Asset goes to who?

[Smokemachine]

I'm already married with my Thai wife with officially Thai marriage certificate. She has a land under her name. Under Thai law, the land will give to her sibling but not me. Does this law still ongoing?

[Soutpeel]

as a foreigner you cannot own land, and this law is not set to change certainly in your life time...its her land and she can will it to who ever she chooses provided they are a Thai national, so yes she can will it to her sibling...

[farang000999]

Why would farang be allowed to own land in Thai-Land?

Remember, you are just a guest.

[yourauntbob]

I am in a similar situation, we are in the process of taking out a life insurance policy so in case the worst was to happen I would get a cash payment to compensate for my financial losses. Unless your missus is stricken with cancer or in her senior years the insurance isnt very expensive. If you have kids then you can have the house go to them.

Edited September 2, 2013 by yourauntbob

[Mario2008]

A foreigner canot own land in Thailand, but you can inherit the land. When that day fianlly comes you will need to seel the land within 1 year and pocket the proceeds.

If you want to live on te land it might be better to get a usefruct and have the misses give the land upon her death to her children with the usefruct on it, meaning that they own the land but you have the right to use the land.

[n210mp]

If the land is in your wife's name and she leaves it to you a will , then no, you cannot own the land but you are given one year to dispose of the land/asset as far as I can understand from the many threads on this subject..

Sorry Mario didn't see your post until after I had posted mine.

Edited September 2, 2013 by n210mp

[AyG]

It depends on whether your wife has made a legally binding will. If so, the land will go to whoever she has bequeathed it to. If not, the intestacy laws kick in, and (assuming there are no children, parents or other siblings), half the estate will go to the sister and half to the husband. Then, either the sister could buy you out, or the land would have be sold within (as Mario wrote) one year, and you'd get half the proceeds.

[HeijoshinCool]

Why would farang be allowed to own land in Thai-Land?

Remember, you are just a guest.

Some of us are hostages ....

[soomak]

Why would farang be allowed to own land in Thai-Land?

Remember, you are just a guest.

The same reason you can own land in the US, Canada and dozens of other countries.

[topt]

It depends on whether your wife has made a legally binding will. If so, the land will go to whoever she has bequeathed it to. If not, the intestacy laws kick in, and (assuming there are no children, parents or other siblings), half the estate will go to the sister and half to the husband. Then, either the sister could buy you out, or the land would have be sold within (as Mario wrote) one year, and you'd get half the proceeds.

Ayg - or someone who definitely knows - curious if you know what the actual intestacy order is - does it go parents first? And if so what happens if the parents are separated and or one of them deceased and there are children from a different father?

[AyG]

See http://www.thailandlaw.org/intestate-succession-in-thailand.html

[rayongchelsea]

Equal shares to existing ( surviving) parents, children and spouse..

2 parents, 2 children, 1 spouse = 20% each beneficiary.

[btwretail]

Wondering if any Farang, has ever walked away with assets from a Thai marriage?

[Soutpeel]

Why would farang be allowed to own land in Thai-Land?

Remember, you are just a guest.

Some of us are hostages ....

...how many BiB do you have in the family ?

Sorry..

[Soutpeel]

Wondering if any Farang, has ever walked away with assets from a Thai marriage?

There are many farangs who do walk away with 50% of martial assets...its just the land they will not be getting

Thai divorce law is pretty straightforward and fair in the regard and there is typically no bia's from the courts...

so sorry to burst the myth...

[rayongchelsea]

Wondering if any Farang, has ever walked away with assets from a Thai marriage?

There are many farangs who do walk away with 50% of martial assets...its just the land they will not be getting

Thai divorce law is pretty straightforward and fair in the regard and there is typically no bia's from the courts...

so sorry to burst the myth...

Why do farangs just assume that there is a complete bias against them in law specifically when dealing with marriage. It must be that they have been so worn down or told the usual crap by the ex that they feel they have no rights..

Racism exists, corruption exists but if you are entitled to 50% of the assets you are entitled to them. That is the law..use it..

[swissie]

Wondering if any Farang, has ever walked away with assets from a Thai marriage?

There are many farangs who do walk away with 50% of martial assets...its just the land they will not be getting

Thai divorce law is pretty straightforward and fair in the regard and there is typically no bia's from the courts...

so sorry to burst the myth...

Why do farangs just assume that there is a complete bias against them in law specifically when dealing with marriage. It must be that they have been so worn down or told the usual crap by the ex that they feel they have no rights..

Racism exists, corruption exists but if you are entitled to 50% of the assets you are entitled to them. That is the law..use it..

This will put the Farangs mind at ease.

After having paid 100% for the "asset" to begin with and receiving 50% when things turn sour, this represents only a loss of 50%. This must be the reason, why so many seasoned farang-investors buy land for the Thai-"Wifey".

