Ownership

[Smokemachine]

My wife is a Thai and I am migrating over to Thailand soon. I heard foreigner not allow to have land title,car,etc under their name. Only the Thai spouse allow. I am wondering incase (touch wood) my Thai wife has any mishap and how will those properties under my wife name be settle? Can I own them? I'm worry I am not entitle to any of it.does anyone know such situation?

[brit1984]

What kind of "mishap" are you expecting your wife to have?

This topic is very well covered on this site and the basic conclusion is that it is very difficult for a foreigner to own property in Thailand

[robblok]

You can own a car, just not a house. The wife could have an accident so better have a will drawn up. You can inherit a house but you will have to sell it in 1 year. But your wife will have to make a will.

[necronx99]

As stated, you can own everything but the land.

There are several options to protecting yourself should your wife pass before you. A lot depends on your particular circumstance, age and expectations.

Basically, obtain a lease or an usufract over the land in your name. This will guarantee your rights to the land regardless of who ends up owning it. have your wife will the land to you, you will have one year to sell it.

You will most likely sell it to a thai child of yours, or relatives of your wife. Do not trust them, get the lease or usufract.

[Smokemachine]

I need to know first. I'm migrating over and my asset is coming over as well ,most of the stuff is under my wife name. So need to be sure.i don't want to be penniless

[samran]

Well, you've been told already.

You can own everything except land.

You can own a car.

You can own a condo.

You can own the house which sits on the land. Very common to have separate titles.

No need to put everything into your wife's name. No need at all.

[TommoPhysicist]

You can own the land for one year, if your wife dies and wills it to you.

But the chance of her doing either are very small.

Easier to rent the property, rental is cheap.

Edited April 3, 2012 by TommoPhysicist

[lovelomsak]

There are no quarantees in life. You pay your dime and take your chances. All depends on the relationship with the wife. Guys end up penniless all over the world after a wife has taken them to the cleaners. My advice is protect your cash and cash flow. Keep as much money invested in the country you are from.Decide on a monthly budget from your income or spend all your income up to you. But definitely keep enough assets and cash so if things so bad you have a comfortable parachute if you have to jump.

[Kwasaki]

I need to know first. I'm migrating over and my asset is coming over as well ,most of the stuff is under my wife name. So need to be sure.i don't want to be penniless

As said, Well, you've been told already.

If your marriage is registered as legal in Thailand you have some rights if things go pear shaped, that aside, a guy from Holland living in my village was concerned about the same thing I think you are, so he got a 30 year lease.

As for the Thai family you can always make them an offer they cannot refuse.

Edited April 3, 2012 by Kwasaki

[brit1984]

In my opinion, the most effective and fairest way to protect yourself is to split your assets 50:50 between your home country (in your name) and Thailand (in your wife's name).

[scorecard]

There are no quarantees in life. You pay your dime and take your chances. All depends on the relationship with the wife. Guys end up penniless all over the world after a wife has taken them to the cleaners. My advice is protect your cash and cash flow. Keep as much money invested in the country you are from.Decide on a monthly budget from your income or spend all your income up to you. But definitely keep enough assets and cash so if things so bad you have a comfortable parachute if you have to jump.

And, there are many legal and inexpensive ways to limit the costs of a monthly 'living expenses' transfer from home country to a Thai bank account.

Example: Bangkok Bank (and other Thai banks) have many overseas branches. In many countries you can do a monthly transfer within your country to the 'local' Bangkok Bank branch and theh withdraw the funds here in Thailand like a local Thai bank account. Many old threads on this subject.

Edited April 3, 2012 by scorecard

[Travel2003]

Interesting topic.

I know it has been discussed before (just as the dowry, etc), but was personally never an issue then.

So, if married, and have a house and land in wife's name, but she has no Will (inheriting) drawn up.

If God forbid she pass before husband.

Who get's what?

House, land, car, furniture, jewelry, etc, etc.

And, please someone explain the renting issue. How to rent from ones (deceased) wife?

I appologize if I seem stupid here, but I never really thought about it, until OP (thank you) asked about this.

[aussiebebe]

Interesting topic.

I know it has been discussed before (just as the dowry, etc), but was personally never an issue then.

So, if married, and have a house and land in wife's name, but she has no Will (inheriting) drawn up.

If God forbid she pass before husband.

Who get's what?

House, land, car, furniture, jewelry, etc, etc.

If the Thai spouse dies intestate, then the property will passed according to the probate procedure of intestate succession. There is an order to this, probably kids or grandchildren first, then parents, siblings, grandparents etc. 'Spouse' isn't on the list but even if it were, it would probably be below 'family pets'. I'm sure it's happened that a spouse gets thrown out the house that they paid for.

