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Her Land My House?

tuffy

By tuffy
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Morden Gold Member

Morden

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Without an usufruct or lease I think that the house can still be yours. However, you will still need permission to cross the land to get to it. Usufruct or lease is essential and it's better to get one or the other before you build.

If you are legally married, any land or building purchased after the date of the marriage is 50% yours in terms of value. I think that the same applies to unmarried couples who have been together for at least five years.

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biplanebluey Silver Member

biplanebluey

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There are some very nice wooden houses on posts, and you can take them with you if you move.

attachicon.gifThaiHouseOnStilts640x447.jpg

In New Zealand this is very common and you regularly see houses parked in lay-bys on large flat deck transporters waiting for some early police escort to start the move.There have been some amazing moves---I know of a church and a DC3 [Dakota] with no problems but I have never heard or seen anything like that here.In NZ they are prepared for it and all roads including in the sticks have all the power poles well out from the roadside[and leaning out] to accommodate the wide loads.I can imagine the problems here---- Just another horror story!!!
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falang07 Silver Member

falang07

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I did it the easy way.

Her land.

Her house.

I paid.

I live there.

No problem.

 

What is so hard about making a usufruct when you cal this the easy way? Easy way of parting with the money, perhaps :) Many did it this way in Thailand, and most of them have a BIG problem now :)

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PEP Senior Member

PEP

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GOODNESS GRACIOUS ME!

"Her land, My house/ Car in my name". I fail to understand marriage that is not based upon trust. What happened to your relationship if you are already think/planning to do a runner? Fifteen years down the track and no such thoughts have entered OUR mutual relationship. Have you ever considered counselling?

I wish you all the best but please consider your insecurity before investing too much.

Regards from PEP

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khunPer Diamond Member

khunPer

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Yes, you can own the house – not the land. If you have no “contract” of land lease or use, you may loose the house you own. That is why many old times wooden Thai houses could be easily disassembled and moved to anther plot.

Edit typo

Edited by khunPer
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darren84310 Advanced Member

darren84310

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Don't do it !!!

Buy your own land and build your own house, somewhere that's not too near her family!!!

If she loves you she won't care so long as your together.

I've heard of far too many sad stories.... just think!.... Do you want to be living in a house, near her and her family, if you have seperated?... Do you think they are going to want you living near them?.... especially if you take a new woman there with you! (serious loss of face that would be).

And if it's not in a prime location... you will find it extremely difficult to sell it.

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DRONGOH Senior Member

DRONGOH

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Here is a question for those of you that have been through this

already.... But if the land is in her name can I still build a house in

my name?

Possibly, but but you're very unlikely to ever see the inside of it once it is finished and you've paid it off.

Happy Songkran.

Edited by metisdead
Instead of using oversize bold font to highlight your "quoted" post, use the Insert quotation feature instead.
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billd766 Star Member

billd766

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I did it the easy way.

Her land.

Her house.

I paid.

I live there.

No problem.

...........................yet..................biggrin.png
You beat me to it!!!!!!!!!!!!!!!!

So both of you know me personally (I'm not sure that I know you though) and you are 100% convinced the we will fail and I will lose the house and land that I don't own.

Strangely enough you were correct at one point.

I did lose the house and I only kept my pensions and what fitted into a Ford Mondeo estate car.

Mind you that WAS in the UK and not Thailand.

Please try not to generalise as it makes me think that you are both a genius and generally speaking that isn't true.

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PEP Senior Member

PEP

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As posted previously.

I know full well of the disasters awaiting the foolish who seem to be ruled by the wrong head. Please consider that all relationships do not end on the rocks. There are many, many, trustworthy Thai ladies who can and do live happily in a long happy relationship. Up to you to overcome your uncertinaty regarding your own relationship. The words you should consider are "Mutual Trust". The basis for any marriage.

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fxe1200 Gold Member

fxe1200

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Without an usufruct or lease I think that the house can still be yours. However, you will still need permission to cross the land to get to it. Usufruct or lease is essential and it's better to get one or the other before you build.

If you are legally married, any land or building purchased after the date of the marriage is 50% yours in terms of value. I think that the same applies to unmarried couples who have been together for at least five years.

Without a usufruct you could end up with paying a lease for the use of her land. Watch out.

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billd766 Star Member

billd766

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What will you do if you leave? Take the house with you? In practical rather than legal terms, whomever owns the land is most likley to end up owning the building.

Also what would you do if she sells the land and 10 Thais decide that they are going to build houses all around yours?

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taninthai Platinum Member

taninthai

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Don't do it !!!

Buy your own land and build your own house, somewhere that's not too near her family!!!

