Seek Advice On Building A New House

[iwan]

I intend to build a new concrete house on my Thai GF's land and plan to draw up a long term rental contract so I can stay on the land indefinitely. Should i contract directly with the builder to show proof that i actually purchased the house (I am paying it anyway)? What are the caveats and things i should be looking out for?

Can anyone share their experiences and advice?

Many thanks in advance.

[jrtmedic]

You cannot own land ! You may be able to obtain a 30 year lease on land and will need legal assistance to do so.

My advise is to be very cautious. There are numerous stories of people building houses on land owned by a GF or her family. The stories all have a depressingly similar narrative as follows (This is the short version !)

Once the house is built (after many delays. obstructions and unexpected expense), furnishings /Tvs /Pick up truck etc (All high quality as chosen by the GF) are purchased and installed.

GF then moves family/ Thai BF or husband into the house and tells the Foreigner to take a hike !

Foreigner then embarks on a pointless exercise to get his money back !

[TommoPhysicist]

Don't do it, is the best advice I can give.

If you must do it, get the gf to take out a home loan in her name of 90%, then you make the payments.

At least that way, you stay in control of your capital.

Costs you a bit more, but avoids a 'sudden loss'.

Edited January 27, 2013 by TommoPhysicist

[jrtmedic]

TommoPhysicist

Thanks for the laugh !

Thai GF -----90% home loan In her name !!

Edited January 27, 2013 by jrtmedic

[jamescollister]

OP let me take a wild guess, your girlfriend does not own a prime piece of real estate in an up market housing area.

Possibly more like some rice land zoned for farming with a low form of title, which can't be rented or legally built on.

Think long and hard before you spend. Jim

[StevenHeidbriderSr]

As we know Love blinds us! So since you will do as your GF wants make sure you get an attorney to represent your interests under Thai Law. And get a Building Contractor that is recommended by at least three Xpats that he has done business with and then ONLY pay as you go.

[glegolo]

In opposit to the other guys fear of living, may I offer you something different in this respect you are asking about. I agree to the others guys fear of course. They are afraid of losing their money. They focus on money only, and have a hard time to see something different in life than money or things....

The other alternative that you can act upon is like I have done, and I got a feeling that you probably are something like that too. You can see to it, and have as a goal that your girlfriend or wife will have a home when your "gone". I have bought a house, live in it with my wife, house title in her name only. And goal is to let her be able to stay in it when I am gone... (as I said earlier)

She is welcome to throw me out, I will than take my pension with me and just move on. And she wil not have that much to live on when I am gone...... This is however NEVER a scenario that I am not even think about, why should I, Whatever happens, I wil be OK....

Life is too great to live to let some small shit like money clouds it completely. The most scared people are sometimes WAY TOO MUCH focused on money, and are sometimes too blind to even see the posibilities to have a great life here, and be taken care of, instead of being a useless 65 year old guy that nobody at all cares about in falang-country...

Glegolo

[swissie]

You cannot own land ! You may be able to obtain a 30 year lease on land and will need legal assistance to do so.

My advise is to be very cautious. There are numerous stories of people building houses on land owned by a GF or her family. The stories all have a depressingly similar narrative as follows (This is the short version !)

Once the house is built (after many delays. obstructions and unexpected expense), furnishings /Tvs /Pick up truck etc (All high quality as chosen by the GF) are purchased and installed.

GF then moves family/ Thai BF or husband into the house and tells the Foreigner to take a hike !

Foreigner then embarks on a pointless exercise to get his money back !

This sums it up:

Above statement, if printed out and handed over in form of a phamphlet at the departing airport to every farang visitor to thailand could have saved a many a farang endless grief and dispair.

Those few sentences above, put in a nutshell, indicate clearly what could be awaiting an overly-trusting farang if things turn "sour".

Unfortunately "love makes blind".

Draconian measures may have to be introduced. What a farang can do in Thailand is alredy very restricted. Why not restrict it a little more, like: No farang can have any involvement in R/E, house building projects in favor of GF/Wife/Family unless married for at least 5 years and farang staying for this period in Thailand.

This may not eliminate long-term trickery, but it may well deter short-term "gold-diggers".

Cheers.