[TommoPhysicist]

50% for the spouse (assuming wedding registered at Amphur office), and the rest divided between kids and parents, can't remember the formula. Best to get her to register a will at Amphur office leaving all to you (before she dies).

Edited April 3, 2012 by TommoPhysicist

[soi41]

aussiebebe. Why post an answer on a topic, where you clearly know nothing ? As TommoP correctly stated the spouse gets 50%.

[JeffreyMcCollum]

you can own land up to 1 rai for a home if you transfer 30M Baht over

End of story

[Beetlejuice]

I need to know first. I'm migrating over and my asset is coming over as well ,most of the stuff is under my wife name. So need to be sure.i don't want to be penniless

Being upfront and frank with you, if you are placing assets solely in your wife’s name, than there is virtually very little you can do in obtaining some security for yourself in Thailand.

There are certain methods that can be applied to cover yourself but of course I have no idea of your situation so unable to give advice in detail.

Personally I wouldn’t do it or at least seek some professional advice first prior to committing your assets in Thailand.

Whatever you do, you do at your own discretion and risk.

[Travel2003]

Interesting topic.

I know it has been discussed before (just as the dowry, etc), but was personally never an issue then.

So, if married, and have a house and land in wife's name, but she has no Will (inheriting) drawn up.

If God forbid she pass before husband.

Who get's what?

House, land, car, furniture, jewelry, etc, etc.

If the Thai spouse dies intestate, then the property will passed according to the probate procedure of intestate succession. There is an order to this, probably kids or grandchildren first, then parents, siblings, grandparents etc. 'Spouse' isn't on the list but even if it were, it would probably be below 'family pets'. I'm sure it's happened that a spouse gets thrown out the house that they paid for.

So which is it? Joke or not?

Seems like another member here thinks you do not know it.

[Kwasaki]

As stated, you can own everything but the land.

There are several options to protecting yourself should your wife pass before you. A lot depends on your particular circumstance, age and expectations.

Basically, obtain a lease or an usufract over the land in your name. This will guarantee your rights to the land regardless of who ends up owning it. have your wife will the land to you, you will have one year to sell it.

You will most likely sell it to a thai child of yours, or relatives of your wife. Do not trust them, get the lease or usufract.

This is a bit of an eye opener for me so :-

" A lot depends on your particular circumstance, age and expectations."

If you wouldn't mind, could you please elaborate on this because I thought l had got to a reasonable point of understanding my situation, and then something like this comes up.

" Basically, obtain a lease or an usufract over the land in your name. This will guarantee your rights to the land regardless of who ends up owning it. ? - have your wife will the land to you, you will have one year to sell it. ? "

Apologizes but is this two separate conditions, you have a lease so you would not have to sell it yes/no. ?

" You will most likely sell it to a thai child of yours, or relatives of your wife." It would be for ' Haa bht ' then.

[Kwasaki]

50% for the spouse (assuming wedding registered at Amphur office), and the rest divided between kids and parents, can't remember the formula. Best to get her to register a will at Amphur office leaving all to you (before she dies).

This is what I thought that all was needed to be done but refering to a previous post, does it still mean you have to sell it.

[scorpio]

I built a house in isaan its in my wifes name and i will never sell it. I have a house in pattaya in my wifes name. All my money in bank in pattaya is in my wifes name. That was all done while things were going well, now things are going pear shaped but im playing her along untill we get back to thailand then i will be making infustruct/lease etc plus getting my name on bank account.

Do not do what i have done. !!!!!!! YOU HAVE BEEN WARNED!!!!!

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[scorpio]

Can someone please post a basic reply here also about the whats involved in wife making a will.

(1) How much is the cost for thai wife to make a will

(2) how much is the cost for infustruct

(3) does a lawyer have to be present and what is going rate to pay lawyer

Thanks

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[TommoPhysicist]

" Basically, obtain a lease or an usufract over the land in your name. This will guarantee your rights to the land regardless of who ends up owning it. ? - have your wife will the land to you, you will have one year to sell it. ? "

Apologizes but is this two separate conditions, you have a lease so you would not have to sell it yes/no. ?

You can't make any binding contract with your wife, this is Thai law used to protect the divorce laws from unscrupulous husbands.

So any contract you make after your marriage can be revoked by your wife on divorce, or within one year of divorce.

Money in a marriage is divided into three types your personal assets, her personal assets, joint assets.

Anything that is purchased after you are married, in either persons name, is likely to be considered joint assets by a judge UNLESS YOU CAN PROVE DIFFERENT.

For example a man uses his personal money to buy a car in his name after marriage. The man should get a letter from his wife stating the car was purchased with his money, signed by husband and wife, then notarized. This would be accepted as proof the the car was not a joint asset.

