Buying A House - Thai Spouse

[reflectionx]

I suppose similar questions have been asked many times, but I could not find topic specifc enough to address my questions.

I am married to a Thai girl, and we currently live abroad. We are looking to buy a house in Thailand, the idea is to use it for about a year over the next 2 years, and then to lease it for about 10 years, after which I should be able to retire early and move to Thailand permanently.

My concern is regarding the ownership. We were given a form that we both have to sign to declare the money we use to buy the house come entirely from her side (which of course is a 100% lie). My concern is not for the near future (things are going pretty well for now), but only God knows what might happen in long term. My idea was to sign the 30 years lease, but I was also told that the land lease does not work in the case of marriage. I was also told that for her to do anything with the house, she would still need the signatures of both of us. As I said, I am more worried about what would happen in case we split in the future, divorce, etc.

I'd appreciate if someone can point me in the right direction and shed some light!

Thanks in advance

[jamescollister]

If you buy a house in your wife's name it is hers, you will have no control over what she does with it.

This you need the husbands signature only applies to Thais.

I am a slow typer, so will cut and paste.

THAI MARRIAGE LAWS specify that property belonging to either spouse before the marriage and khongman (section 1437) remains personal property during the marriage, and each spouse shall remain the sole manager of his or her personal property (Section 1473).

Section 1472: 'if personal property during the marriage has been exchanged for other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall remain personal property (Sin Suan Tua)'.

Personal property (Sin Suan Tua) under Thai marriage laws (section 1471) consists of:

1. property belonging to either spouse before marriage
   
2. property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse
   
3. property acquired by either spouse during marriage through a will or gift
   
4. Khongman.
   

Jointly owned matrimonial property

A marriage in Thailand creates jointly owned marital property (Sin Somros) between husband and wife. Property acquired during the course of the marriage (subject to the above section 1472) and 'fruits' of personal property during marriage will become jointly owned property between husband and wife.

Jointly owned property (section 1474) between husband and wife (Sin Somros) consists of:

1. property acquired during marriage;
   
2. property acquired by either spouse during marriage through a will of gift made in writing if it is declared by such will or document of gift to be Sin Somros;
   
3. fruits of Sin Suan Tua.
   

In case of doubt as to whether a property in Sin Somros or not shall be presumed to be Sin Somros.

Management over property during marriage;

A prenuptial contract made before the marriage in Thailand may grant sole management of certain jointly owned property to one of the spouses. Without a prenuptial agreement the properties specified in section 1476 must be managed jointly by the husband and wife.

Section 1476. 'In managing the Sin Somros in the following cases, the husband and wife have to be joint manager, or one spouse has to obtain consent from the other:

1. Selling, exchanging, sale with the right of redemption, letting out property on hire-purchase, mortgaging, releasing mortgage to mortgagor or transferring the right of mortgage on immovable property or on mortgageable movable property.

2. Creating or distinguishing the whole or a part of the servitude, right of habitation, right of superficies, usufruct or charge on immovable property.

3. Letting immovable property for more than three years.

4. Lending money

5. Making a gift unless it is a gift for charitable, social or moral purposes and is suitable to the family condition.

6. Making a compromise.

7. Submitting a dispute to arbitration.

8. Putting up the property as guarantee or security with a competent official or the Court.

The management of the Sin Somros in any case other than those provided in paragraph above can be made only by one spouse without having to obtain consent from the other'.

--

Management over real estate during marriage

The most important jointly managed asset between husband and wife in section 1476 is immovable property. However, in case of a foreigner married to a Thai national, land in Thailand (often land and house) will because of foreign ownership restrictions be owned by the Thai spouse as a personal property. It will not be a common property governed by section 1476 and the Thai spouse will be the sole manager of the property. The Thai spouse is able sell, mortgage or encumber the property without the consent of the foreign spouse.

Note that it is only the land aspect of the property that is restricted for foreign ownership, not the structures upon on the land. Structures on the land (the house) can be a jointly owned or even personal of the foreign spouse. Co-ownership or ownership by the foreign spouse over the building separate from the land restricts sole management by the Thai spouse. The Thai spouse would not be able to manage or sell the whole property without the consent of the foreign spouse (pursuant section 1476 'management of Sin Somros' above).

Section 1475: 'Where any Sin Somros is property of the kind mentioned in Section 456 (meaning immovable property) of this Code or has documentary title, either husband or wife may apply for having his or her name entered in the documents as co-owners'.