If she loves you she won't care so long as your together.

I've heard of far too many sad stories.... just think!.... Do you want to be living in a house, near her and her family, if you have seperated?... Do you think they are going to want you living near them?.... especially if you take a new woman there with you! (serious loss of face that would be).

And if it's not in a prime location... you will find it extremely difficult to sell it.

do you know something i dont please tell me how to legally buy my own land that i will be free to sell or rent out to someone else at anytime

Thanks

Sent from my GT-P7500 using Thaivisa Connect Thailand mobile app

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tomyumchai Advanced Member

tomyumchai

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i cant wait to build a house on my girlfriends land, its going to be a lovely place to live in........for them.

-and thats why i will wait a little longer, maybe they will get wiped out in a drunken pick up crash or shoot themselves, or get mown down by a herd of migrating zebras?

so jaaaaaa, just a little longer eh?

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AnotherOneAmerican Ruby Member

AnotherOneAmerican

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There are some very nice wooden houses on posts, and you can take them with you if you move.

attachicon.gifThaiHouseOnStilts640x447.jpg

I only have a Honda Jazz, those posts are too long to fit in the car when I move out ......

Many Thai companies to move a wood house.

1 day to take down, moving time, 2 days to build back.

Very easy.

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BanTamo Advanced Member

BanTamo

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Just rent the girls. And if you must build (I certainly did, and thoroughly enjoyed the process) be prepared to walk away. You may never need to but it keeps one from fretting too much. We can all do that at home

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Ackybang Senior Member

Ackybang

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Trust aside, it wouldn't do you any harm to find out all the options open to you, and then weigh them up yourself. You might want some sort of provisional cover in case of uncertain scenarios arising.

I don't, for instance know what would happen if your spouse met with an accident / death, and you had no 'real' claim on the land, whether married or not. It also depends on the land title that your partner holds. Some land here only gives the right to live on and use the land, and pass it on to family (Thai), and in this case, a registered usufruct / lease is not an option. In such cases, you can legally draw up a standard loan agreement (bi goo ngern) witnessed / signed by the village chief the pooyai, or ob ba dor, one other impartial witness, and signed / copied by yourself and the recipient, where you might 'loan' (on paper) the amount of money to be spent on the property, (or half of it, to be fair) to the real land owner, with interest (usually 3%), and have the land put up as assurity against the loan. In case of any unfortunate mishaps, you have some recourse to get your agreed investment back, or continue having access to the land - at the very end, through the courts, if necessary. This might cost you 3 baht for the form - some carbon paper, and a beer for the chief.

At the end of the day, it's not legal for you to own land here, except in certain circumstances, and you are a guest, and will always be referred to as a foreigner by the powers that be here - regardless of marital status. Regardless of love and good intentions and mutual trust, there are sometimes other factors at work against the outcome of a relationship, and I most certainly hope they don't for anyone, but if things do turn sour or spiteful, or bad luck comes your way, and there's a jealous family member after your assets, I believe it's much easier for a National to cause you grief if you don't have a back up plan, other than being able to afford to walk away from it. If I was married, and then divorced, and back to tourist status, I wouldn't have much faith in the court system here to be able to get me a fair half back in any timely manner, and then - what if you're broke and old already ? It's all very well for posters to appear flabbergasted, and talk of mutual trust like we've never heard of it, but then why should everything have to be in a Thai's name here, and why does the law make no provision for both names to be allowed ? And, why shouldn't I be allowed to have assets in my name, that I'm paying for ? I'm only saying this, because it would appear you're having some misgivings, to be posting this in the first place ?

It would be nice to think it's all rosey and lovely here, and we live in a World where you can trust everyone, everywhere - but the very real fact is you can't, and I know plenty of people here who have gone into relationships with both 'normal' straight women, and hard core institutionalised prostitutes, all with the best, honest intentions, and had different outcomes - some very good, some very bad - instigated by both sexes, regardless of background. What seems to be a constant, regardless of who anyone settles down with here, and genuinely love - if it turns sour, I see a lot of Westerners on the losing side - certainly asset wise, if they have been too trusting. It's all relative, and I'm not loaded, and have had to work my arse off for the money I've made, so if I'm making a commitment, and considerable investment - upto a good few million - which for me is beyond the point of return, I'm all up for halves personally with someone I love, even though it's all my dough really, regardless of the outcome - but it's your call. If I was seriously loaded, and she's a real beauty, I would throw a saddle over her, build a nice house for both of you, enjoy your love and the moment now, and I wouldn't give a shit about the outcome....

Good luck - I hope you have a great relationship / happy ending (when you average it all out !)

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