swissie Posted June 17, 2011 Share Posted June 17, 2011 Can a USUFRUCT be cancelled by the grantor of the usufruct ? Example: Usufruct is issued to "have the right to live on property until death" ? This may be of interest to a very large number of Farangs for obvious reasons. Thanks & cheers. Link to comment Share on other sites More sharing options...
Mario2008 Posted June 17, 2011 Share Posted June 17, 2011 It is a contract and as such can only be cancelled with the aproval of both parties. Link to comment Share on other sites More sharing options...
swissie Posted June 17, 2011 Author Share Posted June 17, 2011 It is a contract and as such can only be cancelled with the aproval of both parties. Thanks Mario, that's all I needed to know. Cheers. Link to comment Share on other sites More sharing options...
Khun Jean Posted June 17, 2011 Share Posted June 17, 2011 Unless the one that grants the usufruct is your spouse, then the contract can and therefore will be dissolved when divorced. Link to comment Share on other sites More sharing options...
rawhod Posted June 17, 2011 Share Posted June 17, 2011 Unless the one that grants the usufruct is your spouse, then the contract can and therefore will be dissolved when divorced. As I understand it, in these circumstances either party can cancel the usufruct at any time. Link to comment Share on other sites More sharing options...
InterestedObserver Posted June 17, 2011 Share Posted June 17, 2011 It is a contract and as such can only be cancelled with the aproval of both parties. Thanks Mario, that's all I needed to know. Cheers. From the Thai Civil and Commercial Code: Section 1469. Any agreement concluded between husband and wife during marriage may be avoided by either of them at any time during marriage or within one year from the day of dissolution of marriage; provided that the right of third persons acting in good faith are not affected thereby. Link to comment Share on other sites More sharing options...
Sunbelt Asia Posted June 18, 2011 Share Posted June 18, 2011 A usufruct can be cancelled but it must be on the agreement of both parties. In the event of a usufruct with a Thai spouse. the spouse cannot cancel the agreement without the consent of the foreign partner but may apply to the Courts to have it cancelled in the event of a divorce. If the Court orders the cancellation that does not necessarily mean the Thai spouse will gain full rights as, under Thai law, any assets gained during marriage are marital assets to be split 50/50 and the Court may order the sale of the land in order to divide the assets equally. In cases of divorce where the assets are unclear or division is contested, it may be best to get a lawyer involved. [sunbelt][/sunbelt] Link to comment Share on other sites More sharing options...
thaiwanderer Posted June 18, 2011 Share Posted June 18, 2011 Cancellation by accelerated death is also possible. Link to comment Share on other sites More sharing options...
swissie Posted June 19, 2011 Author Share Posted June 19, 2011 A usufruct can be cancelled but it must be on the agreement of both parties. In the event of a usufruct with a Thai spouse. the spouse cannot cancel the agreement without the consent of the foreign partner but may apply to the Courts to have it cancelled in the event of a divorce. If the Court orders the cancellation that does not necessarily mean the Thai spouse will gain full rights as, under Thai law, any assets gained during marriage are marital assets to be split 50/50 and the Court may order the sale of the land in order to divide the assets equally. In cases of divorce where the assets are unclear or division is contested, it may be best to get a lawyer involved. [sunbelt][/sunbelt] What would be the Thai-word for "usufruct" ? Thanks. Link to comment Share on other sites More sharing options...
a99az Posted June 19, 2011 Share Posted June 19, 2011 I guess, but I am not sure, if one had bought land and house for the girl friend had also had drawn up a usufruct at the same time, then later married that this contract would still be solid as this would be considered a prenuptial agreement. True or false? Link to comment Share on other sites More sharing options...
InterestedObserver Posted June 19, 2011 Share Posted June 19, 2011 I guess, but I am not sure, if one had bought land and house for the girl friend had also had drawn up a usufruct at the same time, then later married that this contract would still be solid as this would be considered a prenuptial agreement. True or false? False, a prenuptial agreement must be registered at the local Amphur simultaneously with the marriage. Link to comment Share on other sites More sharing options...
LennyW Posted June 19, 2011 Share Posted June 19, 2011 What would be the Thai-word for "usufruct" ? Thanks. สิทธิเก็บกินSithṭhi kĕb kin Link to comment Share on other sites More sharing options...
swissie Posted June 20, 2011 Author Share Posted June 20, 2011 What would be the Thai-word for "usufruct" ? Thanks. สิทธิเก็บกินSithṭhi kĕb kin Thanks, Lenny. Link to comment Share on other sites More sharing options...
MRTELLYOUSTRAIGHT Posted June 21, 2011 Share Posted June 21, 2011 Cancellation by accelerated death is also possible. That sure is an option for the other party, today's friends tomorrows enemies. Link to comment Share on other sites More sharing options...
kirkieb Posted July 25, 2011 Share Posted July 25, 2011 So then to stay safe could the land be in the wives family name eg. her Mother and the Usufruct agreement is with her not the spouse. Then if divorce or death were to happen the Mother In Law had no right to cancel the agreement based on divorce or death of the spouse therefore ensuring both parties had to agree to disolve the Usufruct Agreement. Making it much safer for the Farang who invested for life Link to comment Share on other sites More sharing options...
stgrhe Posted July 26, 2011 Share Posted July 26, 2011 So then to stay safe could the land be in the wives family name eg. her Mother and the Usufruct agreement is with her not the spouse. Then if divorce or death were to happen the Mother In Law had no right to cancel the agreement based on divorce or death of the spouse therefore ensuring both parties had to agree to disolve the Usufruct Agreement. Making it much safer for the Farang who invested for life Another alternative is to add a second name on the usufruct rights. Link to comment Share on other sites More sharing options...
sfokevin Posted August 6, 2011 Share Posted August 6, 2011 (edited) Cancellation by accelerated death is also possible. That sure is an option for the other party, today's friends tomorrows enemies. Safer to just buy a low floor condo in your own name :jap: Edited August 6, 2011 by sfokevin Link to comment Share on other sites More sharing options...
bbradsby Posted August 7, 2011 Share Posted August 7, 2011 (edited) OK, can a usufruct be added to a property as a stand-alone legal process, subsequent to the purchase, i.e., without a concurrent property sales transaction? Or must the usufruct be registered at the same time as a clear chanote title transfer? Thanks, Edited August 7, 2011 by bbradsby Link to comment Share on other sites More sharing options...
stgrhe Posted August 8, 2011 Share Posted August 8, 2011 OK, can a usufruct be added to a property as a stand-alone legal process, subsequent to the purchase, i.e., without a concurrent property sales transaction? Or must the usufruct be registered at the same time as a clear chanote title transfer? Thanks, It can be registered any time but presumes the land owner's consent. Link to comment Share on other sites More sharing options...
bbradsby Posted August 8, 2011 Share Posted August 8, 2011 Thanks! By signing the doc, the spouse is thereby consenting, no? Link to comment Share on other sites More sharing options...
thaiwanderer Posted August 9, 2011 Share Posted August 9, 2011 Thanks! By signing the doc, the spouse is thereby consenting, no? consenting perhaps but not really a great proof or protection will of course need to register it and better to have a detailed and case specific usufruct contract drawn up Link to comment Share on other sites More sharing options...
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