Newbuild Townhouse In Private Development: Joint Ownership Or Usefruct?

[leb0wsk1]

The nutshell: Having been renting accommodation with my wife in bangkok for the past 7 years we've come across a small new-build townhouse house in a moo baan development that we'd like to buy together (I'm British).

Having researched various sources it seems the options are either joint ownership of the house itself and a land lease with my wife as lessor, or an usufruct arrangement. However its not clear to me which is the best route to go down in these matters.

Obviously we're not the first Thai/foreign couple to be looking at a house purchase, so I was hoping to find anyone here who may have gone through this process recently and would care to share their experience/advice on current best practice/due diligence?

Many thanks in advance if any wise TV'ers out there can advise on the norm when it comes to home purchases involving Thai/farang couples :-)

NB: we've ruled out buying a condo - so the question specifically relates to the purchase of a townhouse.

[Khun Jean]

You would have problem splitting the house and land ownership.

In short, it will be her property.

If you are not comfortable with that, undo the ruling out of a condo.

Edited January 31, 2013 by Khun Jean

[jamescollister]

OP wife owns the house and you live there. Things go bad and you move elsewhere. That's it. no other deals or schemes, happy wife happy life, or YMCA. Jim

[Crossy]

Do get an usufruct on the land, it won't protect you if your marriage goes belly up (contracts between husband and wife can be dissolved unilaterally at any time), but it will protect you from getting thrown out by greedy relatives should your wife pre-decease you.

[wpcoe]

Can the land ownership be separated from a townhouse like it can for a detached house?

[jamescollister]

Can the land ownership be separated from a townhouse like it can for a detached house?

Farang can own the house, but not the land. Not much comfort if your wife tells you to get off her land. What could you do move the house. Jim

[wpcoe]

So, the townhouse and the land under it CAN be separated? I thought I had read previously that a townhouse was not separable from the land.

[jamescollister]

So, the townhouse and the land under it CAN be separated? I thought I had read previously that a townhouse was not separable from the land.

Not sure on that one, my very well be under some planing reg.

Remember reading about a managed estate, farangs owned the buildings and a Thai company owned the land. Didn't sound too good of an idea. Jim

[Chao Lao Beach]

Slightly off subject but still relevant, all these fenced estates that a developer builds in Thailand, that normally have a sleeping security guard, that are not condos, stand along full chanote homes that farlangs can not buy, what is the go with the roads in these?

They can not be Gov sois as they are restricted by the sleeping security guards. How does that work?