daiwill60 Posted February 3, 2011 Share Posted February 3, 2011 Hi Guys, Me and the Thai missus are beginning to build a new house in Mahasarakham. She obviously owns the land, as is always the case in Thailand , but where do i stand relating to the fact that i am sharing 50% of the building cost with her. Is there any point in me getting my name put on the deeds of the house, being as i have paid for 50% of the building costs, or is this another typically thai situation where i have no rights. I accept that i will never own the land the house stands on. Ta very much for info Link to comment Share on other sites More sharing options...
InterestedObserver Posted February 3, 2011 Share Posted February 3, 2011 (edited) As long as you are legally married in Thailand, according to Thai law you have a right to 50% of the marital property during a divorce. Therefore, your 50% investment is automatically protected. You could register an encumbrance on the Chanote land title, but that can take a lot of effort. Edited February 3, 2011 by InterestedObserver Link to comment Share on other sites More sharing options...
wolf5370 Posted February 3, 2011 Share Posted February 3, 2011 Lots of ways to protect yourslef - look up USUFRUCTs here for starters (always use a 3rd party though when between husband and wife) Link to comment Share on other sites More sharing options...
BuckarooBanzai Posted February 3, 2011 Share Posted February 3, 2011 (edited) wolf5370 - Do you mean a lawyer? and could you clarify. Thanx Edited February 3, 2011 by BuckarooBanzai Link to comment Share on other sites More sharing options...
wolf5370 Posted February 3, 2011 Share Posted February 3, 2011 wolf5370 - Do you mean a lawyer? and could you clarify. Thanx Ah sorry, see i was as clear as mud there. A lawyer would of course be useful drawing up USUFRUCTs, but I was refering to add a third party's name to the USUFRUCT. The reason for this is that there have been cases (wrongly or rightly) of USUFRUCTs between husband and wife to be seen as part of the matrimonial estate and therefore considered in the divorce (court can then override it and and enforced sale could spell loss of value as well as loss of a place to live!). If a third party is on it (a kid or an uncle or whatever) - the court can not include it as part of the matrimonial assets when divorcing. The land - and house - may still be (as far a value) - but the USUFRUCT will still be in effect (an thus no one would want to buy it as they can't kick youi off the land while its in effect). Link to comment Share on other sites More sharing options...
InterestedObserver Posted February 3, 2011 Share Posted February 3, 2011 The OP needs to clarify what he wants. Either a place to live long-term beyond a divorce or protection for his 50% investment in the house. Link to comment Share on other sites More sharing options...
wolf5370 Posted February 3, 2011 Share Posted February 3, 2011 The OP needs to clarify what he wants. Either a place to live long-term beyond a divorce or protection for his 50% investment in the house. Yes, agreed - USUFRUCT would only cover the former - a signed mortgage/loan agreement would, I guess, cover the latter. Link to comment Share on other sites More sharing options...
gamini Posted February 4, 2011 Share Posted February 4, 2011 Just get your wife to lease the property to you for 30 years and this will be recorded on the back of the chanote. It is simple and easy to do and you are fully protecetd Link to comment Share on other sites More sharing options...
InterestedObserver Posted February 4, 2011 Share Posted February 4, 2011 (edited) Just get your wife to lease the property to you for 30 years and this will be recorded on the back of the chanote. It is simple and easy to do and you are fully protecetd Then the wife is stuck with a 12.5% tax on the yearly assessed rental value of the leased property. Also, a lease does nothing toward securing the OP's 50% investment in the house, if that is his primary concern. Edited February 4, 2011 by InterestedObserver Link to comment Share on other sites More sharing options...
JackSterling Posted February 4, 2011 Share Posted February 4, 2011 Only a fool will marry a Thai woman without finding out the REAL truth about then first.. 17 years in Thailand and I have yet to find a honest Thai woman.. Do not be surprised one day that the locks have been changed and all is NOT yours when the cops tell you to get off of your door step and go back to once you came.. Link to comment Share on other sites More sharing options...
olsen Posted February 4, 2011 Share Posted February 4, 2011 Why not place the house in your name? Then you own the house and your wife owns the land. But that of course require that your wife accepts! Link to comment Share on other sites More sharing options...
