Building a house on wife's land

[quiuvo]

My wife has owned land for ten years. I want to build a house on the land. It will be my money. She does not work now. If we divorce, what will I get? Nothing or 50% of the value of the house?

[Nana Cowboy]

Oh boy, if you need to ask this question you better think long and hard before proceeding. I bought land and built house in wifes name, all with my money but I trusted her 100% and still do so I never researched about the 50% law

[HardenedSoul]

Just keep your money in the bank, mate.

What's the point in actually looking for trouble?

[jbrain]

By law you probably will be entitled to 50% of the value, how it turns out in real life is a completely different matter, and from which there are a few examples on this forum already.

[HoudiniXLogic]

Do it if if you're sure you're gonna be with her in that house until your very last breath. Land is the keyword here, because as far as the BIB are concerned, anything built on her land belongs to her, even if its your house.

But foreigners can buy property in Laos.....

[Soi Sauce]

Done it, lost it, as have countless others.

You got no rights that you can enforce.

B lucky

[Thighlander]

Heard stories of a guy bulldozing his house, after the wife changed the locks. It was her land. There is a reason condos cost 2 to three times more per sm.

[khunPer]

The house can be in your name. However, when you build a new house, you will not have any kind of documentation from land office. The prove ownership, you will need construction drawing with your name, building permission in your name, keeping all construction contracts, receipts, bills etc. with your name.

You may be able to make a marriage contract, stating you own the house, as you paid for the house. However, in case of divorce, the house may be quite worthless sitting on the ex-wife’s land. Depending on land deed and location – for example in village next to in-laws – the land and house may even be quite impossible to sell to anyone.

If the land is Chanute or Nor Sor 3, you shall be able to have a servitude made on the back of the deed at the Land Department. The trick is, to make a loan agreement of the construction value of the house, using the land as security. The land cannot be sold or transferred, before the loan (and interest) has been in full.

Most people has the opinion, that money used for land/house in wife’s name, shall be money you can afford to loose, if something goes wrong.

[loong]

You can put the house in your name. You can own the building just not the land.

But what good will that do you?

You are unable to sell the building, who will buy without the land.

The only advantage is that you could destroy the house with no legal repercussions.

[thinkingofhow]

Been there done that got the T shirt, first one says on it "Stiff dick got no head" the other T Shirt says "God have man two heads but only enough blood to run one at a time". Choose your pick.

[Toscano]

You should assume that you will get Nothing.

If you think there may be risk of getting a divorce don't build a house , rent or lease one .

You need to be sure of your wife before you start committing too much capital .

It is best to keep the main part of your money in your own country , do as much as you can on monthly income .

Edited August 5, 2013 by metisdead
Bold font removed, please stop posting using bold font.

[laobali]

Do it if if you're sure you're gonna be with her in that house until your very last breath. Land is the keyword here, because as far as the BIB are concerned, anything built on her land belongs to her, even if its your house.

But foreigners can buy property in Laos.....

Really? Since when - and how?

[asiaexpat]

All the chatter posted here aside, divorce in Thailand takes two forms. The first is an uncontested divorce in which both parties agree to a settlement that defines the disposition of assets and issues concerning any children. This should be memorialized in a contract for divorce and presented to the District Office along with the application for divorce. The second form is what many encounter, divorce by decree. This occurs when the parties can not reach a settlement or one of the parties refuses to register the divorce. In this case the courts hear the case and divide assets by way of decree. Since the second form requires legal assistance it can be costly and time consuming, so many men just give up and let the wife keep what she has control over (the house for instance.)

[mickba]

..............................................

The only advantage is that you could destroy the house with no legal repercussions.

Always the barstool advice, but in reality you'd never get a Thai contractor to do the work unless you could prove it was yours....

.....and if it wasn't you'd probably be in a whole lot more pain for damaging her house and/or her land.

You fight for your rights legally, if you have any, or you pay her off, or you walk away.

It may depend how much of your life you're willing to waste over it, but a bulldozer isn't likely to be the solution.

.

[SSSlongtime]

we all got the t shirt , meet a english girl build house for her ,not going to happen ,maybe western girls should get educated in thailand ,and they say thailand has bad education

[Toscano]

I was very particular to marry a woman who already had her own house , I have spent a bit to renovate , modernise , create a gentleman's residence .

Much may depend on who your wife is as to how successful the marriage and how safe your investment .

For example my wife is university educated , was a school teacher when I met her , now head teacher of her school .

It takes two to make a successful marriage , you have to work at it .

[danmarnj]

You should hire a good lawyer before you go about this. You can get a 99 year lease where you have the right of egress to the land and house, I forget the name of the legal term. If you insist on this, you should try to protect yourself.

[Eddy1960]

What i only now is when mine wife die we have papers that tell i can live in the house as long i live. If i want to do that, thats another thing.

For the rest you loose.

[Cuban]

My wife has owned land for ten years. I want to build a house on the land. It will be my money. She does not work now. If we divorce, what will I get? Nothing or 50% of the value of the house?

What you need to consider is the purpose of the house.

Is it there to be your marital home together to live in now?

Is it for your use later in retirement maybe?

You need to consider not only divorce but the event of your wife's death. To whom does the land pass?

You can legally own the house, have documents drawn up with supporting building receipts for every last bent-nail and grain of sand in the mortar. You can have rights to have the house on that land for a 30 year contract (extendible by 30 years) - that contract is valid as long as the person to whom the contract is made is alive.

If your right to stay in the country is based on a marriage visa, that will disappear with the divorce or her death and you have 7 days to leave the country. Something of a fire-sale if you have no rights over the house, your reality will be zero return.

