How Can I Get My Name On House ?

[scorpio]

bought a house on soi nermpubwan , pattaya 3 mths ago, went to banglamung housing offices with wife then and sighned papers but didnt put my nane down on the house with my wife, house is only in her name, stupid i know !!! shes changed since this and im trying to find a way of getting my nane on the house, i have the deeds in my possession. when i asked her to put my name on she says the house would go to my child if we split, this isnt good enough, ive spent 2 million baht on it and im near broke,

i understand it will cost me 20-000 baht to add my name with my wifes on this house, any way i can do this without her knowing, im not goin g to throw her out but i fear she will try take it off me if we finish later on as we are goi ng through a bad patch now, we have a 2 year old daughter born in uk. i have asked my wife if anything ever happened to her who would get this house ? she says our daughter would inherit it but my daughters name is not on deeds as far as i can remnember .

thanks for any help.

[InterestedObserver]

Without the wife's cooperation there is nothing you can do since she is, I assume, listed on the Title Deed as the landowner. You could try and talk her into a 30 year lease or usufruct. That would allow you to occupy the land and live there long-term. Don't even think about getting the house in your name, you first have to secure land rights for the site.

[stgrhe]

To register your name on the house, i.e. to be the owner of the house on your wife's land, you first need one of these registered on back side of the land title: land lease, usufruct, superficies or right of habitation.

[Thaifan2]

Yes a usufruct .is what you want .You get your name on the Chanote and you have use of the house and land for at least 30 years .Will cost around 5,ooo baht .

[MarkBKK]

Yes a usufruct .is what you want .You get your name on the Chanote and you have use of the house and land for at least 30 years .Will cost around 5,ooo baht .

Usufruct lasts until you die, not 30 years (fact). Thirty years is a lease. Haven't got round to it (usufruct) myself yet, but I believe you go to the land office and it's a 30 baht form (Thai friend who is an estate agent told me ... she also said she hadn't done one for years, so maybe more now, but she reckoned it wouldn't cost more than 100 baht).

Also, you don't need an usufruct, or even a 30-year lease, to get your name on the chanote. Just someone in the land office who will put a farang's name on the chanote (I've been told as ''head of household''.) But I admit, that isn't (always) easy.

[Thaifan2]

>>Usufruct lasts until you die, not 30 years (fact). <<

My lawyer in Chiang Mai told me 30 years .It would be nice if you are right .Its not fact though unless you can show me the relevant law .

[redsquare]

>>Usufruct lasts until you die, not 30 years (fact). <<

My lawyer in Chiang Mai told me 30 years .It would be nice if you are right .Its not fact though unless you can show me the relevant law .

You are both correct. The right of usufruct can be created for a period of time up to 30 years or for the life of a person or persons. Dealt with under Civil code sections 1417 - 1428

[stgrhe]

>>Usufruct lasts until you die, not 30 years (fact). <<

My lawyer in Chiang Mai told me 30 years .It would be nice if you are right .Its not fact though unless you can show me the relevant law .

He was wrong! A usufruct can be signed for a limited time that must not exceed 30 years OR for life. Also, the cost to register a usufruct is only 75 baht, if higher than that is tea money.

Section 1418 of the Civil and Commercial Code:

Section 1418 – A usufruct may be created either for a period of time or for life of the usufructuary. If no time has been fixed, it is presumed that the usufruct is for the life of the usufructuary. If it is created for a period of time, the provisions of Section 1403 paragraph 3*) shall apply mutatis mutandis.

In any case the usufruct comes to an end on the death of the usufructuary.

*) Section1403, paragraph 3 reads: "If it is granted for a period of time, the period may not exceed thirty years; if a longer period is stipulated, it shall be reduced to thirty years. The grant may be renewed for a period not exceeding thirty years from the time of renewal."

Edited June 10, 2011 by stgrhe

[metisdead]

A couple of nonsense posts have been removed.

[Thaifan2]

>>Also, the cost to register a usufruct is only 75 baht, if higher than that is tea money.<<

My lawyer charged B5,000 .That included somebody coming with me from their office to hold my hand and smooth the way ,at the Land office .As i knew nothing about the process i was happy to pay to get things done correctly ,and for peace of mind .

[scorpio]

i was told in banglamung land office it was 20-000 thb for my name to go on with my wifes ......i just dont know, yes conflicting info here so still none the wiser lol

[haveaniceday]

20,000b is the Pattaya special price

By memory a couple of hundred baht will cover it.

Edited June 13, 2011 by haveaniceday

[InterestedObserver]

Has the OP discussed any of this with his wife yet? He is talking like he can just walk into the Land Office and it's a done deal.

[InterestedObserver]

Minor detail, agreements (contracts) between spouses are voidable. So a usufruct, or any other agreement with wife, is tenuous at best.