The most common method for the foreign spouse to protect his interest lies not in registration of ownership over the building but in registering a right of usufruct, or in case of undeveloped land a right of superficies over the land in favor of the foreign spouse.

Divorce and division

[givenall]

Just rent and buy when ready to come here it would be cheaper and also a better investment unlike West house prices do not go up here as they get old

sent from-would like to know

[thaiwanderer]

Land held by thai spuse not forming part of common property isn't a real problem since in the event of a divorce we'd presumably want the spouse to be well taken care of (and for practical purposes may as well throw in the house) - right?

Anyhow, for the OP the difficulty with involving the wife is the voidability of contracts between spouses which is a key problem for many of the approximations of power and control over land.

There are numerous threads on the various possibilities to start your reading before then paying for good legal advice before viewing property (dependent on how dear you hold the investment you'll then be making, and anyway to help you decide how much to stake) - search terms would include land, lease, usufruct, company structure and through that reading you'll find many more.

If you aren't happy with any of them you may wish to look into owning a condo.

[Khun Jean]

Do what i did, but still research all info about it!.

Buy the land/house in your wifes mothers name and get a usufruct.

I waited with the usufruct a few months (not really necessary but makes the transactions smoother) but then again i have a sweetheart of a mother in law and she can be trusted fully.

This will give you full right to use the house/land.

If your wife mothers dies the wife will inherit the land and because there is already a usufruct on it it can not be voided.

I have researched this to death and i can only come up with this scenario for a male married to a Thai wife.

You can not get much better then this.

I urge you to read everything on samuiforsale.com, it is one of only very few source beyond the raw texts for the law that states how it is.

Edited January 11, 2013 by Khun Jean

[thaigold]

Please see an attorney ... please. You say you married a girl, not a woman? You have been advised.

[Khun Jean]

Please see an attorney ... please. You say you married a girl, not a woman? You have been advised.

Lawyers do anything for money, can not be trusted as they have no liability and you have no recourse against them at all.

Of course there are good ones, but i still have to find one who does not after 5 minutes start spouting nonsense.

Had a few of those encounters, their answer, you better not buy in Thailand then when you not trust us. :)

So, Please don't see an attorney (lawyer) before you have the knowledge.

I am really serious. Do your own research!

[jamescollister]

Do what i did, but still research all info about it!.

Buy the land/house in your wifes mothers name and get a usufruct.

I waited with the usufruct a few months (not really necessary but makes the transactions smoother) but then again i have a sweetheart of a mother in law and she can be trusted fully.

This will give you full right to use the house/land.

If your wife mothers dies the wife will inherit the land and because there is already a usufruct on it it can not be voided.

I have researched this to death and i can only come up with this scenario for a male married to a Thai wife.

You can not get much better then this.

I urge you to read everything on samuiforsale.com, it is one of only very few source beyond the raw texts for the law that states how it is.

Tend to agree here, a 3 rd party can not be discriminated against in the deal if done in good faith.

Don't think it would hold up in a higher Thai court as it breaks some other laws, but the family would need to appeal to the higher courts [ money ] so if you have a good MIL go for it. or just have a wife that you trust. Jim

[reflectionx]

thank you all. one thing I forgot to mention is that we are expecting a baby. Would it make sense to buy the house under its name? If so, is it possible in Thailand to restrict the rigths of the child - i.e. not to be able to sell the house unless the parents agree and to reserve the right to live in the house until the parents are alive?

If not, the mother in law idea could also work. Wifey has a younger brother though, if her mother dies, can he claim half of the property?

[jamescollister]

thank you all. one thing I forgot to mention is that we are expecting a baby. Would it make sense to buy the house under its name? If so, is it possible in Thailand to restrict the rigths of the child - i.e. not to be able to sell the house unless the parents agree and to reserve the right to live in the house until the parents are alive?

If not, the mother in law idea could also work. Wifey has a younger brother though, if her mother dies, can he claim half of the property?

OP have drank a lot of beer at this time of night, so sorry for mistakes.

You can put land in the child's name and no one can touch until the kid is of age without a court order.

Who gets custody is up to the family court. No different than most western countries.

Have kids here, wife and if lucky would get my back back to walk away.

