House If Wife Should Die

[Jim_E]

Not to be morbid or anything, but if I am farang and prohibited from owning a house in LOS... house would be owned by Thai wife. If she were to die, what would I have to do?

I am assuming that I inherit her property on her death. Would I be forced to sell the house to someone else who could rent it back to me if I wanted to continue living there?

[dr_Pat_Pong]

Not to be morbid or anything, but if I am farang and prohibited from owning a house in LOS... house would be owned by Thai wife.  If she were to die, what would I have to do? 

I am assuming that I inherit her property on her death.  Would I be forced to sell the house to someone else who could rent it back to me if I wanted to continue living there?

<{POST_SNAPBACK}>

You cannot inherit a house as a foreigner. Get a 30 year lease from her instead.

[dutch]

Most should think about this very careful.

It just happen to be that my wife died suddenly, about 6 weeks ago.

At this moment it is still too emotional for me but I will sure come back with my experiences about this matter.

( I can tell you that there are some surprises that many of you are not aware of!!)

You can find your info in :

The civil and commercial code books I-VI

Book VI succession

title I;general provisions

titleII;statutory right of inheritance

titleIII;wills

[dr_Pat_Pong]

So sorry to hear that Dutch. Condolences. Will you stay on ?

[dutch]

Thanks.'Yes I will stay in Thailand and with TV

Please delet "Bluesky"

[dr_Pat_Pong]

Thanks.'Yes I will stay in Thailand and with TV

Please delet "Bluesky"

<{POST_SNAPBACK}>

Bluesky ?

[dutch]

My wife's nickname.I don't know the password

[dr_Pat_Pong]

It'll be done friend. Take care.

[dr_Pat_Pong]

It has gone Dutch.

[easy_jim]

I read once that you can inherit a house from your wife but you can only keep it for a short period of time. The law exists only with the intention of giving you time to sell the property. Your wife needs to have written a will and registered it with the local Thai authorities.

Sorry my info is a bit vague. I can't remember where I saw this but it is worth checking with a lawyer.

[Noel]

So sorry to hear that Dutch.  Condolences. 

<{POST_SNAPBACK}>

Sentiments sincerely echoed.

[Thetyim]

Sorry to hear your news Dutch.

To help answer the OP.

The wife of a farang friend died a while back and the land went to the wife's sister. She is currently throwing him out of the house.

He is 74 years old and he built the house.

[Thaipwriter]

Not to be morbid or anything, but if I am farang and prohibited from owning a house in LOS... house would be owned by Thai wife.  If she were to die, what would I have to do? 

I am assuming that I inherit her property on her death.  Would I be forced to sell the house to someone else who could rent it back to me if I wanted to continue living there?

I think that the house would become your property for 1 year. during that one year you will have to find a Thai buyer. If it is not sold the ownership is tranferred to her next of kin.

please consult a lawyer to get this info clarified.

Very sorry to read about your loss. Accept all TV members condolances

[Thaipwriter]

Found it!

This is copied from an earlier Sumitr Man post.....

SECTION 93 OF THE LAND CODE

"The Minister shall permit the inheritance of land by an ALIEN who is the LAWFUL heir, but such acquisition, when added to that which is already held, my not exceed the amount which may be held under SECTION 87."

SECTION 87 OF THE LAND CODE

For residential purposes, an ALIEN may own 1 Rai.

In the event that you do NOT get the Minister's approval under SECTION 93, SECTION 94 comes into play.

SECTION 94 OF THE LAND CODE

"All land which an ALIEN has acquired unlawfully or without permission shall be disposed of by such ALIEN within the time limit prescribed by the Director-General, which shall not be less than 180 days, nor more than 1 year.

If the land is not disposed of within the time prescribed, the Director-General shall have the power to dispose of it."

Hope this helps.

SM

[wolfman jack]

The Civil and Commercial Code lists inheritance as follows

1. Descendants

2. Parents

3. Brothersand sisters of full blood

4. Brothersand sisters of half blood

5. grandfathers and grandmothers

6. Aunts and Uncles

Each rank takes precedent over the next except for parents who share equally with the children. Later on it says that a spouse shares equally with the children. I am not sure why they did not list the children, spouse and parents all on the same line as #1 instead of putting the parents as rank # 2.