[TommoPhysicist]

She is welcome to throw me out, I will than take my pension with me and just move on. And she wil not have that much to live on when I am gone...... This is however NEVER a scenario that I am not even think about, why should I, Whatever happens, I wil be OK....

How often can you afford to do this, before not being OK?

Just wondering .......

(don't forget, if she chucks you out, she also gets to keep all contents unless you can prove yours)

In some cases, renting a home in your sole name is the best way, as she can't chuck you out, and you can keep her stuff, unless she can prove different.

Edited January 27, 2013 by TommoPhysicist

[glegolo]

She is welcome to throw me out, I will than take my pension with me and just move on. And she wil not have that much to live on when I am gone...... This is however NEVER a scenario that I am not even think about, why should I, Whatever happens, I wil be OK....

How often can you afford to do this, before not being OK?

Just wondering .......

(don't forget, if she chucks you out, she also gets to keep all contents unless you can prove yours)

In some cases, renting a home in your sole name is the best way, as she can't chuck you out, and you can keep her stuff, unless she can prove different.

I try my best not to be too stupid. So I start with 1 time.... I am a believer my friend, so if all goes to hell than I have done my try, and will thereafter probably only rent houses or apartments.... I dont see this however as a big problem that so many others. It is not for me life-threatening to get kicked out.....

Glegolo

[ballbreaker]

Since she is still a GF and not wife have her grant you a usufruct for a fixed period of time (max 30 years) or till end of life. This gives you complete control of property without ownership while GF retains ownership. Only cost a couple hundred baht to register unlike a lease which is more costly.

Another option would be a Superficies which gives you the right to own a building on piece of land. This can also be for fixed period of time or end of life. I would also make sure any such document includes wording to allow unencumbered access to building. Cheap registration cost also.

Just make sure any building permits are in your name only and all payment receipts are in your name only.

Just make sure either or both of above mentioned options are listed on chanote.

[TexasRanger]

If you trust her as much as you can trust any human being just do it and be prepared to walk away if it goes wrong. Lets face it, even if you are married for 20 years you just walk away. You will never win anything here legally.

You know in your own mind if you trust her or not, if you are up in the 90% trust area just do it.

Dont burn bridges, don't spend or borrow more than you can walk away from. Thats it.

Sent from my GT-N8000 using Thaivisa Connect Thailand mobile app

[jamescollister]

Since she is still a GF and not wife have her grant you a usufruct for a fixed period of time (max 30 years) or till end of life. This gives you complete control of property without ownership while GF retains ownership. Only cost a couple hundred baht to register unlike a lease which is more costly.

Another option would be a Superficies which gives you the right to own a building on piece of land. This can also be for fixed period of time or end of life. I would also make sure any such document includes wording to allow unencumbered access to building. Cheap registration cost also.

Just make sure any building permits are in your name only and all payment receipts are in your name only.

Just make sure either or both of above mentioned options are listed on chanote.

Won't work, G/F can be classed as common law or defacto wife under Thai law. Many Thais never register a marriage. Wife may cancel it at any time.

Usufructs cover immovable property, for the purpose of a usufruct immoveable property is soil, dirt rocks, trees and plants., not houses our buildings. she can help you move your movable house to the side of the road with a bulldozer.

Superficies are really just long term rental agreements, you may set a very small rental on the agreement and wife, G/F is happy, but the tax man can deem the rental value, then you have to pay that amount or you are out.

No safe way to own or control land in Thailand, trust your wife, G/For rent. Jim

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[thaigold]

In the name of all that's holy ... for heaven's sake DO NOT build a house. Since you use the euphemism "gf", we have to assume you are senior to your "partner's" age. Please ... lease, don't buy or build. In burning a neon sign, says on the Thai marquee ... DON'T BUY.

[iwan]

In opposit to the other guys fear of living, may I offer you something different in this respect you are asking about. I agree to the others guys fear of course. They are afraid of losing their money. They focus on money only, and have a hard time to see something different in life than money or things....

Gents, thanks for all your ideas.

I like Thailand and the people around - nobody's perfect but that's no what it's supposed to be. My takeaway here is to plan where i can control while focusing my energy on what is meaningful.