Cheers.

[Soutpeel]

After having paid 100% for the "asset" to begin with and receiving 50% when things turn sour, this represents only a loss of 50%. This must be the reason, why so many seasoned farang-investors buy land for the Thai-"Wifey".

Err...50% spilts are common in farangland dear boy, sometimes the husband loses a lot more..and in a lot of cases its the husband who has paid 100% for a particular asset...its the price that comes with marriage...

Foreigners come to Thailand, in most cases knowing they cant own land, but yet they still put said land in "wifey's" name..its the chance you take,...its an informed desicion, so one cannot come back after the fact bleating on they have been screwed out of money...you knew what you were getting into in the first place...

[rayongchelsea]

Exactly you should know that you may only get 50% of some assets. The problem is that most farangs know f..k all about the law when they marry, about when they purchase property etc..

You could argue given this that the foreigner gets some protection from themselves and probably more than he would get in the west.

[swissie]

After having paid 100% for the "asset" to begin with and receiving 50% when things turn sour, this represents only a loss of 50%. This must be the reason, why so many seasoned farang-investors buy land for the Thai-"Wifey".

Err...50% spilts are common in farangland dear boy, sometimes the husband loses a lot more..and in a lot of cases its the husband who has paid 100% for a particular asset...its the price that comes with marriage...

Foreigners come to Thailand, in most cases knowing they cant own land, but yet they still put said land in "wifey's" name..its the chance you take,...its an informed desicion, so one cannot come back after the fact bleating on they have been screwed out of money...you knew what you were getting into in the first place...

As opposed to your assumption, I myself am not involved in any "Asset-Dispute", and never have been.

Yes, in Farangland the 50% split is usually applied. This after many years where the wife has contributed her share to the accumulation of "Common-Wealth" during the marriage. (Wife has a job and contributes her share to the "Common-Wealth".) So a 50% split is reasonable.

The question that now must arise is this: How much has Thai-Wifey & family been able (and been willing) to contribute to the "Common-Wealth" of the happy couple? In most cases, the mathematics are not really in favor of the farang and can hardly be compared to an "European-Situation".

As to "Informed decision": A good part of those Isaan-Farang-Mansions would never have been built, if based on an "informed decision". Based on something else, I suppose.

Cheers.

[Cheapcharly]

best way to live in Thailand is to not buy any land at all... And rent, or get a condo to your name.

So if miss leave, u don't lose anything. Right?

If you buy a condo to your wife, you inherit the condo and no need to sell it as you can own it. Still some condos are for thai only. So what happen in this case?

Edited September 3, 2013 by Cheapcharly

[AnotherOneAmerican]

It depends on whether your wife has made a legally binding will. If so, the land will go to whoever she has bequeathed it to. If not, the intestacy laws kick in, and (assuming there are no children, parents or other siblings), half the estate will go to the sister and half to the husband. Then, either the sister could buy you out, or the land would have be sold within (as Mario wrote) one year, and you'd get half the proceeds.

Ayg - or someone who definitely knows - curious if you know what the actual intestacy order is - does it go parents first? And if so what happens if the parents are separated and or one of them deceased and there are children from a different father?

Inheritance of Thai wife personal property

Spouse gets 50%, other 50% divided in equal shares between the next highest level, parents only get if no children .....

1 Children

2 Parents

3 Full Siblings

4 Partial Siblings

etc.

Absolutely nothing to stop a foreigner spouse inheriting.

In the case of foreigner spouse + his Thai children. No way in Thai law he can be forced to sell.

Not to be confused with inheritance of joint marital property where each spouse owns 50% of the assets.

In which case the inheritance only divides her 50%, so surviving spouse owns 50% + 25% = 75% of assets.

So a house bought using a home loan and paid off during the marriage, foreigner gets 75%, 25% divided.

@KevinLow, the question is who paid for the land and when?

If owned by her before your marriage, 50% for you.

If purchased after the marriage, and no money trail to prove 100% her money used, 75% for you.

Edited September 3, 2013 by AnotherOneAmerican

[Smokemachine]

It depends on whether your wife has made a legally binding will. If so, the land will go to whoever she has bequeathed it to. If not, the intestacy laws kick in, and (assuming there are no children, parents or other siblings), half the estate will go to the sister and half to the husband. Then, either the sister could buy you out, or the land would have be sold within (as Mario wrote) one year, and you'd get half the proceeds.

Ayg - or someone who definitely knows - curious if you know what the actual intestacy order is - does it go parents first? And if so what happens if the parents are separated and or one of them deceased and there are children from a different father?

Inheritance of Thai wife personal property

Spouse gets 50%, other 50% divided in equal shares between the next highest level, parents only get if no children .....

