Give Your Girlfriend A Mortgage. . .

[Godders]

My Thai g/f and I are buying a house together. As we are not married, I plan to lend her the money via a mortgage agreement giving me the right to occupy the property for 30 years initially and money back if the house is sold for any reason, including divorce.

Assuming it is possible legally to enter into such an agreement, would it continue to have legal force if we subsequently marry?

Or am I expected to trot along to the local land office, put my hands up and meekly sign away all my rights to the property immediately after tying the knot?

Is there in fact a legal requirement for me to do this? Or if I just stay stum, might I have a chance of getting something back if the relationship goes belly up?

Incidentally, much as one appreciates the contributions of the Forum's flock of legal eagles, it would be helpful to hear the experiences of somebody who has actually tested Thai matrimonial justice first hand. The only case I came across some three years ago involved a falang who sued his Thai lover (they were gay, so not married) for a share of the money he has spent on buying a house for them. Much to everyone's surprise, the court ordered the Thai to repay most of the cash.

In your own correspondence column, cases have been cited of falangs receiving a share of the proceeds from property sold because of a divorce.

Maybe more of us should stop bleating about the unfairness of Thai divorce law, turn a deaf ear to the gloom and doom predictions of the barrack room lawyers and start fighting to get the law changed or at least applied in a more equitable way.

[chownah]

My Thai g/f and I are buying a house together. As we are not married, I plan to lend her the money via a mortgage agreement giving me the right to occupy the property for 30 years initially and money back if the house is sold for any reason, including divorce.

Assuming it is possible legally to enter into such an agreement, would it continue to have legal force if we subsequently marry?

Or am I expected to trot along to the local land office, put my hands up and meekly sign away all my rights to the property immediately after tying the knot?

Is there in fact a legal requirement for me to do this? Or if I just stay stum, might I have a chance of getting something back if the relationship goes belly up?

Incidentally, much as one appreciates the contributions of the Forum's flock of  legal eagles, it would be helpful to hear the experiences of somebody who has actually tested Thai matrimonial justice first hand. The only case I came across some three years ago involved a falang who sued his Thai lover (they were gay, so not married)  for a share of the money he has spent on buying a house for them. Much to everyone's surprise, the court ordered the Thai to repay most of the cash.

In your own correspondence column, cases have been cited of falangs receiving a share of the proceeds from property sold because of a divorce.

Maybe more of us should stop bleating about the unfairness of Thai divorce law, turn a deaf ear to the gloom and doom predictions of the barrack room lawyers and start fighting to get the law changed or at least applied in a more equitable way.

<{POST_SNAPBACK}>

I don't think that foreigners 'fighting' to change Thai laws will work out the way intended. For starters, organizing in any way to change laws would probably be considered entering into politics and possibly starting a political party and I believe that foreigners are flat out denied the right to do either.

[Thaipwriter]

My Thai g/f and I are buying a house together. As we are not married, I plan to lend her the money via a mortgage agreement giving me the right to occupy the property for 30 years initially and money back if the house is sold for any reason, including divorce.

Assuming it is possible legally to enter into such an agreement, would it continue to have legal force if we subsequently marry?

Or am I expected to trot along to the local land office, put my hands up and meekly sign away all my rights to the property immediately after tying the knot?

Is there in fact a legal requirement for me to do this? Or if I just stay stum, might I have a chance of getting something back if the relationship goes belly up?

Incidentally, much as one appreciates the contributions of the Forum's flock of  legal eagles, it would be helpful to hear the experiences of somebody who has actually tested Thai matrimonial justice first hand. The only case I came across some three years ago involved a falang who sued his Thai lover (they were gay, so not married)  for a share of the money he has spent on buying a house for them. Much to everyone's surprise, the court ordered the Thai to repay most of the cash.

In your own correspondence column, cases have been cited of falangs receiving a share of the proceeds from property sold because of a divorce.

Maybe more of us should stop bleating about the unfairness of Thai divorce law, turn a deaf ear to the gloom and doom predictions of the barrack room lawyers and start fighting to get the law changed or at least applied in a more equitable way.

mortgages are one way of securing things A LITTLE.

what happens 10years down the line if the short term smile wears off and all of a sudden Thailand relaxes the land ownership laws to foreigners?

land and house prices go through the roof......your GF or wife has EQUITY above the value of the mortgage and it goodbye gooders.