Your screwed Thailand or the west, just do what's best for the child. Jim

[BEVUP]

thank you all. one thing I forgot to mention is that we are expecting a baby. Would it make sense to buy the house under its name? If so, is it possible in Thailand to restrict the rigths of the child - i.e. not to be able to sell the house unless the parents agree and to reserve the right to live in the house until the parents are alive?

If not, the mother in law idea could also work. Wifey has a younger brother though, if her mother dies, can he claim half of the property?

OP have drank a lot of beer at this time of night, so sorry for mistakes.

You can put land in the child's name and no one can touch until the kid is of age without a court order.

Who gets custody is up to the family court. No different than most western countries.

Have kids here, wife and if lucky would get my back back to walk away.

Your screwed Thailand or the west, just do what's best for the child. Jim

Been looking into the child episode as well

Found out to date that there can be only one guardian / property has to be bought outright / & as mentioned needs to be put on back of title for not to sell or anything else / Everything needs court orders ( not know how good their system is )

[PattayaPhom]

Just rent and buy when ready to come here it would be cheaper and also a better investment unlike West house prices do not go up here as they get old

sent from-would like to know

Really, so houses 100 years ago were the same price? What tosh

[reflectionx]

Been looking into the child episode as well

Found out to date that there can be only one guardian / property has to be bought outright / & as mentioned needs to be put on back of title for not to sell or anything else / Everything needs court orders ( not know how good their system is )

There are two aspects I am concerned about with this approach:

1. Providing everything goes well between us, would be able to easily sell the house before the child turns 18, in case we decide to do so? Or we will have to go through court to get an order?

2. I know that things can get nasty even between close relatives when it comes to real estate, money, etc. I know that in some countries you can restrict the child from selling the property and can also "reserve" the right to live in the house even after they turn 18. Is it possoble to do this in Thailand?

[simple1]

Just rent and buy when ready to come here it would be cheaper and also a better investment unlike West house prices do not go up here as they get old

sent from-would like to know

You're sure? a foreigner in my Moo Baan bought a newly built house 7 years ago for 1.7m baht in a company name. Sold it last month to a Thai for 2.8m baht

[tingtongtourist]

Good to see this info from JCollister.We seem to see many opinion on this sute about this issue.

would be good to have this info written in Thai to present to each Thai lady who think your stupid, who say you can own 50/50.

The Op might could consider if it would be any difference if he did build the house himself..??

If you did build a house from start and keeping all documentations, receipt, contracts ect in your name only, then surely this must hold some gain that the building is paid by you and yours to control....but then somewhere i guess you will be made to sign something you dont know that will give her complete control

Then again another risk of building, the shoddy Thai tradesmen making shortcut and not providing the quality materials that they charge you for. also i guess every document that does come your way to sign will be in Thai.

I would like to ask the OP....in all documents you had to sign, both marriage and the other you mentioned, were transcribed in English?

Seems everything is to big risk here for farang, i agree with the other posters and say RENT

Even if your wife insist on a house then why not suggest to take a loan from Thailand, make out in her name. You can then pay off this loan of course easy,( as long as you are together) as interest rate on home loan in Thai is so very low..

Surely the Thai woman can not argue against this?

[reflectionx]

Good to see this info from JCollister.We seem to see many opinion on this sute about this issue.

would be good to have this info written in Thai to present to each Thai lady who think your stupid, who say you can own 50/50.

The Op might could consider if it would be any difference if he did build the house himself..??

If you did build a house from start and keeping all documentations, receipt, contracts ect in your name only, then surely this must hold some gain that the building is paid by you and yours to control....but then somewhere i guess you will be made to sign something you dont know that will give her complete control

Then again another risk of building, the shoddy Thai tradesmen making shortcut and not providing the quality materials that they charge you for. also i guess every document that does come your way to sign will be in Thai.

I would like to ask the OP....in all documents you had to sign, both marriage and the other you mentioned, were transcribed in English?

Seems everything is to big risk here for farang, i agree with the other posters and say RENT

Even if your wife insist on a house then why not suggest to take a loan from Thailand, make out in her name. You can then pay off this loan of course easy,( as long as you are together) as interest rate on home loan in Thai is so very low..

Surely the Thai woman can not argue against this?

I have not signed anything yet. We went to the LO and were given a booklet and a form (written in both Thai and English). The booklet states that any Thai who is married to an alien () must sign the form. Both spouses must declare that the money to purchase the property come from the Thai citizen. I am not eager to sign false statements, as the bank wire oculd be be easily traced.