[GuestHouse]

Dutch,

Please accept my condolences on your loss.

With regards to inheritance and wills, I have a Farang friend who's wife recently died. Her will stipulated that on her death their son should inherit but with the provision that her husband shall have the right to live in the house until for the rest of his own life without rent.

This will stood up in court and the court also made the farang father the 'manager' of the house and land until the son came of age.

The wife's family contested the will and contested the ruling regarding the management, the will and first ruling where upheld in a second court.

-------------------

A very common risk is the marriage in which a Thai child from an earlier marriage/union is part of the family. In this instance, and particularly if the child is son, the child may inherit and at that point the child's other parent will come crawling out of the woodwork.

--------------------

My wife and I have elected to take the will route, but we did also spend a lot of money on BKK Law Firm legal fees.

I'm not at all sure that you can actually lease of your wife.

[meom]

The civil and commercial code books I-VI

Book VI succession

title I;general provisions

titleII;statutory right of inheritance

titleIII;wills

Does anybody have a link to the online english translation of these books?

Thanks.

[britmaveric]

Dutch Sorry to hear that mate!

[dutch]

I have the complete book.

Left side Thai language-right side English language.

Section 93 of the landcode sounds interesting to me.

I will pull some strings next friday when some of my Thai froends from Indonesia will arrive at my home. (they should actually pull the strings )

Thanks everybody for condolences

[ThaiPauly]

Dutch  Sorry to hear that mate!

<{POST_SNAPBACK}>

I would like to echo what Brit said, sorry for your loss Dutch

TP

[JimGant]

The wife of a farang friend died a while back and the land went to the wife's sister. She is currently throwing him out of the house.

Did he have a recorded 30-year lease on the land? If so, I'm confused.....

I've wondered about the difference between land and house ownership. I have a 30-year lease on the land upon which our house is built. This is all nicely recorded at the land office. But I don't have anything saying I own the house, even tho I've been told I *can* own it (but I never thought much about why that might be necessary). I'm not even sure what piece of paper the wife has, and recorded with whom, stipulating ownership of the house (?).

The wife's will says everything that can go to me, will go to me (the current exception, again, is land). So, however the house and related structures are recorded, they should legally be able to go to me without her relatives getting too rambunctious. Right?

So, question is: Shouldn't a 30 year land lease wrap around the house on which it is built? Or should I possibly be looking into recording the house in my name as we speak?

[Thaipwriter]

The wife of a farang friend died a while back and the land went to the wife's sister. She is currently throwing him out of the house.

Did he have a recorded 30-year lease on the land? If so, I'm confused.....

I've wondered about the difference between land and house ownership. I have a 30-year lease on the land upon which our house is built. This is all nicely recorded at the land office. But I don't have anything saying I own the house, even tho I've been told I *can* own it (but I never thought much about why that might be necessary). I'm not even sure what piece of paper the wife has, and recorded with whom, stipulating ownership of the house (?).

The wife's will says everything that can go to me, will go to me (the current exception, again, is land). So, however the house and related structures are recorded, they should legally be able to go to me without her relatives getting too rambunctious. Right?

So, question is: Shouldn't a 30 year land lease wrap around the house on which it is built? Or should I possibly be looking into recording the house in my name as we speak?

In that case the land had been transferred to the sisters name so the old guy could carry on living there.....then she moves to throw him out.... Thetyim advised this...no lease was in place.a lease would cover the house and the land... yes.

yes, always record the house in your own name where possible, you wife should be in possession of a blue book 6x4 inches...."tabien baan" : house registration book, this will show the address of the property, the owner, and any other residents.

[Krub]

The wife of a farang friend died a while back and the land went to the wife's sister. She is currently throwing him out of the house.

Did he have a recorded 30-year lease on the land? If so, I'm confused.....

I've wondered about the difference between land and house ownership. I have a 30-year lease on the land upon which our house is built. This is all nicely recorded at the land office. But I don't have anything saying I own the house, even tho I've been told I *can* own it (but I never thought much about why that might be necessary). I'm not even sure what piece of paper the wife has, and recorded with whom, stipulating ownership of the house (?).