Hence I aspire to Glegolo's live without fear and "Whatever happens, I wil be OK...." attitude - how refreshing and liberating! Finding the right partner and finally settling down in a pleasant retirement environment is truly a life quest. I could have opened my heart much more, enjoy every moment of this journey and value the relationships that i meet along the way. Still most were lessons for the road, not meant to be, so harboring no hard feelings, and wishing well, i have moved on. Like the law of attraction, I believe if we use our heart of hearts to connect, sooner than later we will be blessed with that special being(s) who will complete us (I suddenly begin to recall distance impressions of the last chapters of a literature book by H. G. Wells called "The History of Mr Polly" from junior college days). These I will hold dearly to cherish.

[jbrain]

You as foreigner can have a building license in your name, you will have to show a lease contract and the owner of the land will have to sign for agreement.

[swissie]

In opposit to the other guys fear of living, may I offer you something different in this respect you are asking about. I agree to the others guys fear of course. They are afraid of losing their money. They focus on money only, and have a hard time to see something different in life than money or things....

Gents, thanks for all your ideas.

I like Thailand and the people around - nobody's perfect but that's no what it's supposed to be. My takeaway here is to plan where i can control while focusing my energy on what is meaningful.

Hence I aspire to Glegolo's live without fear and "Whatever happens, I wil be OK...." attitude - how refreshing and liberating! Finding the right partner and finally settling down in a pleasant retirement environment is truly a life quest. I could have opened my heart much more, enjoy every moment of this journey and value the relationships that i meet along the way. Still most were lessons for the road, not meant to be, so harboring no hard feelings, and wishing well, i have moved on. Like the law of attraction, I believe if we use our heart of hearts to connect, sooner than later we will be blessed with that special being(s) who will complete us (I suddenly begin to recall distance impressions of the last chapters of a literature book by H. G. Wells called "The History of Mr Polly" from junior college days). These I will hold dearly to cherish.

Hi Iwan. I would like to make clear, that the following is not meant as any sort of insult, nor should it sound like some paternalistic sermon.

You gave some insight as far as your "frame of mind" is concerned. You come accross as a noble man, with a positive outlook on things, trusting and in search of a peaceful life in your older days, alongside with a female companion that stands by your side to enjoy the good things together, that life has to offer for the both of you.

This is beautiful and deep down we all want the same. Unfortunately, not all that many people see the world in the same noble framework as you do. Although I would wish that there were more people like you populating this globe.

But there are people around, that after having gotten to know you, will happily only classifiy you as "a perfect victim", that is practically begging to be exploited. To be concrete: There is a whole army of ladies working in the "entertainement-hubs" in Thailand, that are looking exactly for this kind of "prey". If found , it's like winning the lottery.

Be on your guard. Why not enjoy an extended holiday with the lady in some nice beach resort for the duration of 6 months? After that, you can still decide of building the house or not. If the lady should be in opposition to that and insists on building the house right away: YOU HAVE YOUR ANSWER as far as the future with this particular lady is concerned already.

Cheers and good luck to you.

[TommoPhysicist]

I believe if we use our heart of hearts to connect, sooner than later we will be blessed with that special being(s) who will complete us (I suddenly begin to recall distance impressions of the last chapters of a literature book by H. G. Wells called "The History of Mr Polly" from junior college days). These I will hold dearly to cherish.

If you use your heart in Thailand, it will be ripped out, torn to shreds, then stamped on by a series of gold-digging floozies.

Conserve your resources and they tend to stay around a lot longer.

The softer you are, the less women will like you (true across the world).

Edited January 28, 2013 by TommoPhysicist

[jrtmedic]

Sorry OP and others ------ sincere apologies !

In my earlier post I forgot to mention --------"The House Warming Party "--------- To which of course the whole village will be invited ! Not just those living in the village but all the far flung relatives ! Everyone will gather for the occasion which commences with the local Monks proving blessings and ensuring any bad spirits (Pi) are driven away ------

The party then commences and wiil continue for a minumum of 2-3 days -- Vast qantities of food and alcohol will be consumed and the music will be LOUD !

It will be during all the merry- making that the GF will confirm the plans for her family/Thai BF or husband to move in -----often occurs duing the party !

Guess who pays ?

Edited January 28, 2013 by jrtmedic