I think your best bet is to put the land in her name and have a 30 lease with options to renew for another 30 years

Put the house in your name. you can own property not land.

this scenario works well if you are married or whatever.

dont forget you can do the above AND have a mortgage too!

see sunbelt legal to help you achive this!

sorry for being to the point.....

[Thaipwriter]

I plan to lend her the money via a mortgage agreement giving me the right to occupy the property for 30 years initially and money back if the house is sold for any reason, including divorce.

this agreement is wonderful, it is perfect, unfortunatley there is no way it will ever happen in Thailand!

[Khun Jean]

Zzzzzz, Zzzzzzzz...

[Nam Kao]

>>>>and money back if the house is sold for any reason, including divorce

How will you get the $$ back, I like your odds playing the lottery better

Why do you have to do this? Are you getting pressured?

Handing any $$$ over is high risk. Why dont you just play the field and avoid risks?

nam

[Godders]

this agreement is wonderful, it is perfect, unfortunatley there is no way it will ever happen in Thailand!

<{POST_SNAPBACK}>

Why? My girlfriend has already agreed to the proposal. Unless you know of a legal impediment, why won't my "wonderful" agreement work?

[chuchok]

this agreement is wonderful, it is perfect, unfortunatley there is no way it will ever happen in Thailand!

<{POST_SNAPBACK}>

Why? My girlfriend has already agreed to the proposal. Unless you know of a legal impediment, why won't my "wonderful" agreement work?

<{POST_SNAPBACK}>

Talk to a GOOD lawyer.

[Godders]

>>>>and money back if the house is sold for any reason, including divorce

How will you get the $$ back, I like your odds playing the lottery better

Why do you have to do this? Are you getting pressured?

Handing any $$$ over is high risk.  Why dont you just play the field and avoid risks?

nam

<{POST_SNAPBACK}>

I'm not being pressured. I'm happy to buy my g/f a house and eventually marry - but it would be nice to know I have some protection if things go sour. Hopefully, a legal agreement would mean that if it came to a fight, the courts would be on my side.

[Godders]

this agreement is wonderful, it is perfect, unfortunatley there is no way it will ever happen in Thailand!

<{POST_SNAPBACK}>

Why? My girlfriend has already agreed to the proposal. Unless you know of a legal impediment, why won't my "wonderful" agreement work?

<{POST_SNAPBACK}>

Talk to a GOOD lawyer.

<{POST_SNAPBACK}>

Enigmatic. Do you mean talk to a good lawyer (how do I find one - believe me I have already tried) or don't bother because I'm wasting my time. If the latter, can you tell me exactly why?

[chuchok]

this agreement is wonderful, it is perfect, unfortunatley there is no way it will ever happen in Thailand!

<{POST_SNAPBACK}>

Why? My girlfriend has already agreed to the proposal. Unless you know of a legal impediment, why won't my "wonderful" agreement work?

<{POST_SNAPBACK}>

Talk to a GOOD lawyer.

<{POST_SNAPBACK}>

Enigmatic. Do you mean talk to a good lawyer (how do I find one - believe me I have already tried) or don't bother because I'm wasting my time. If the latter, can you tell me exactly why?

<{POST_SNAPBACK}>

I would go to a well known,been in Thailand for years,good reputation American or British run company.They will charge like wounded bulls, but you are most likley to get correct advise, rather than just opinion.

[Dragonman]

My Thai g/f and I are buying a house together. As we are not married, I plan to lend her the money via a mortgage agreement giving me the right to occupy the property for 30 years initially and money back if the house is sold for any reason, including divorce.

Assuming it is possible legally to enter into such an agreement, would it continue to have legal force if we subsequently marry?

Or am I expected to trot along to the local land office, put my hands up and meekly sign away all my rights to the property immediately after tying the knot?

Is there in fact a legal requirement for me to do this? Or if I just stay stum, might I have a chance of getting something back if the relationship goes belly up?

Incidentally, much as one appreciates the contributions of the Forum's flock of  legal eagles, it would be helpful to hear the experiences of somebody who has actually tested Thai matrimonial justice first hand. The only case I came across some three years ago involved a falang who sued his Thai lover (they were gay, so not married)  for a share of the money he has spent on buying a house for them. Much to everyone's surprise, the court ordered the Thai to repay most of the cash.

In your own correspondence column, cases have been cited of falangs receiving a share of the proceeds from property sold because of a divorce.

Maybe more of us should stop bleating about the unfairness of Thai divorce law, turn a deaf ear to the gloom and doom predictions of the barrack room lawyers and start fighting to get the law changed or at least applied in a more equitable way.