The wife's will says everything that can go to me, will go to me (the current exception, again, is land). So, however the house and related structures are recorded, they should legally be able to go to me without her relatives getting too rambunctious. Right?

So, question is: Shouldn't a 30 year land lease wrap around the house on which it is built? Or should I possibly be looking into recording the house in my name as we speak?

<{POST_SNAPBACK}>

In that case the land had been transferred to the sisters name so the old guy could carry on living there.....then she moves to throw him out.... Thetyim advised this...no lease was in place.a lease would cover the house and the land... yes.

yes, always record the house in your own name where possible, you wife should be in possession of a blue book 6x4 inches...."tabien baan" : house registration book, this will show the address of the property, the owner, and any other residents.

<{POST_SNAPBACK}>

Dutch, sincere condoleances.

Hi, Thaipwriter

Do you mean that the farang owner of the house can be registerred in the Tabien baan as 'owner' along with the partner's name who will then be 'resident' ?

Edited November 5, 2005 by Krub

[Dragonman]

The wife of a farang friend died a while back and the land went to the wife's sister. She is currently throwing him out of the house.

Did he have a recorded 30-year lease on the land? If so, I'm confused.....

I've wondered about the difference between land and house ownership. I have a 30-year lease on the land upon which our house is built. This is all nicely recorded at the land office. But I don't have anything saying I own the house, even tho I've been told I *can* own it (but I never thought much about why that might be necessary). I'm not even sure what piece of paper the wife has, and recorded with whom, stipulating ownership of the house (?).

The wife's will says everything that can go to me, will go to me (the current exception, again, is land). So, however the house and related structures are recorded, they should legally be able to go to me without her relatives getting too rambunctious. Right?

So, question is: Shouldn't a 30 year land lease wrap around the house on which it is built? Or should I possibly be looking into recording the house in my name as we speak?

<{POST_SNAPBACK}>

In that case the land had been transferred to the sisters name so the old guy could carry on living there.....then she moves to throw him out.... Thetyim advised this...no lease was in place.a lease would cover the house and the land... yes.

yes, always record the house in your own name where possible, you wife should be in possession of a blue book 6x4 inches...."tabien baan" : house registration book, this will show the address of the property, the owner, and any other residents.

<{POST_SNAPBACK}>

Dutch, sincere condoleances.

Hi, Thaipwriter

Do you mean that the farang owner of the house can be registerred in the Tabien baan as 'owner' along with the partner's name who will then be 'resident' ?

<{POST_SNAPBACK}>

This all seems to be getting mixed up between chanote and Tabien Baan

I have my missus' Tabien Baan in front of me and there is no mention of the owner, who is not my wife. It just says my wife's name and that of her parents.

My understanding is that aliens cannot be registered on the blue book but can have their name recorded at the local office. Not that it seems important as it doesn't mean much.

With regard to the lease question it is not simply a matter of the land lease wrapping around the house. Any lawyer should include wording such as " this lease relates to the land and all buildings contained thereon, shown in the attached map/plans ref.xxx". Check if it mentions the buildings!

Whilst you can own the house as personal property, I just can't understand why anyone would want to do it. If your marriage falls apart you will wake up surrounded by chickens, pigs, cows and whisky drinking thais singing Laos laments.( sounds like my mother in law's house ) With a lease you may actually be able to get rid of them through a Court.

[chatchy]

Not to be morbid or anything, but if I am farang and prohibited from owning a house in LOS... house would be owned by Thai wife.  If she were to die, what would I have to do? 

I am assuming that I inherit her property on her death.  Would I be forced to sell the house to someone else who could rent it back to me if I wanted to continue living there?

<{POST_SNAPBACK}>

Be careful. In Thai law, the land and the house are two seperate entities. Ownership of one does not mean ownership of the other. Be sure to understand this when looking up Thai law or talking to a lawyer.

When I checked about 15 years ago, anyone could own a house or building, but not anyone could own the land the building was on.

Just be sure to keep the two seperate in your discoveries.

[Firefan]

A foreigner can be owner in a YELLOW Tabien Bahn not the blue one being for Thais (or resident card holders) only.

As a foreigner can only legally OWN a condo (leaving the rare exeptions out for now) that is the only place I have heard of a foreigner in the tabien bahn (yellow). At least as owner.

