Buying Land In Partner's Name

[simon43]

I think I understand the Thai law about buying land in your Thai wife's name (you have to sign document saying that you provided no money to her etc, you have no claim on the land if you divorce etc etc). But Thai law states 'spouse' and my understanding is that a partnership where the couple are not legally married is not legally recognised in Thailand as husband and wife.

So, as far as buying land is concerned etc, is there any advantage/loophole in Thai law which would benefit me because we are not married?

I have been told previously that since I am not married to my partner, then I would have a legal claim to the money that I originally invested in this land, but not any profit on the land sale. This could be interesting since I previously bought land for a TGF who is no longer my GF. When she sells said land can I claim back the amount that I paid for the land?

Cheers - Simon

[Steve&mem]

I think I understand the Thai law about buying land in your Thai wife's name (you have to sign document saying that you provided no money to her etc, you have no claim on the land if you divorce etc etc).  But Thai law states 'spouse' and my understanding is that a partnership where the couple are not legally married is not legally recognised in Thailand as husband and wife.

So, as far as buying land is concerned etc, is there any advantage/loophole in Thai law which would benefit me because we are not married? 

I have been told previously that since I am not married to my partner, then I would have a legal claim to the money that I originally invested in this land, but not any profit on the land sale.  This could be interesting since I previously bought land for a TGF who is no longer my GF.  When she sells said land can I claim back the amount that I paid for the land?

Cheers - Simon

<{POST_SNAPBACK}>

This must have been covered hundreds of times, do a search you will find loads of people who have lost out.

If it not in your name as in a lease or company you don't have any claim. Be prepared to say goodbye to your investment if the relationship goes bad.

IMHO if you sign a document to say that its not your cash that bought the land, and then try and change your mind after wards, who will be believed ?.

Maybe a loan agreement with land as security ??????

Edited August 24, 2005 by Steve&mem

[Thaipwriter]

I think I understand the Thai law about buying land in your Thai wife's name (you have to sign document saying that you provided no money to her etc, you have no claim on the land if you divorce etc etc).  But Thai law states 'spouse' and my understanding is that a partnership where the couple are not legally married is not legally recognised in Thailand as husband and wife.

So, as far as buying land is concerned etc, is there any advantage/loophole in Thai law which would benefit me because we are not married? 

I have been told previously that since I am not married to my partner, then I would have a legal claim to the money that I originally invested in this land, but not any profit on the land sale.  This could be interesting since I previously bought land for a TGF who is no longer my GF.  When she sells said land can I claim back the amount that I paid for the land?

Cheers - Simon

buy the land in her name and have a "usufruct" interest. this is a "right of habitation" to use the land until you die

your name will appear on the back of the land title right next to your girlfriends name.

Your girlfriend can sell the land, but the new owner cannot move you from the land.

Once a prospective purchaser sees your name on the back of the title deed he will not buy because he or she knows that they cannot legally have you removed.

Usufruct costs 80baht at land office.

you cannot have usufruct if you have mortgage, you cannot have a usufruct from a company, it has to be an individual.

do a google on "usufruct thailand" or PM me for more

[chownah]

I think I understand the Thai law about buying land in your Thai wife's name (you have to sign document saying that you provided no money to her etc, you have no claim on the land if you divorce etc etc).  But Thai law states 'spouse' and my understanding is that a partnership where the couple are not legally married is not legally recognised in Thailand as husband and wife.

So, as far as buying land is concerned etc, is there any advantage/loophole in Thai law which would benefit me because we are not married? 

I have been told previously that since I am not married to my partner, then I would have a legal claim to the money that I originally invested in this land, but not any profit on the land sale.  This could be interesting since I previously bought land for a TGF who is no longer my GF.  When she sells said land can I claim back the amount that I paid for the land?

Cheers - Simon

<{POST_SNAPBACK}>

buy the land in her name and have a "usufruct" interest. this is a "right of habitation" to use the land until you die

your name will appear on the back of the land title right next to your girlfriends name.

Your girlfriend can sell the land, but the new owner cannot move you from the land.

Once a prospective purchaser sees your name on the back of the title deed he will not buy because he or she knows that they cannot legally have you removed.

Usufruct costs 80baht at land office.

you cannot have usufruct if you have mortgage, you cannot have a usufruct from a company, it has to be an individual.

do a google on "usufruct thailand" or PM me for more

<{POST_SNAPBACK}>

Just another thought.....you can be moved off the land once you are dead.

[LoveDaBlues]

I think I understand the Thai law about buying land in your Thai wife's name (you have to sign document saying that you provided no money to her etc, you have no claim on the land if you divorce etc etc).  But Thai law states 'spouse' and my understanding is that a partnership where the couple are not legally married is not legally recognised in Thailand as husband and wife.

So, as far as buying land is concerned etc, is there any advantage/loophole in Thai law which would benefit me because we are not married? 

I have been told previously that since I am not married to my partner, then I would have a legal claim to the money that I originally invested in this land, but not any profit on the land sale.  This could be interesting since I previously bought land for a TGF who is no longer my GF.  When she sells said land can I claim back the amount that I paid for the land?

Cheers - Simon

<{POST_SNAPBACK}>

buy the land in her name and have a "usufruct" interest. this is a "right of habitation" to use the land until you die

your name will appear on the back of the land title right next to your girlfriends name.

Your girlfriend can sell the land, but the new owner cannot move you from the land.

Once a prospective purchaser sees your name on the back of the title deed he will not buy because he or she knows that they cannot legally have you removed.

Usufruct costs 80baht at land office.

you cannot have usufruct if you have mortgage, you cannot have a usufruct from a company, it has to be an individual.

do a google on "usufruct thailand" or PM me for more

<{POST_SNAPBACK}>

Just another thought.....you can be moved off the land once you are dead.

