Land/Propoerty Ownership

[ChangMaiSausage]

Info required to settle an argument that has been ongoing for the last twelve months. (Apologies if this question has been raised, I struggled to find the answer)

My wife ownes land that was bought with my money, I signed the papers that basically said I have no ownership or claim to this land. If my wife was to pass away who would take ownership of the property/land?

We have a young family 11 and 4 so I imagine they would be able to claim rightful ownership in their mothers absence?

My wife is adamant that I would have a claim as her husband? I disagree, and that this would be the same if we have a house in Thailand which is the plan.

My understanding is that we both need to establish wills in our respective countries so that any of our assests will be dealt with accordingly.

Can anyone confirm what would happen (has anyone experienced this situation, sad I know but I imagine it has happened)

Thanks in advance.

David

[stgrhe]

Wills would help to some degree but to ensure that you can live on the premises as long as you live you should register a usufruct in your name.

I suggest you read here: http://www.thailawonline.com/

[PattayaParent]

There is a proscribed inheritence law saying who gets what percentage of an estate and could include parents and brothers and sisters as well as children and spouse so be sure to have you wife make a will leaving the land specifically to the children and naming you as their guardian.

[PattayaParent]

Double post.

Edited April 25, 2011 by PattayaParent

[ChangMaiSausage]

Thanks guys as I thought we will arrange a will next time we are in Thailand the same the UK.

Thanks again

[OKF]

As I understand it a Thai will should be the best thing to do because you respectively your wife can then specifically inherit everything as nemed by her. This is different in Europe at least in Germany. Her you could not inherrit what you like to whom you like.

[stgrhe]

As I understand it a Thai will should be the best thing to do because you respectively your wife can then specifically inherit everything as nemed by her. This is different in Europe at least in Germany. Her you could not inherrit what you like to whom you like.

Not exactly true when it comes to inheritance on land. For that to be true the heir must be part of the blood line, which a foreigner can't be.

[thaiwanderer]

Not exactly true when it comes to inheritance on land. For that to be true the heir must be part of the blood line, which a foreigner can't be.

Foreigners can inherit land but cannot own it and must sell it within a year.

[stgrhe]

Not exactly true when it comes to inheritance on land. For that to be true the heir must be part of the blood line, which a foreigner can't be.

Foreigners can inherit land but cannot own it and must sell it within a year.

That is indeed questionably according to Isaan Lawyers, who have dug into this subject matter.

This document is in Thai but it is supposed to explain the differences of inheritance by will and by blood line.

http://www.thailawonline.com/images/stories/acquisition%20of%20land%20by%20inheritance%20to%20aliens.pdf

[Nawtier]

Can anyone explain in English some of this......wondering what happens and what claims other family members have over assets if not married and the difference if married.

Does the other family automatically get portions of it all no matter what....or does it all go directly in line to kids first and then down the line if no kids etc.....or split up in portions from the start ?

[thaiwanderer]

Not exactly true when it comes to inheritance on land. For that to be true the heir must be part of the blood line, which a foreigner can't be.

Foreigners can inherit land but cannot own it and must sell it within a year.

That is indeed questionably according to Isaan Lawyers, who have dug into this subject matter.

This document is in Thai but it is supposed to explain the differences of inheritance by will and by blood line.

http://www.thailawon...to%20aliens.pdf

Are you suggesting foreigners cannot inherit land (without formal ownership)?

In any case you make a strange distinction. It should be by will or not (statutory heirs).

Spouse is at the bottom of the list of statutory heirs.

As with anywhere no one should assume their hopes for their dependents are carried out by mere operation of the law rather than specifying them in a will that takes into account what is legally allowed.

Extra considerations are needeed in Thai / Alien relationships given the effective general prohibition on foreigners owning land (but not against them inheriting - an important difference).

[stgrhe]

Are you suggesting foreigners cannot inherit land (without formal ownership)?

In any case you make a strange distinction. It should be by will or not (statutory heirs).

Spouse is at the bottom of the list of statutory heirs.

There are conflicting laws and Sebastien of Isaan Lawyers has, together with his Thai partners, investigated the matter and its consequences. The way he describes it is that you can be willed the asset of the land as a foreigner but to actually be willed the land you have to be a statutory heir, hence no land title document will be provided in your name whether for a limited period or not.

[thaiwanderer]

Are you suggesting foreigners cannot inherit land (without formal ownership)?

In any case you make a strange distinction. It should be by will or not (statutory heirs).

Spouse is at the bottom of the list of statutory heirs.

There are conflicting laws and Sebastien of Isaan Lawyers has, together with his Thai partners, investigated the matter and its consequences. The way he describes it is that you can be willed the asset of the land as a foreigner but to actually be willed the land you have to be a statutory heir, hence no land title document will be provided in your name whether for a limited period or not.

Not sure I follow the reasoning.

I talked of inheritance without ownership because registration will not occur due to the general prohibition on foreign ownership not due to who may or may not inherit.

I am unaware of any provisions restricting foreign inheritance to spouse only.

In practical terms of course spouse or not the foreigner essentially faces a time limited distressed sale and may well not recover much value.

[stgrhe]

I am unaware of any provisions restricting foreign inheritance to spouse only.

Sorry I misunderstood you. No I do not know of any such limitation either, at least that was what our solicitor informed us when we got our wills a few years ago. I am the sole heir of my Thai wife, but would not be able to take ownership of 'our' land. My wife, on the other hand, is my sole heir.