My wife is not insisiting in buying a house; it's solely my idea. I've done some math, and think it's a good investment. As I said, I am not worred about the near future, but no one can predict how a relationship would change in the future.

[TommoPhysicist]

1. Providing everything goes well between us, would be able to easily sell the house before the child turns 18, in case we decide to do so? Or we will have to go through court to get an order?

It would be impossible to sell the property before the child was 20, at 20 they can sell, not you.

Court orders to sell a child's property are never issued. Once it's his, it's his.

But on purchase the house 'manager' is selected to be one of the parents by mutual consent, and that can't be changed except by the death of the named parent.

Edited January 12, 2013 by TommoPhysicist

[tingtongtourist]

Good to see this info from JCollister.We seem to see many opinion on this sute about this issue.

would be good to have this info written in Thai to present to each Thai lady who think your stupid, who say you can own 50/50.

The Op might could consider if it would be any difference if he did build the house himself..??

If you did build a house from start and keeping all documentations, receipt, contracts ect in your name only, then surely this must hold some gain that the building is paid by you and yours to control....but then somewhere i guess you will be made to sign something you dont know that will give her complete control

Then again another risk of building, the shoddy Thai tradesmen making shortcut and not providing the quality materials that they charge you for. also i guess every document that does come your way to sign will be in Thai.

I would like to ask the OP....in all documents you had to sign, both marriage and the other you mentioned, were transcribed in English?

Seems everything is to big risk here for farang, i agree with the other posters and say RENT

Even if your wife insist on a house then why not suggest to take a loan from Thailand, make out in her name. You can then pay off this loan of course easy,( as long as you are together) as interest rate on home loan in Thai is so very low..

Surely the Thai woman can not argue against this?

I have not signed anything yet. We went to the LO and were given a booklet and a form (written in both Thai and English). The booklet states that any Thai who is married to an alien () must sign the form. Both spouses must declare that the money to purchase the property come from the Thai citizen. I am not eager to sign false statements, as the bank wire oculd be be easily traced.

My wife is not insisiting in buying a house; it's solely my idea. I've done some math, and think it's a good investment. As I said, I am not worred about the near future, but no one can predict how a relationship would change in the future.

Only you can decide on the path you take but for me, this is really an insult to ones intelligence and a big one, for any Thai would believe that the money for the house did come from the Thai partner.

If any Thai official (or in fact any thai person) did actually believe that the Thai woman is paying for the house they would most surely pull the Thai person aside and tell them they are stupid for paying for a house for a farang to live in.

In a country that makes laws that foreigners cannot own property but at the same time make a provision that does openly encourage people to lie against that law, and therefor the same as entrapment but not enforced is beyond belief in this day and age.

Again i say to you, if any Thai person expect you to sign this paper and lie against your own face then you must tell them to take a loan on the property, in THEIR name and you will pay all dues on that loan while the marriage remains intact

edit: In your case reflection, you say your wife is not sure on this house idea because it is not fair to you then in theory she could be more open to taking a loan in her own name!

Edited January 12, 2013 by tingtongtourist

[thaiwanderer]

Good to see this info from JCollister.We seem to see many opinion on this sute about this issue.

would be good to have this info written in Thai to present to each Thai lady who think your stupid, who say you can own 50/50.

The Op might could consider if it would be any difference if he did build the house himself..??

If you did build a house from start and keeping all documentations, receipt, contracts ect in your name only, then surely this must hold some gain that the building is paid by you and yours to control....but then somewhere i guess you will be made to sign something you dont know that will give her complete control

Then again another risk of building, the shoddy Thai tradesmen making shortcut and not providing the quality materials that they charge you for. also i guess every document that does come your way to sign will be in Thai.

I would like to ask the OP....in all documents you had to sign, both marriage and the other you mentioned, were transcribed in English?

Seems everything is to big risk here for farang, i agree with the other posters and say RENT

Even if your wife insist on a house then why not suggest to take a loan from Thailand, make out in her name. You can then pay off this loan of course easy,( as long as you are together) as interest rate on home loan in Thai is so very low..

Surely the Thai woman can not argue against this?

I have not signed anything yet. We went to the LO and were given a booklet and a form (written in both Thai and English). The booklet states that any Thai who is married to an alien () must sign the form. Both spouses must declare that the money to purchase the property come from the Thai citizen. I am not eager to sign false statements, as the bank wire oculd be be easily traced.