<{POST_SNAPBACK}>

has probably happened more than one would think.....

[Totster]

I think I understand the Thai law about buying land in your Thai wife's name (you have to sign document saying that you provided no money to her etc, you have no claim on the land if you divorce etc etc).  But Thai law states 'spouse' and my understanding is that a partnership where the couple are not legally married is not legally recognised in Thailand as husband and wife.

So, as far as buying land is concerned etc, is there any advantage/loophole in Thai law which would benefit me because we are not married? 

I have been told previously that since I am not married to my partner, then I would have a legal claim to the money that I originally invested in this land, but not any profit on the land sale.  This could be interesting since I previously bought land for a TGF who is no longer my GF.  When she sells said land can I claim back the amount that I paid for the land?

Cheers - Simon

<{POST_SNAPBACK}>

buy the land in her name and have a "usufruct" interest. this is a "right of habitation" to use the land until you die

your name will appear on the back of the land title right next to your girlfriends name.

Your girlfriend can sell the land, but the new owner cannot move you from the land.

Once a prospective purchaser sees your name on the back of the title deed he will not buy because he or she knows that they cannot legally have you removed.

Usufruct costs 80baht at land office.

you cannot have usufruct if you have mortgage, you cannot have a usufruct from a company, it has to be an individual.

do a google on "usufruct thailand" or PM me for more

<{POST_SNAPBACK}>

Just another thought.....you can be moved off the land once you are dead.

<{POST_SNAPBACK}>

Reality bites...

totster

[Thaipwriter]

I think I understand the Thai law about buying land in your Thai wife's name (you have to sign document saying that you provided no money to her etc, you have no claim on the land if you divorce etc etc).  But Thai law states 'spouse' and my understanding is that a partnership where the couple are not legally married is not legally recognised in Thailand as husband and wife.

So, as far as buying land is concerned etc, is there any advantage/loophole in Thai law which would benefit me because we are not married? 

I have been told previously that since I am not married to my partner, then I would have a legal claim to the money that I originally invested in this land, but not any profit on the land sale.  This could be interesting since I previously bought land for a TGF who is no longer my GF.  When she sells said land can I claim back the amount that I paid for the land?

Cheers - Simon

buy the land in her name and have a "usufruct" interest. this is a "right of habitation" to use the land until you die

your name will appear on the back of the land title right next to your girlfriends name.

Your girlfriend can sell the land, but the new owner cannot move you from the land.

Once a prospective purchaser sees your name on the back of the title deed he will not buy because he or she knows that they cannot legally have you removed.

Usufruct costs 80baht at land office.

you cannot have usufruct if you have mortgage, you cannot have a usufruct from a company, it has to be an individual.

do a google on "usufruct thailand" or PM me for more

Just another thought.....you can be moved off the land once you are dead.

Reality bites...

totster

it sure does! the various methods to aquire land and house in Thailand all have their limitations

[Khun Jean]

I think the best way is to go the company route. You are doing business on it anyway so it seems the right thing to do. (Or is this other land than the one in Samui?)

In my opinion all other options are for the "don't care about the future", "won't happen to me", "i am dead in 30 years" or the "don't care if i loose it all" types.

Edited August 25, 2005 by Khun Jean

[simon43]

Hi Khun Jean! The land that we are buying in Samui will be bought by our Thai company. But the main point of my original posting seems to have been overlooked by most replies!

That is, in reference to farangs 'lending' money to their Thai wife to buy land etc, Thai law is very clear in that it speaks only about Thais who are married to non-Thais. And Thai law also is very clear in that it does not consider unmarried partners to be married in the eye of the law. 2 separate Thai lawyers have told me that if a non-Thai lends money to buying land/house in the name of a Thai person to whom they are not married - then that non-Thai has a legal claim to the money should the property be sold at a later date, but does not have any claim to any profit realised from that sale. If the non-Thai is married to the Thai purchaser of the land, then there is no legal claim because Thai law specifically excludes this - but Thai law does not specifically exclude it where the persons are not married.

[Dragonman]

I think I understand the Thai law about buying land in your Thai wife's name (you have to sign document saying that you provided no money to her etc, you have no claim on the land if you divorce etc etc).  But Thai law states 'spouse' and my understanding is that a partnership where the couple are not legally married is not legally recognised in Thailand as husband and wife.

So, as far as buying land is concerned etc, is there any advantage/loophole in Thai law which would benefit me because we are not married? 

I have been told previously that since I am not married to my partner, then I would have a legal claim to the money that I originally invested in this land, but not any profit on the land sale.  This could be interesting since I previously bought land for a TGF who is no longer my GF.  When she sells said land can I claim back the amount that I paid for the land?

Cheers - Simon

<{POST_SNAPBACK}>

A similar thing is being discussed on another thread. Some posters have had friends who got some cash back even from wives. I personally don't see how without a loan agreement, but TiT. Unlikely to find an appreciative partner who'll "understand" why they have to sign the loan agreement

[Khun Jean]

Simon,

So, as far as buying land is concerned etc, is there any advantage/loophole in Thai law which would benefit me because we are not married?

In my understanding you have an advantage when you lease the land from her. This can not be done when you are married. (Don't know exactly why and of course i am not sure, but something to investigate.)

So many lawyers, so many opinions.

[Dragonman]

Simon,

So, as far as buying land is concerned etc, is there any advantage/loophole in Thai law which would benefit me because we are not married?

In my understanding you have an advantage when you lease the land from her. This can not be done when you are married. (Don't know exactly why and of course i am not sure, but something to investigate.)

So many lawyers, so many opinions.

<{POST_SNAPBACK}>

Exactly! That is why there are lawyers. It is all opinion based on Statute and case law. If there was one answer to anything there'd never be one lawyer for each party.