There are cases, within these pages, that detail the sudden change in Thai family attitude towards the newly widowed farang relation before the smoke has left the chimney or the divorce ink has dried. Where you are dealing with relatives and not telak, money is likely to be a major factor, if you can't take your house with you and you are required to vacate the land you can simply walk away or be removed by force.

I recall a case in Surin (?) where a guy bulldozed his house because he had full documentation and the relatives of his dead wife were simply rubbing their hands with glee at there impending windfall. The police witnessed this and agreed that as the house belonged to the farang he could do with it has he wished.

In theory in the case of divorce the house as a marriage asset should be sold and the proceeds divided - in the real world who exactly will be a buyer for such a house? How long will it take to sell? If you are divorced you are unlikely to be in the country area to ensure a fair sale at 1,000,000 Baht or a listed sale at 200,000 Baht and an undisclosed amount behind the scenes.

You can do a thing legally and to the letter of Thai law with contracts that will be enforceable for a fee, but you would be stupid not to examine how and to whom the situation can be manipulated to extract the maximum money from the situation and you during the process.

A wise quote from another: "Never invest more into Thailand than you are prepared to walk away from."

[DanBaker]

You can try Isaan Lawyers www.isaanlawyers.com They can set an arrangement where you can lease the land from your wife until you die, you need to pay her a nominal rent per year

But as noted previously the house is not much good to you if you wife,s rellie,s life next door!

[myluckythai]

after a few years. i sell the house and relocate. if you do this right it makes you a little profit you can put in the bank. this way a little money comes back every few years to cover my risk. Normally i asume you stay with your wife for some time or you shouldn't be thinking like this at all.

at some time it doesnt matter anymore if you divorce, because your input is back already.

The lease option is great too btw if you dont want to be busy the whole time moving and talking to thai contractors...... My wife doesn't mind and i have my money in my name in the bank. I'm just 40 yrs old so not tired yet and not ready to settle in 1 place. I can do that later when my bankroll is big enough to cover the losses and a little bit more pls. so this works for me.

Edited August 5, 2013 by jviersel

[winstonc]

You can put the house in your name. You can own the building just not the land.

But what good will that do you?

You are unable to sell the building, who will buy without the land.

The only advantage is that you could destroy the house with no legal repercussions.

careful though,if she gets you done for trespass on her land,,,,,just rent unless you trust her,im not knocking thai ladies,but all the cards are stacked in there favour,best of luck,

[ozyjon]

Same situation,,, built a house on wifes' land after it was built, i don't need you any more, you go, so i did,, now she wants me back as she needs money i suppose, but as thinkingofhow said, been there got the T shirt no need to go for more punishment, start again somewhere else but i only spent the money i would have spent on Hotels if i was to live in one, once i reached my limit, off i went with a smile on my face and aint goin back....no way...no sir...

[AYJAYDEE]

take out a long term mortgage. she wouldnt be able to make the payments without you and you only lose what u paid in.

[HerbalEd]

In spite of what the cynics and arm-chair lawyers are saying here, you can do this and protect yourself .... but only with a very good lawyer creating and registering an iron-clad contract. And don't use a cheap lawyer. Get a recommendation for lawyers from your embassy and make sure he/she speaks very good English (unless you are fluent in Thai). Get the best lawyer money can buy ... it could very well save you a lot of hassle and your house later.

[realenglish1]

In this case you can take out a 30 year lease on the House from your wife .Put it in your name If you divorce she can do nothing and must leave your house since you leased the house and land .

So if you want to remarry you can and live in that house Lets face if you wont be around in 30 years.

The advantage of this is your can force her to sell if you divorce and give you half of say NEVER MIND I have a 30 year lease and I an staying put without your wife

She will not like it so probably will sell to share half with you

[Soi Sauce]

I was very particular to marry a woman who already had her own house , I have spent a bit to renovate , modernise , create a gentleman's residence .

Much may depend on who your wife is as to how successful the marriage and how safe your investment .

For example my wife is university educated , was a school teacher when I met her , now head teacher of her school .

It takes two to make a successful marriage , you have to work at it .

Understand. Go for the money, not the love.

You cannot be particular about love.

Sounds as calculating as the ladies this thread is about. Is she aware of your approach?

Please tell us all how to be particular, here and in the West?

Guys will stand in line to buy your book, worldwide, apart from why would an educated lady want to live in a man's place. Gentle or not?

[penwithcris]

In law I believe both the house and the land could devolve to you. But I cannot imagine the family would allow this to happen. I am in this position. I have a nice home in UK that my Thai wife would inherit on my demise, but if I suggest to my wife that the same should happen if she predeceased me she gets very upset. I am sure her family would make it impossible for me to enjoy the house that I have built. Probably end up another as a corpse another 'stupid falang'

[AyG]

Just to correct a few incorrect statements above.

1. A lease would give the OP no protection since it can be cancelled by the wife at any time up to one year after the marriage is dissolved.

2. Assets acquired prior to marriage belong to the respective individuals. Assets acquired during marriage (including the house) are jointly owned, 50/50; the fact that the OP paid for it is irrelevant. On divorce the individuals can decide themselves how the assets are split, or they can leave it up to the courts which will take the 50/50 ownership into account in any ruling.

What I don't know, though, is what effect adding a third party to a lease would have.

[mickba]

In law I believe both the house and the land could devolve to you. But I cannot imagine the family would allow this to happen. I am in this position. I have a nice home in UK that my Thai wife would inherit on my demise, but if I suggest to my wife that the same should happen if she predeceased me she gets very upset. I am sure her family would make it impossible for me to enjoy the house that I have built. Probably end up another as a corpse another 'stupid falang'

That's a lot closer to reality than all the talk about using good lawyers and 30 year leases etc.

.