My wife is not insisiting in buying a house; it's solely my idea. I've done some math, and think it's a good investment. As I said, I am not worred about the near future, but no one can predict how a relationship would change in the future.

Only you can decide on the path you take but for me, this is really an insult to ones intelligence and a big one, for any Thai would believe that the money for the house did come from the Thai partner.

If any Thai official (or in fact any thai person) did actually believe that the Thai woman is paying for the house they would most surely pull the Thai person aside and tell them they are stupid for paying for a house for a farang to live in.

In a country that makes laws that foreigners cannot own property but at the same time make a provision that does openly encourage people to lie against that law, and therefor the same as entrapment but not enforced is beyond belief in this day and age.

Again i say to you, if any Thai person expect you to sign this paper and lie against your own face then you must tell them to take a loan on the property, in THEIR name and you will pay all dues on that loan while the marriage remains intact

edit: In your case reflection, you say your wife is not sure on this house idea because it is not fair to you then in theory she could be more open to taking a loan in her own name!

it's not a case about anyone actually believing anything, it's a simple way of keeping the land out of common property - for political or xenophobic reasons depending on your standpoint.

it's not at all beyond belief that a county decides its own laws some of which you do not agree with.

presumably you'd back worldwide assets being factored into any divorce, if we're so interested in fairness?

[tingtongtourist]

Good to see this info from JCollister.We seem to see many opinion on this sute about this issue.

would be good to have this info written in Thai to present to each Thai lady who think your stupid, who say you can own 50/50.

The Op might could consider if it would be any difference if he did build the house himself..??

If you did build a house from start and keeping all documentations, receipt, contracts ect in your name only, then surely this must hold some gain that the building is paid by you and yours to control....but then somewhere i guess you will be made to sign something you dont know that will give her complete control

Then again another risk of building, the shoddy Thai tradesmen making shortcut and not providing the quality materials that they charge you for. also i guess every document that does come your way to sign will be in Thai.

I would like to ask the OP....in all documents you had to sign, both marriage and the other you mentioned, were transcribed in English?

Seems everything is to big risk here for farang, i agree with the other posters and say RENT

Even if your wife insist on a house then why not suggest to take a loan from Thailand, make out in her name. You can then pay off this loan of course easy,( as long as you are together) as interest rate on home loan in Thai is so very low..

Surely the Thai woman can not argue against this?

I have not signed anything yet. We went to the LO and were given a booklet and a form (written in both Thai and English). The booklet states that any Thai who is married to an alien () must sign the form. Both spouses must declare that the money to purchase the property come from the Thai citizen. I am not eager to sign false statements, as the bank wire oculd be be easily traced.

My wife is not insisiting in buying a house; it's solely my idea. I've done some math, and think it's a good investment. As I said, I am not worred about the near future, but no one can predict how a relationship would change in the future.

Only you can decide on the path you take but for me, this is really an insult to ones intelligence and a big one, for any Thai would believe that the money for the house did come from the Thai partner.

If any Thai official (or in fact any thai person) did actually believe that the Thai woman is paying for the house they would most surely pull the Thai person aside and tell them they are stupid for paying for a house for a farang to live in.

In a country that makes laws that foreigners cannot own property but at the same time make a provision that does openly encourage people to lie against that law, and therefor the same as entrapment but not enforced is beyond belief in this day and age.

Again i say to you, if any Thai person expect you to sign this paper and lie against your own face then you must tell them to take a loan on the property, in THEIR name and you will pay all dues on that loan while the marriage remains intact

edit: In your case reflection, you say your wife is not sure on this house idea because it is not fair to you then in theory she could be more open to taking a loan in her own name!

it's not a case about anyone actually believing anything, it's a simple way of keeping the land out of common property - for political or xenophobic reasons depending on your standpoint.

it's not at all beyond belief that a county decides its own laws some of which you do not agree with.

presumably you'd back worldwide assets being factored into any divorce, if we're so interested in fairness?

Its not that i dont agree with the law. In fact i did make a post before to say if every other country did keep their own protectionist laws intact and not fall into this PC trap then they would not have the problems they do have now all around the world.

I think its good that Thai do not allow farang to own land, it does keep their property market somewhat in control and in reach for the average hard working thai to own a property WITHOUT rich forieners coming in and abusing cheap real estate for their own greedy short term gain.

