Usufruct Query

[saorsa]

I have bought some land which is in my wife's name. I know that any agreement made between a married couple will be void upon divorce, so I would like to get a usufruct in my sister's name. Does anyone know if my sister will actually need to be here to register the usufruct and what we need to do to set this up?

[ballbreaker]

Don't know what the law actually says but land office required wife and myself to be present. They queried wife to insure she understood what she was giving up and me to insure I understood what I was obtaining. We then signed documents in their presence.

[saorsa]

Don't know what the law actually says but land office required wife and myself to be present. They queried wife to insure she understood what she was giving up and me to insure I understood what I was obtaining. We then signed documents in their presence.

Ok, but as I am married, that agreement would be void on divorce, so no real point in getting a usufruct between myself and the mrs. If both parties must be present, I guess I need to sort out my sister with another holiday to Thailand

[ballbreaker]

OP have you thought about getting a right of superficies in your favor for the house you will build. Its my understanding that under Thai law it legally creates separate ownership. Properly written up you would be protected without needing a usufruct.

[saorsa]

OP have you thought about getting a right of superficies in your favor for the house you will build. Its my understanding that under Thai law it legally creates separate ownership. Properly written up you would be protected without needing a usufruct.

Don't know about that one, but I will check it out.

[Khun Jean]

I would get the usufruct on your name and include your sister as another benificiary.

When a contract between spouses contain a third party the contract cannot be dissolved becuase it wil break the rights from the third party.

You never know, maybe you get into a disagreement with your sister later?

[Khun Jean]

OP have you thought about getting a right of superficies in your favor for the house you will build. Its my understanding that under Thai law it legally creates separate ownership. Properly written up you would be protected without needing a usufruct.

It is equally useless when married. Remember ANY contract between spouses can be dissolved. A superficies is not above that.

You can use it to create another right for the building and upon divorce can claim 50% of the buildings worth. That will give some protection.

A usufruct will give rights to the land (only usefull with a third party included when the owner is your spouse)

Another way to get ownership of the building is by using the funds you had before you were married, if you use that it will 100% yours. You would need to prove that the funds were already yours before marriage, a prenuptial is not necessary but can be helpfull (In Thailand a prenuptial is 'build-in' when you marry).

[electau]

Usufruct.

http://www.thailand-lawyer.com/usufruct.html