haveaniceday Posted January 15, 2012 Share Posted January 15, 2012 I read that doing a 30year lease form your wife is null and void in the case of a divorce. What about a loan on the back of the chanote, from you to your wife? I recently had some beers with a chap, who got "totally shafted", his now "ex wife" sold their place after a break up but before the divorce and then had no money from the sale. I was just thinking, that sure it doesn't solve to much, but if worse came to worse, at least there would be something there for the divorce courts to break up and make it difficult to have a swifty pulled under you. Any thoughts? Link to comment Share on other sites More sharing options...
thaiwanderer Posted January 15, 2012 Share Posted January 15, 2012 It is not a lease per se that is avoidable it is any agreement, so a mortgage between husband and wife would not help. 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. You also need to consider the distinction (and friction between) sin suan tua and sin somros. Perhaps more fundamentally you may wish to consider the consequences of marriage. 1 Link to comment Share on other sites More sharing options...
haveaniceday Posted January 16, 2012 Author Share Posted January 16, 2012 (edited) You also need to consider the distinction (and friction between) sin suan tua and sin somros No I am wondering, what the heck does that traslate to??? Perhaps more fundamentally you may wish to consider the consequences of marriage. I do agree, I am just trying to put the odds on my side of not being 100% shafted like a friend recently, trying to be pro active, since I screwed up not being so before marriage, I wish I had set up a company for so many reasons. But that is the past. What if a forign relitive of mine was named on the back of the chanote relative as issuing the loan ? Can easily be arranged. Edited January 16, 2012 by haveaniceday Link to comment Share on other sites More sharing options...
ballbreaker Posted January 16, 2012 Share Posted January 16, 2012 Both parties are responsible for any debt incurred during marriage so a loan might not be a good option. A usufruct on property naming your relative might be an option. One reason I bought a condo in my name was to prevent such concerns. Link to comment Share on other sites More sharing options...
thaiwanderer Posted January 16, 2012 Share Posted January 16, 2012 (edited) Sin somros = community / marital property Sin suan tua = separate / personal property Even if you could hold a mortgage on her land, in the event of a divorce arguably she is then entitled to half (i.e. not obliged to repay half) or worse. A trusted friend / family member could be the mortgagor or an offshore company controlled by you. Alternatively you could just treat the land as her divorce settlement and protect your other assets in jurisdictions more friendly to you. Edited January 16, 2012 by thaiwanderer Link to comment Share on other sites More sharing options...
haveaniceday Posted January 16, 2012 Author Share Posted January 16, 2012 Does anyone know if you can have 0% or a tiny % interest on a potential loan form a trusted friend or relative? Link to comment Share on other sites More sharing options...
katabeachbum Posted January 17, 2012 Share Posted January 17, 2012 Does anyone know if you can have 0% or a tiny % interest on a potential loan form a trusted friend or relative? yes you can registering the loan fee is 1% of loan amount which should be todays value of property. then I would agree max interest by law, today I believe its 15% pa. as interest is not paid, its not liabel to income tax, but loans balance increase with 15% pa. keeps up with inflatin, hopefully loan agreement should be a "loan document holder owns the loan" thing, so you can take over the loan after divorce until then sit tight on chanote, and check at landoffice every 3 months its not been applied for a replacement question is, why would she sign to borrow money today, she obviously already owns a clear chanote and married farang should not enter property "ownership" in TH, do it before getting married, if you must marry Link to comment Share on other sites More sharing options...
katabeachbum Posted January 17, 2012 Share Posted January 17, 2012 Sin somros = community / marital property Sin suan tua = separate / personal property Even if you could hold a mortgage on her land, in the event of a divorce arguably she is then entitled to half (i.e. not obliged to repay half) or worse. A trusted friend / family member could be the mortgagor or an offshore company controlled by you. Alternatively you could just treat the land as her divorce settlement and protect your other assets in jurisdictions more friendly to you. assuming it is her land, Sin Suan Tua, she can take out a loan and be single responsibel for it Link to comment Share on other sites More sharing options...
thaiwanderer Posted January 17, 2012 Share Posted January 17, 2012 Sin somros = community / marital property Sin suan tua = separate / personal property Even if you could hold a mortgage on her land, in the event of a divorce arguably she is then entitled to half (i.e. not obliged to repay half) or worse. A trusted friend / family member could be the mortgagor or an offshore company controlled by you. Alternatively you could just treat the land as her divorce settlement and protect your other assets in jurisdictions more friendly to you. assuming it is her land, Sin Suan Tua, she can take out a loan and be single responsibel for it But the charge on the property would have been aquired during the marriage. Link to comment Share on other sites More sharing options...