My point is that the process of the law does bastardize itself when they make one law but then openly make provision for that law to be flaunted, when it is obvious to all that the law is a joke.

Dont know what you mean by "wordwide assets being shared" but if any thai gets married in another country and becomes a citizen of that country then they do have those same rights. Even a Thai married to Australian can own property, run a business, or get government assistance if they so need and live forever in Aus if theie partner does die.

If by "worldwide assets being shared" you are talking about forieners marrying a Thai but having the assets in their own country protected, well after seeing the Thai protectionist laws, i dont know what you expect??

Do you want the farang to gift buy houses they cant own, while having to jump through hoops in visa status..or be left with no visa status in the case that their thai partner dies...but then also have to share the property they did own in their own country before they met the Thai partner??

I do at times try to be nuetral, but with your comment you must either be a Thai or at least a Thai apologist

[Khun Jean]

There is not much to complain about, before it was the law that a Thai married to a foreigner could not own land at all.

If that was still the case it would be discriminating compared to other Thais, and a lot of foreigners would have even less options available. To 'repair' the awkward situation the Thai spouse was allowed to own land under the condition that the foreigner spouse declared to have no ownership of it in the event of divorce or death of the Thai spouse.

A gift to one of the spouses is considered 'Sin Suan Tuan', including a gift from a foreigner to their Thai spouse.

As the 'Sin somros' and 'Sin suan tuan' was already part of the law it was the easiest way to fix the situation.

Nothing illegal about it, and it fits perfectly in the existing framework.

[tingtongtourist]

There is not much to complain about, before it was the law that a Thai married to a foreigner could not own land at all.

If that was still the case it would be discriminating compared to other Thais, and a lot of foreigners would have even less options available. To 'repair' the awkward situation the Thai spouse was allowed to own land under the condition that the foreigner spouse declared to have no ownership of it in the event of divorce or death of the Thai spouse.

A gift to one of the spouses is considered 'Sin Suan Tuan', including a gift from a foreigner to their Thai spouse.

As the 'Sin somros' and 'Sin suan tuan' was already part of the law it was the easiest way to fix the situation.

Nothing illegal about it, and it fits perfectly in the existing framework.

How can it be legal if a foreigner sign a form to say none of his money went into buying the property when in fact it was bought 100% with his funds???

If you did sign a paper or affadavid anywhere else in the world which was a complete lie then you would be guilty of fraud or worse and probably risk jail term!!!

These days we see many country fine tune and ammending/adjusting old laws to bring things up to date with the 21st century..to have this sort of thing endorsed officially is a little strange

[tingtongtourist]

Also just to add, as was said earlier, the poster who did mention when paying/wiring the money that was not suppose to be funding his..or should i say HER house, the money trail is alway going to be very transparent and every details of the whole transaction very easily proven.

If laws,governments or OTHER things bring on big changes here everyone who did sign this paper fraudulently has left themselves open.

[BEVUP]

1. Providing everything goes well between us, would be able to easily sell the house before the child turns 18, in case we decide to do so? Or we will have to go through court to get an order?

It would be impossible to sell the property before the child was 20, at 20 they can sell, not you.

Court orders to sell a child's property are never issued. Once it's his, it's his.

But on purchase the house 'manager' is selected to be one of the parents by mutual consent, and that can't be changed except by the death of the named parent.

Good one Thomo

Thats the sought of thing i wanted to hear as we already have a house & am trying to buy one in the local city for sons schooling & future interests

[reflectionx]

1. Providing everything goes well between us, would be able to easily sell the house before the child turns 18, in case we decide to do so? Or we will have to go through court to get an order?

It would be impossible to sell the property before the child was 20, at 20 they can sell, not you.

Court orders to sell a child's property are never issued. Once it's his, it's his.

But on purchase the house 'manager' is selected to be one of the parents by mutual consent, and that can't be changed except by the death of the named parent.

Thanks, very helpful info!!!

Ok, so the only option left is the mommy in law I have two concerns with this approach:

1. Given my spouse has a younger brother, is there a way to ensure that the house will go 100 % to wifey should her mother passes away?

2. Heaven forbid, my spouse passes away before her mom does, is there a way to ensure that the house will go 100% to our children?

[Khun Jean]

Also just to add, as was said earlier, the poster who did mention when paying/wiring the money that was not suppose to be funding his..or should i say HER house, the money trail is alway going to be very transparent and every details of the whole transaction very easily proven.