<{POST_SNAPBACK}>

I am not sure how you would intend this to work. Strictly it would not be a mortgage as how would a foreigner be able to reposess the property if payment was in default. It would be a loan agreement structured with a 30 year lease for a peppercorn rent. The loan agreement would have to be formulated as to ensuring the loan was called in on the sale of the property. If she defaulted and intended to sell the property you would likely have to take out an injunction to freeze her assetts as you would not have a secured loan. Extremely complicated and why people probably do not go down this route. You would need to speak to a good thai Property Lawyer, not just a lawyer.

[jitagon]

Another point I always see as being overlooked by the arrangement whereby the property is put in a partner/wife's name is that - what happens if he/she dies? Yes you can have the thirty year lease, but you must make sure it is registered at the Land Department, or it is invalid. But if the Title Holder dies, you revert to being a tenant of his/her heirs and cannot sell. Also, what happens if you are the victim of longevity? There you are, on the eve of the expiration of the registered lease, and his/her kids, siblings, may want you out. No old folks homes here. And I have been told by a very experienced lawyer here that the chances of being able to renew another 30 years are, despite all the talk, negligible.

[Dragonman]

Another point I always see as being overlooked by the arrangement whereby the property is put in a partner/wife's name is that - what happens if he/she dies? Yes you can have the thirty year lease, but you must make sure it is registered at the Land Department, or it is invalid. But if the Title Holder dies, you revert to being a tenant of his/her heirs and cannot sell. Also, what happens if you are the victim of longevity? There you are, on the eve of the expiration of the registered lease, and his/her kids, siblings, may want you out. No old folks homes here. And I have been told by a very experienced lawyer here that the chances of being able to renew another 30 years are, despite all the talk, negligible.

<{POST_SNAPBACK}>

You are correct in all your points. An Option in general terms is fairly easily broken, as it does not have the same legal weight as a lease. The way I keep my missus in line is the fact that when I die she gets a good pension for the rest of her life. Mind you this does mean that it is really in her interests to get me bumped off rather than divorce me.

[Heng]

Nothing says "I love you," more than a written contract that says "but I don't trust you."

[TokyoT]

Nothing says “Fool” more than a man whose wife leaves him and takes everything with her.

"A fool and his money are soon parted"

But I guess maybe it's better she takes the house/car and all his money than having her feed the duckies.

[Neeranam]

In one year in Khon Kaen provinve, I have seen 4 elder farang guys who met their gf in bars in Pattaya come to build a house.

They all say that their relationship is different from others, in that their gf is speacial and would never dream of ripping them off.

I have two good friends who are retired, very succesful people in business with a great pension. Against my advice, they built houses for their other halves.

What I don't understand is why they do it. They are so sensible in other areas.

Ask someone who has been in Thailand for a long time what happens 95% of the time. One guy had arrived in Pattaya for a 1 month holiday, met a prostitute and had started building a house in four months. Crazy.

If you don't trust your gf 110%, don't even think about doing this, it will probably end up in tears.

[Thaipwriter]

In one year in Khon Kaen provinve, I have seen 4 elder farang guys who met their gf in bars in Pattaya come to build a house.

They all say that their relationship is different from others, in that their gf is speacial and would never dream of ripping them off.

I have two good friends who are retired, very succesful people in business with a great pension. Against my advice, they built houses for their other halves.

What I don't understand is why they do it. They are so sensible in other areas.

Ask someone who has been in Thailand for a long time what happens 95% of the time. One guy had arrived in Pattaya for a 1 month holiday, met a prostitute and had started building a house in four months. Crazy.

If you don't trust your gf 110%, don't even think about doing this, it will probably end up in tears.

if it was possible to put things in their own name they would.

a lot of folks are that lovestruck they dont see the danger ahead.

other folks are too tight with cash to pay an extra 50,000 for legal advice on top of the million they are spending

bottom line is that its better to rent.

if you have 2 million baht to spend on a home then why not leave the cash in an interest account, this will give you about 8,000 a month interest towards rent payment. (uk figures) if your gf is not happy, why not finish the rental agreement on her and go rent another??

[TokyoT]

What I don't understand is why they do it. They are so sensible in other areas.

<{POST_SNAPBACK}>

When they were successful in business they were thinking with head A, and when building that new house out in Nokon Wherever they were thinking with head B.

Let’s face it we members of the male persuasion have had a cruel joke played on us my mother nature. She went and gave us two heads, but only enough blood in the system to support one of them at a time.