Willing Property From Thai Wife To Farang Husband

[OldXpat]

Hello;

I am a farang working in Thailand, lawfully and happily married (overseas) to a great Thai wife. We have two properties that are in my wife's name. One is a house and property in Isaan, the other is a very small condo in BKK. I would like to know the best means to be protected in case she would pre-decease me. I have thought about a will and/ or rental contract at minimal rent. Naturally I cannot own the home sitting on land, but what about the condo? I would likely be happy to stay in the condo and pay some minimal amount of "rent" to keep the family happy. I am not a spring chicken and would not like to be in the postion of being kicked out in the street. I don't have visa issues and modest income is not a problem.

What do you suggest?

Thanks;

Pat

[pkrv]

You did not document/bring in the funds for your condo purchase from off shore did you? - Please take a look at the pinned thread we are all trying to work things out.

Edited May 7, 2010 by pkrv

[OldXpat]

You did not documnet/bring in the funds for your condo purchase from off shore did you? - Please take a look at the pinned thread we are all trying to work things out.

In the case of the "house" yes, but loosely documented. In the case of the Condo, "no".

[pkrv]

You did not documnet/bring in the funds for your condo purchase from off shore did you? - Please take a look at the pinned thread we are all trying to work things out.

In the case of the "house" yes, but loosely documented. In the case of the Condo, "no".

For the condo. What name is the on the Chanott ti din (often called a Chanott, Chanote or Chanoot) This is the odd sized brown bit of Thai legal paper that is the definitive description of freehold property held in your name, in Thailand.

[Tropicalevo]

A foreigner CAN own a house in Thailand, but not the land. This does involve a trip to Bangkok and a visit to a couple of government offices (I cannot remember which ones, but the Foreign Office was one of them. A 'good' lawyer should be able to tell you.)

As you are 'no spring chicken', your wife can sign a lease with you for thirty years. Under Thai law you can have 2 leases back to back. (no more - that would be illegal.)

Regarding the condos - I leave that to others better qualified than me. (We only have one on Samui.)

Good luck

Sorry - forgot to mention. If you have dependents - put them on the lease as well, otherwise the lease dies when you do.

Edited May 7, 2010 by Tropicalevo

[torrenova]

I think there is something about you having a year to dispose of the property after the death of your spouse. I would check and get advice on inheritance law in Thailand as you can be assured someone will come sniffing if they think they can get a free lunch.

[stgrhe]

You can inherit both the land and the condo trough a will. You will be the new owner but actually not get your name on the title documents as the properties must be sold within a year. You can, however, ensure that you have possession trough life through usufructs. Hence, get a lawyer to draw up wills your you and your wife, register the usufructs for life at respective land office and register the marriage here in Thailand.

In the event of your wife's pre-mature death you will have one year to transfer the titles to another Thai but the new "owner" will have to honour your right of possession until your passing is up. There are other ways but a good lawyer would be able to tell you what options you have.

[MikeyIdea]

You are married overseas but not in Thailand. Coming and waving a marriage certificate from another country is not going to change that.

Your wife is legally NOT married in Thailand until you get the overseas marriage registered at the amphur.

[yabaaaa]

get married in Thailand and get a usufruct 75baht cost