If laws,governments or OTHER things bring on big changes here everyone who did sign this paper fraudulently has left themselves open.

Who cares about the money trail, it just proves a transfer nothing more.

The form you sign states the money is hers, so if YOU don't want to do an illegal action, like using your wife as a proxy you better state that it was a gift and it is in no way fraudulent. It actually emphasizes that you are giving away your money to your wife, so the government rules are making it very very clear to you. If you then still proceed you can't say you were not warned. Now if you start insisting about a usufruct or a lease then you clearly signal that you want to use your wife as a proxy. Both a lease or usufruct in that case only protects against a death of your wife. Does that mean that she is now in danger of her live? (Just to compare it with foreigners having a lease or usufruct is a reason for them to be killed in another post).

Ultimately it is pretty easy isn't it. It is all up to you.

[reflectionx]

1. Providing everything goes well between us, would be able to easily sell the house before the child turns 18, in case we decide to do so? Or we will have to go through court to get an order?

It would be impossible to sell the property before the child was 20, at 20 they can sell, not you.

Court orders to sell a child's property are never issued. Once it's his, it's his.

But on purchase the house 'manager' is selected to be one of the parents by mutual consent, and that can't be changed except by the death of the named parent.

Thanks, very helpful info!!!

Ok, so the only option left is the mommy in law I have two concerns with this approach:

1. Given my spouse has a younger brother, is there a way to ensure that the house will go 100 % to wifey should her mother passes away?

2. Heaven forbid, my spouse passes away before her mom does, is there a way to ensure that the house will go 100% to our children?

Ok, just thought of something:

1. Mother in law buys the house

2. I get usufruct for life on my name

3. Since usufruct does not prevent a property from being sold etc, mother in law transfers the ownership to my wife (is it possible to transfer property as gift to a child)?

Since the usufruct was contracted with the mother in law, it will be transferred and should hold in case of divorce, no? Any thoughts?

[jamescollister]

1. Providing everything goes well between us, would be able to easily sell the house before the child turns 18, in case we decide to do so? Or we will have to go through court to get an order?

It would be impossible to sell the property before the child was 20, at 20 they can sell, not you.

Court orders to sell a child's property are never issued. Once it's his, it's his.

But on purchase the house 'manager' is selected to be one of the parents by mutual consent, and that can't be changed except by the death of the named parent.

Thanks, very helpful info!!!

Ok, so the only option left is the mommy in law I have two concerns with this approach:

1. Given my spouse has a younger brother, is there a way to ensure that the house will go 100 % to wifey should her mother passes away?

2. Heaven forbid, my spouse passes away before her mom does, is there a way to ensure that the house will go 100% to our children?

Ok, just thought of something:

1. Mother in law buys the house

2. I get usufruct for life on my name

3. Since usufruct does not prevent a property from being sold etc, mother in law transfers the ownership to my wife (is it possible to transfer property as gift to a child)?

Since the usufruct was contracted with the mother in law, it will be transferred and should hold in case of divorce, no? Any thoughts?

MIL should not be able to transfer the land, it has a usufruct on it.

MIL can make a will giving land to your wife and or kids etc. Still does not protect you in anyway and she can change the will at any time.

Trust your wife or don't buy land. Jim

[Khun Jean]

MIL can transfer the land anytime she wants. The usufruct stays in place, it does not loose its validity upon the MIL's death either. And yes it will hold up in case of divorce.

The only 'risk' is between the moment the land is bought in MIL's name and when the usufruct is made.

Doing it on the same moment is possible but can be refused as it is seen as that the MIL is a proxy for the foreigner.

I waited six months.

[transam]

Do what i did, but still research all info about it!.

Buy the land/house in your wifes mothers name and get a usufruct.

I waited with the usufruct a few months (not really necessary but makes the transactions smoother) but then again i have a sweetheart of a mother in law and she can be trusted fully.

This will give you full right to use the house/land.

If your wife mothers dies the wife will inherit the land and because there is already a usufruct on it it can not be voided.

I have researched this to death and i can only come up with this scenario for a male married to a Thai wife.

You can not get much better then this.

I urge you to read everything on samuiforsale.com, it is one of only very few source beyond the raw texts for the law that states how it is.

Doesn't the property go to the eldest child of mum OR to whom it is left to in a Will. ?