ESB7 Posted February 4, 2011 Share Posted February 4, 2011 If you are not prepared to take the risk of loosing your 50% dont bother and just rent..... Link to comment Share on other sites More sharing options...
billd766 Posted February 4, 2011 Share Posted February 4, 2011 Only a fool will marry a Thai woman without finding out the REAL truth about then first.. 17 years in Thailand and I have yet to find a honest Thai woman.. Do not be surprised one day that the locks have been changed and all is NOT yours when the cops tell you to get off of your door step and go back to once you came.. I must be a fool then as I have been in Thailand for 17 years and I know quite a few honest Thai women, one of whom I married and have a son by. I have quite a few friends who have married Thai women also and only 2 of them had a marriage crash. I was also married before in the UK and after I started the divorce I never went back into my house that I was paying for. I walked away with my pensions and my clothes etc and then payed the mortgage and alimony for years after that and she was an honest woman too. Link to comment Share on other sites More sharing options...
Darkman Posted February 4, 2011 Share Posted February 4, 2011 Only a fool will marry a Thai woman without finding out the REAL truth about then first.. 17 years in Thailand and I have yet to find a honest Thai woman.. Do not be surprised one day that the locks have been changed and all is NOT yours when the cops tell you to get off of your door step and go back to once you came.. I must be a fool then as I have been in Thailand for 17 years and I know quite a few honest Thai women, one of whom I married and have a son by. I have quite a few friends who have married Thai women also and only 2 of them had a marriage crash. I was also married before in the UK and after I started the divorce I never went back into my house that I was paying for. I walked away with my pensions and my clothes etc and then payed the mortgage and alimony for years after that and she was an honest woman too. Totally agree. There are crazy money grabbing women all over the world. Especially in the US and UK where I and friends have had very bad experiences with women. I've met greedy Thai women, who hasn't, but the world isn't perfect and neither are woman. I've been happily married to a beautiful Thai women for 5 years and am as happy today as I was when I first met her. Having said that, things change, thats the way the world goes round. It might change for me one day, but right now I'm happy as I can be. Link to comment Share on other sites More sharing options...
InterestedObserver Posted February 4, 2011 Share Posted February 4, 2011 I must be a fool then as I have been in Thailand for 17 years and I know quite a few honest Thai women, one of whom I married and have a son by. I have quite a few friends who have married Thai women also and only 2 of them had a marriage crash. I was also married before in the UK and after I started the divorce I never went back into my house that I was paying for. I walked away with my pensions and my clothes etc and then payed the mortgage and alimony for years after that and she was an honest woman too. But how are your investments (marital assets) in Thailand protected, which is basically what the OP is asking? Link to comment Share on other sites More sharing options...
villagefarang Posted February 4, 2011 Share Posted February 4, 2011 Just think of it as a prepaid, divorce or prenup. You know exactly what is on the table, from the very beginning. No guessing for what the settlement will be in the end. Link to comment Share on other sites More sharing options...
CHIEFOFFICER Posted February 6, 2011 Share Posted February 6, 2011 Just think of it as a prepaid, divorce or prenup. You know exactly what is on the table, from the very beginning. No guessing for what the settlement will be in the end. hear hear,it a gamble , after 22years in thailand,:jap: two divorces I still on to build a new house to me and my new bride . CO Link to comment Share on other sites More sharing options...
samran Posted February 6, 2011 Share Posted February 6, 2011 you can own the physical house, just not the land that it sits on. So house ownership is one way of maintaining a form of equity. Link to comment Share on other sites More sharing options...
markus Posted February 6, 2011 Share Posted February 6, 2011 (edited) Just get your wife to lease the property to you for 30 years and this will be recorded on the back of the chanote. It is simple and easy to do and you are fully protecetd Anybody can tell me if this procedure is also possible if you are not married legally (Thai gf) ? Another question: Does anyone knows a lawyer in Udon Thani ? Regards Markus Edited February 6, 2011 by markus Link to comment Share on other sites More sharing options...
InterestedObserver Posted February 6, 2011 Share Posted February 6, 2011 Yes you can lease property from your Thai girl friend, just as long as she owns the land. Link to comment Share on other sites More sharing options...
travelmann Posted February 7, 2011 Share Posted February 7, 2011 Only a fool will marry a Thai woman without finding out the REAL truth about then first.. 17 years in Thailand and I have yet to find a honest Thai woman.. Do not be surprised one day that the locks have been changed and all is NOT yours when the cops tell you to get off of your door step and go back to once you came.. Try leaving your accommodation!! Link to comment Share on other sites More sharing options...
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