In fact I have myself gone through the hassle of obtaining it for my own condo - do a search for tabien bahn here.

Cheers!

[mijan24]

Dutch, sincere condoleances. Dig deep life must go on.

This all seems to be getting mixed up between chanote and Tabien Baan

I have my missus' Tabien Baan in front of me and there is no mention of the owner, who is not my wife. It just says my wife's name and that of her parents.

My understanding is that aliens cannot be registered on the blue book but can have their name recorded at the local office. Not that it seems important as it doesn't mean much.

If your wife is in possession of the Tabien Baan and does not own the residence it must mean the rightful owner has given it to her for safe keeping.

The owners name must appear and I am sure if you went through it carefully you will find it - all other names appearing are for the sake of residential for identity purposes (ID card).

My wifes Tabien Baan contains several names of people who no longer live there, one is actually living two doors away when I asked about this it came down to some people rent houses but the landlord does not enter them on the Tabien Baan.

This all sounds very strange to us but the proof is in the pudding - remember at election time there was a holiday period for voters who needed to return to home provinces where their names are still on the Tabien Baan hence post their vote - this is also a factor used in "buying/selling votes" no probs as this is the Thai way it just puzzles me when they talk statistics.

Edited November 6, 2005 by mijan24

[JimGant]

then she moves to throw him out.... Thetyim advised this...no lease was in place.a lease would cover the house and the land... yes.

I guess I never saw where Thetyim said no lease was in place.......

My take is that with a lease on the land, and duly recorded, you're pretty much home free. Whatever you want to build on your leased land is yours. Sure, when the lease expires (hopefully, after *you* expire), whatever you have built on the land reverts to the lessor. By then, I won't care.

Anyway, I'm not hearing any reason to worry about getting thrown out of my house on my leased land.

Am I missing something?

[Heng]

Dutch, sincere condoleances. Dig deep life must go on.

This all seems to be getting mixed up between chanote and Tabien Baan

I have my missus' Tabien Baan in front of me and there is no mention of the owner, who is not my wife. It just says my wife's name and that of her parents.

My understanding is that aliens cannot be registered on the blue book but can have their name recorded at the local office. Not that it seems important as it doesn't mean much.

If your wife is in possession of the Tabien Baan and does not own the residence it must mean the rightful owner has given it to her for safe keeping.

The owners name must appear and I am sure if you went through it carefully you will find it - all other names appearing are for the sake of residential for identity purposes (ID card).

My wifes Tabien Baan contains several names of people who no longer live there, one is actually living two doors away when I asked about this it came down to some people rent houses but the landlord does not enter them on the Tabien Baan.

The owner's name does NOT have to appear in the 'tabien baan' (house registry). In fact you can only be "jao baan" (owner) or "luk baan" (resident) in ONE 'tabien baan.' It's merely an old system in place to find Thai citizens (each citizen must have an ID card and be listed in ONE tabien baan).... it's NOT a system designed to show ownership (being 'jao baan' on a house registry is more like being "captain" of the house... means nothing though if the captain doesn't also own the house according to the 'chanote'). You're definitely not allowed to be listed as living in several places at the same time. I have a dozen+ 'tabien baans' in my safe with no names on them all.

Ownership is shown with the owner's name on the 'chanote' (title/deed). Obviously, you can have your name on as many 'chanotes' as you want.

edit: spelling

Edited November 6, 2005 by Heng

[cathyy]

I read once that you can inherit a house from your wife but you can only keep it for a short period of time.  The law exists only with the intention of giving you time to sell the property.  Your wife needs to have written a will and registered it with the local Thai authorities.

Our lawyer told us we would get one year to sell our house if the person whose name is on the title to our house should die. We did the will leaving us the house at the same time as the house purchase. Oddly, our lawyer told us to not do a 30 year lease, as it would muddy the issue of who owns the house. He says we own the house, per the sales contract, and the person holding the title is merely doing so as our agent, per the contract. I'd hate to see it tested in court, though. Fortunately, we trust the friend holding the title in name completely, AND we have a unique ability to ensure her financial well-being in the future.

A friend whose Thai wife owns his house has something on the title that gives him life occupancy, even if she dies. Apparently that provision can only be made for an immediate family member, but can be made for a farang.