1 Children

2 Parents

3 Full Siblings

4 Partial Siblings

etc.

Absolutely nothing to stop a foreigner spouse inheriting.

In the case of foreigner spouse + his Thai children. No way in Thai law he can be forced to sell.

Not to be confused with inheritance of joint marital property where each spouse owns 50% of the assets.

In which case the inheritance only divides her 50%, so surviving spouse owns 50% + 25% = 75% of assets.

So a house bought using a home loan and paid off during the marriage, foreigner gets 75%, 25% divided.

@KevinLow, the question is who paid for the land and when?

If owned by her before your marriage, 50% for you.

If purchased after the marriage, and no money trail to prove 100% her money used, 75% for you.

I didn't buy any land for her. She got this land by transfer name from her parent. I just fork out some cash renovate the existing house in this land. I just wondering will I get hold of this land or partially if she has any mishap or we are divorce. By the way she has few siblings as well.

[AnotherOneAmerican]

I didn't buy any land for her. She got this land by transfer name from her parent. I just fork out some cash renovate the existing house in this land. I just wondering will I get hold of this land or partially if she has any mishap or we are divorce. By the way she has few siblings as well.

You will inherit 50% of the land.

Unless she makes a will stating different.

Edited September 4, 2013 by AnotherOneAmerican

[Smokemachine]

I didn't buy any land for her. She got this land by transfer name from her parent. I just fork out some cash renovate the existing house in this land. I just wondering will I get hold of this land or partially if she has any mishap or we are divorce. By the way she has few siblings as well.

You will inherit 50% of the land.

Unless she makes a will stating different.

Ok so mean that it will automatically 50% goes to me if she has never make any will. Regardless who divorce who right? Once I hold the 50% of the land,I need to sell off within a year. Am I right to said that? But what if the scenario is I want to sell off my 50% of the land but the other 50% from her siblings do not want sell. What will be the outcome? Can I just proceed to sell off the land and claim my 50% share. Or is there any law stated if their 50% share do not want sell the land, there is nothing I can do. Pls advice me thanks

[AnotherOneAmerican]

I didn't buy any land for her. She got this land by transfer name from her parent. I just fork out some cash renovate the existing house in this land. I just wondering will I get hold of this land or partially if she has any mishap or we are divorce. By the way she has few siblings as well.

You will inherit 50% of the land.

Unless she makes a will stating different.

Ok so mean that it will automatically 50% goes to me if she has never make any will. Regardless who divorce who right? Once I hold the 50% of the land,I need to sell off within a year. Am I right to said that? But what if the scenario is I want to sell off my 50% of the land but the other 50% from her siblings do not want sell. What will be the outcome? Can I just proceed to sell off the land and claim my 50% share. Or is there any law stated if their 50% share do not want sell the land, there is nothing I can do. Pls advice me thanks

You get nothing on divorce, can only inherit.

They don't enforce the selling of inherited land.

(Well, I have no examples of such a thing happening)

Children under 20 years can't sell land they own, nor can anyone make them.

[Smokemachine]

I didn't buy any land for her. She got this land by transfer name from her parent. I just fork out some cash renovate the existing house in this land. I just wondering will I get hold of this land or partially if she has any mishap or we are divorce. By the way she has few siblings as well.

You will inherit 50% of the land.

Unless she makes a will stating different.

Ok so mean that it will automatically 50% goes to me if she has never make any will. Regardless who divorce who right? Once I hold the 50% of the land,I need to sell off within a year. Am I right to said that? But what if the scenario is I want to sell off my 50% of the land but the other 50% from her siblings do not want sell. What will be the outcome? Can I just proceed to sell off the land and claim my 50% share. Or is there any law stated if their 50% share do not want sell the land, there is nothing I can do. Pls advice me thanks

You get nothing on divorce, can only inherit.

They don't enforce the selling of inherited land.

(Well, I have no examples of such a thing happening)

Children under 20 years can't sell land they own, nor can anyone make them.

Ok so I can only inherit 50% share of the land if my wife pass away before me but not in divorce case,right? You mention they don't enforce the selling of inherited land which mean?? Can I proceed selling the land even the siblings disagree?

It's good to know more info regarding the Thai law for marriage people

[rayongchelsea]

I think you have to sell the land as the land department will only allow your name on the chanote as the administrator of the estate.if just a beneficiary they will decline to do so.( my actual experience).

take your time to go thru probate so as to allow you time to sort yourself out ( never rush) so the 1 year limit is flexible.

[Smokemachine]

I think you have to sell the land as the land department will only allow your name on the chanote as the administrator of the estate.if just a beneficiary they will decline to do so.( my actual experience).

take your time to go thru probate so as to allow you time to sort yourself out ( never rush) so the 1 year limit is flexible.

Ok thanks