House Buying

[Negita43]

Ok here is one for all you experts!

I and my girlfriend want to buy a house she will pay half and so will I

My understanding is that I can own a house but NOT the land on which it stands (ie I can lease the house say from a Thia owner for up to thirty years).

The only problem is this - my girlfriend is married to a Thai - (he left her for another woman but refuses to divorce her and she is somewhat afraid to divorce him because he threatens her).

So if I buy a house with her I need to find a way that if in the unlikely event she dies before me - she is 18 years younger than me (but then again my first English wife was 10 years younger than me and sadly she died first) her husband doesn't get possesion of the house or indeed can throw me out of a property I have paid half for.

We have looked at forming a company between 3 people (2 Thai) and me and my girlfriend only having a 2% shareholding but this is proving extremely slow and difficult (according to our solicitor they have recently tightened up the controls in this area) and the purchase of the house is imminent.

Any CONSTRUCTIVE ideas or experience of a similar situation and any ideas about how watertight Thai leases are if we go the route of her buying and me buying a 30 year lease to occupy from her.

[LennyW]

You may find the answers in this thread, post #12 is interesting......

[mrbojangles]

Off topic posts removed. Please stick to the question raised by the OP.

[Negita43]

lenny you say I might find #12 interesting in this thread BUT you haven't given me the thread

[LennyW]

lenny you say I might find #12 interesting in this thread BUT you haven't given me the thread

Oops, sorry, here it is........ http://www.thaivisa.com/forum/topic/547836-usufruct-is-it-possible-to-get-when-buying-house-and-then-transfer-ownership-to-the-wife/

[Negita43]

Hi Lenny thanks for your helpful pointer. If I can bother you one more time - what is a usufruct???

Mike

[LennyW]

Hi Lenny thanks for your helpful pointer. If I can bother you one more time - what is a usufruct???

Mike

In simple terms....

An Usufruct is granted by the Landowner (ie: your girfriend) to a person who wishes to use the land (ie: you) for a fixed period of time or for life.

Different from a lease in that it can be for life and does not attract taxes.

Simple standard paperwork at the land office for around 150 Baht and that is it.

All very simple, straight forward and secure, HOWEVER, as your girlfriend is already married i cannot say if it is entirely possible in your situation, maybe some of the more legally savvy posters could help on this?.

Do a search for "Usufruct" on this forum, loads of info, also please find attached a long winded explanation of what is essentially a very simple thing, and a copy of the land office document,

Usufruct agreements in Thailand.pdf

usufruct-contract.pdf

[ballbreaker]

A usufruct contract is a registered right to use, possess, management and occupy another man's real estate property for one's lifetime or a specified time period. A usufruct right exists for the term of the contract and at end of term property reverts to owner.

The usufruct must be recorded on the chanote at local land office to insure you are protected.

[PattayaPhom]

As posessions aquired after marriage are viewed as joint, in the event of your GF death her husband would become owner of the land. yes you may have a Usfruct in place but he could be very determined to get you out one way or another..lets face it, he wont even divorce yor GF, says volumes about the man

[Negita43]

Thanks to Lenny and Ballbreaker for your very helpful input

Mike

[dksharron]

You really need to have her get the divorce first, before you enter into any kind of legal arrangement / contract with her or before she acquires any assets.

She can sue for the divorce, and he will have to show in court.

If she is not / has not been living with him for a long time, then the court will grant the divorce, not immediately, but it will be granted.

Put off the house purchase until this is completed. If you have a deposit on it, then walk away from it.

Better to lose it than to lose the rest of the investment.

Other houses will become available over time.

If your gf simply has to have this house, then think about this for a while, and think about her wanting you to make an unsafe investment.

Best of luck.

[Negita43]

Thanks Dksharron for your perfectly sound and logical advice.

If only life were that logical!!

Mike

[soi41]

As posessions aquired after marriage are viewed as joint, in the event of your GF death her husband would become owner of the land. yes you may have a Usfruct in place but he could be very determined to get you out one way or another..lets face it, he wont even divorce yor GF, says volumes about the man

Or the husband might be "smart" enough to wait to accept the divorce until you have bought the house in his wifes name. The house will then be considered a joint asset between him and your GF, meaning you will have to cash him out with 50% of the land and house value. I doubt very much a usufruct signed only by your GF, will be legally valid without cosignigning. So listen to the posters above, don't commit yourself to anything before your GF has got herself a proper divorce. Thailand is a big country, you don't have to live next door to the ex. (GF beeing afraid to divorce him)