thaiwanderer Posted January 17, 2012 Share Posted January 17, 2012 until then sit tight on chanote, and check at landoffice every 3 months its not been applied for a replacement No protection. Link to comment Share on other sites More sharing options...
katabeachbum Posted January 17, 2012 Share Posted January 17, 2012 until then sit tight on chanote, and check at landoffice every 3 months its not been applied for a replacement No protection. agreed, but a warning hey wify I want to buy you a palace, this present shack is not worthy you, I just need to transfer this one first, here is a photo of your new house, lets go to landoffice and transfer this old shack tomorrow, then I send money from farang tree and we buy the new one in your name. The Thai way Link to comment Share on other sites More sharing options...
katabeachbum Posted January 17, 2012 Share Posted January 17, 2012 Sin somros = community / marital property Sin suan tua = separate / personal property Even if you could hold a mortgage on her land, in the event of a divorce arguably she is then entitled to half (i.e. not obliged to repay half) or worse. A trusted friend / family member could be the mortgagor or an offshore company controlled by you. Alternatively you could just treat the land as her divorce settlement and protect your other assets in jurisdictions more friendly to you. assuming it is her land, Sin Suan Tua, she can take out a loan and be single responsibel for it But the charge on the property would have been aquired during the marriage. which the husband knows nothing about as its her property, not Sin Somros Link to comment Share on other sites More sharing options...
thaiwanderer Posted January 17, 2012 Share Posted January 17, 2012 Sin somros = community / marital property Sin suan tua = separate / personal property Even if you could hold a mortgage on her land, in the event of a divorce arguably she is then entitled to half (i.e. not obliged to repay half) or worse. A trusted friend / family member could be the mortgagor or an offshore company controlled by you. Alternatively you could just treat the land as her divorce settlement and protect your other assets in jurisdictions more friendly to you. assuming it is her land, Sin Suan Tua, she can take out a loan and be single responsibel for it But the charge on the property would have been aquired during the marriage. which the husband knows nothing about as its her property, not Sin Somros Here, the husband grants the mortgage - I know some are a little vacant but assume they'd be aware! Link to comment Share on other sites More sharing options...
katabeachbum Posted January 17, 2012 Share Posted January 17, 2012 Here, the husband grants the mortgage - I know some are a little vacant but assume they'd be aware! husband does not grant any morgage, topic passed this issue in early posts, even if succeeded registered at land office, which I doubt any land office would accept, it would not be a valid agreement another individual or company grants the loan without husbands knowledge as its her Sin Suan Tua. Only after divorce does husband realise property has been used as collateral for her loan Link to comment Share on other sites More sharing options...
thaiwanderer Posted January 17, 2012 Share Posted January 17, 2012 Here, the husband grants the mortgage - I know some are a little vacant but assume they'd be aware! husband does not grant any morgage, topic passed this issue in early posts, did it? even if succeeded registered at land office, which I doubt any land office would accept, it would not be a valid agreement as already stated another individual or company grants the loan without husbands knowledge as its her Sin Suan Tua. Only after divorce does husband realise property has been used as collateral for her loan still not entirely safe CCC 1490, 1488 Link to comment Share on other sites More sharing options...
katabeachbum Posted January 17, 2012 Share Posted January 17, 2012 Here, the husband grants the mortgage - I know some are a little vacant but assume they'd be aware! husband does not grant any morgage, topic passed this issue in early posts, did it? even if succeeded registered at land office, which I doubt any land office would accept, it would not be a valid agreement as already stated another individual or company grants the loan without husbands knowledge as its her Sin Suan Tua. Only after divorce does husband realise property has been used as collateral for her loan still not entirely safe CCC 1490, 1488 presently,assuming property is her Sin Suan Tua, husband owns sero of it. Nill nothing above is hell of a lot safer, but agreed not entirely an entirely safe solution needs to be arranged prior to marriage, bit late for OP, thus my suggestions how to improve safety at this point Link to comment Share on other sites More sharing options...
thaiwanderer Posted January 17, 2012 Share Posted January 17, 2012 Given OP's apparent situation and aims and the marriage potentially weakening any structure and hinting strongly at nominee ownership if not at arm's length his wish to have mortgage (the thread subject) control can be achieved with an offshore company. Given he will be living there the ideal situation would be for her not to be the landowner at all,. Link to comment Share on other sites More sharing options...
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