what is the standard cost from a lawyer for this sort of thing

[whiteman]

A 30 year lease on my wifes land I live in Chonbury also if I go the other way and get a usufruct I am 66years of age and I have lived here 10 years with my Thai wife no children.

I just don't like the idea that if my wife dies b4 me shes 41 that I might get kicked off the land.

So which is the best way to go about this for me? The house will be built in the next 18 months we will share the costs together of this build Approx budget 2.5 million Bhat to build the single lev house 3 bed room.

I have been quoted 20000 bhat for the 30 year lease one is that fare?

[AyG]

There's no need for a lawyer to get involved in setting up a usufruct. There's a form available from your local land office that's simple for your wife to fill in.

Sunbelt charges 15,000 to arrange a usufruct.

[PattayaPhom]

20k for an hour of lawyers time seems just about right, as said...do it yourself

[whiteman]

Thanks for the info but both of you never gave the answer as to which is the best for me to do either the usufruct or the 30 year lease?

[AyG]

It wasn't clear from your original posting that you were asking usufruct vs. lease.

The short answer is that a usufruct is better since (a) it can be for your life, not just 30 years, ( there's less tax to pay with it. Note, however, that should you and your wife divorce, then both (I believe - definitely the usufruct) can be cancelled by your wife.

[JLCrab]

Without touching the legalese, you are already concerned that upon the untimely demise of your wife you would have some legal document that would prevent your getting "kicked off the land". Do have reason to suspect there would be some antagonism toward your remaining in your house that you paid for and on your legally secured property?

If so, there is no legal document in Thailand that would protect you from having your wife's family and/or neighbors making your life miserable if that would be their intent.

[JLCrab]

(Gremlins)

Edited August 5, 2013 by JLCrab

[rayongchelsea]

I think what Jlcrab has just stated is the most salient point in any discussion where " protecting my rights " is involved..in many case it just isn't practical.Not because of possible family issues but you as an individual may not want to live there if say your wife died or you divorced.

My wife died I had absolutely no interest in staying where I was even though I had lovely neighbours a big house, nice moonbaan etc..a lot of support from the Thai side ..things just change sometimes very unpredictably.

It would have been frustrating.

I am very much of the opinion if you can't trust the wife, or it is your only asset and have would have invested a size able amount of your wealth..then simply don't do it..it's not always about this or that document.

[whiteman]

1. Good comment Raypongchelsea and thank you for it.

No it is not my only asset I have my main investments offshore and I trust my wife/partner.

But you know 10 years here I am sure I would still live there for it will not be a big house but it will be safe and many happy memories.

I want the choice to either stay or go under my own steam and not be pushed and will make that choice at the time if it ever happens but I think I will go first but one never knows.

[falang07]

post voluntarily removed

Edited August 7, 2013 by falang07