When buying land, the land office will ask the foreign husband to sign a document stating it is her money used in the purchase, a judge will accept this as proof that it is her property and not a joint asset.

Conditional gifts may be the way forward in this mess, document signed by husband and wife then notarized, stating the husband has given his wife 2M bht as a gift to buy a house on the understanding that they remain married and living as husband and wife for the next 20 years, with him having the right to live in that house. In the event of a divorce or separation before that time, she must return the gift.

Thailand does accept the concept of 'conditional gifts' from a husbands private property to a wife.

Remember in Thailand on divorce, a judge will consider everything acquired during marriage to be joint assets, and to be divided 50/50 unless one person can prove different.

Sorry to point out to Scorpio, if you were married in the Amphur office, you cannot make a legal and valid lease/ursafunct with your wife, too late, she can cancel it on divorce.

Edited April 4, 2012 by TommoPhysicist

[Crushdepth]

If you are worried about it, don't buy, rent. Or get a condo.

[necronx99]

As stated, you can own everything but the land.

There are several options to protecting yourself should your wife pass before you. A lot depends on your particular circumstance, age and expectations.

Basically, obtain a lease or an usufract over the land in your name. This will guarantee your rights to the land regardless of who ends up owning it. have your wife will the land to you, you will have one year to sell it.

You will most likely sell it to a thai child of yours, or relatives of your wife. Do not trust them, get the lease or usufract.

This is a bit of an eye opener for me so :-

" A lot depends on your particular circumstance, age and expectations."

If you wouldn't mind, could you please elaborate on this because I thought l had got to a reasonable point of understanding my situation, and then something like this comes up.

" Basically, obtain a lease or an usufract over the land in your name. This will guarantee your rights to the land regardless of who ends up owning it. ? - have your wife will the land to you, you will have one year to sell it. ? "

Apologizes but is this two separate conditions, you have a lease so you would not have to sell it yes/no. ?

" You will most likely sell it to a thai child of yours, or relatives of your wife." It would be for ' Haa bht ' then.

1. Age and expectations

If you are 70, then a 30 year lease will do you yes? If you are 20 and childless then you need to consider more outcomes.

2. If your wife dies then the land has to go to someone, if it goes to you the one year clock starts where you can dispose of it with some control. i.e to the relative of your wife least likely to try to screw you over with the right conditions in place (lease , usufract etc if not already in place.)

If you have a child then selling it to the child may be the best idea, but you are giving yourself a year to make that decision, and again can do it with control.

If your wife passes you may decide to sell up and move? If it is directly willed to a child or relative you lose that option.

Edited April 4, 2012 by necronx99

[TommoPhysicist]

2. If your wife dies then the land has to go to someone, if it goes to you the one year clock starts where you can dispose of it with some control. i.e to the relative of your wife least likely to try to screw you over with the right conditions in place (lease , usufract etc if not already in place.)

Just to point out, the one year time period is rarely enforced, often not noticed at all by the land office, and when/if they do notice (for example even after you owned it for 4 years) they send a letter telling you to dispose of the land withing a fairly generous time frame.

[Kwasaki]

Can someone please post a basic reply here also about the whats involved in wife making a will.

(1) How much is the cost for thai wife to make a will

(2) how much is the cost for infustruct

(3) does a lawyer have to be present and what is going rate to pay lawyer

Thanks

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Might help sorry to hear of your plight.

Could be a problem with no prenuptial agreement.

http://www.thailandlawonline.com/thai-contracts/contract-service-rent-and-lease-agreement.html

http://www.thailandlawonline.com/legal-knowledge/thai-legal-knowledge-usufruct-in-thailand.html

[Kwasaki]

2. If your wife dies then the land has to go to someone, if it goes to you the one year clock starts where you can dispose of it with some control. i.e to the relative of your wife least likely to try to screw you over with the right conditions in place (lease , usufract etc if not already in place.)

Just to point out, the one year time period is rarely enforced, often not noticed at all by the land office, and when/if they do notice (for example even after you owned it for 4 years) they send a letter telling you to dispose of the land withing a fairly generous time frame.

Thanks to both of you for your replies, much obliged.

[letitbe]

its easy my wifes will leaves house to our 2 children and gives be a ultrafact or whatever it is for life. Im also trustee for my wifes will so until our children reach 20 control their money and assets. If your really concerned just buy a small house and put rest into stuff you can own like stocks condos or do as we do more thna half our assets are in joint names in UK USA Hong Kong and Singapore and property here goes to our children.

[bendix]

you can own land up to 1 rai for a home if you transfer 30M Baht over

End of story

Not the end of the story at all. It's 40m and it can't just be transferred over. It has to be invested in a very strictly defined set of assets and even then it is still subject to the discretion of the government minister to grant you the right to own land.