-husband .... but no-one seems to know of any actual cases where a court has ordered that this occur.

Further details of all land ownership and control matters can be found in this source: www.burning-bison.com

[MikeyIdea]

Old Wanderer, it should be noted that what you are talking about is applicable for Thai married couples as well as westerners