Land purchased with falang and Thai wife?

[aussieinthailand]

Ok I know that us x-pats can not legally own land outright in Thailand,

But a business with 51%/49% falang/thai can own land, correct?

My question is, I believe that when a falang and Thai married couple wish to buy land that the falang must sign a document, affidavit, Stat-Dec, stating that the money used to buy the land is not from the falang there for nullifying any possible future claim by the falang in case of divorce, or death, incapacitation, and negotiating a way around the 50/50% of ownership of assets of a married couple?

Is this document a legal document and can it be contested in court? and is it also possible that land purchased can be seized by government as an illegal land purchase by a non Thai?

I'd rather not go the lease or usufruct way but if I have no other choice then ok, Just I'd like to protect our assets from any possible long lost Thai uncle/aunty seeing a quick few baht.

[FiftyTwo]

buy using a home loan in her name.

minimum deposit, minimum repayments, maximum term.

then she needs you.

ps

you make the repayments, from your bank direct to loan bank.

let her, subsequently, try to prove in court it isnt marital property.

Edited January 10, 2014 by FiftyTwo

[holeyman1]

Usufruct is the way to go

Land in the misses name

Build something on it with your name

that way either will require both parties

agreement, yes?

"keyboard warrior" was here!

[wym]

just say no and rent

give her periodic outright gifts of cash as you feel inclined over time so it's clear, let her do what she likes to "invest" it, or spend, it's hers after all

if you do the house/land thing, don't even think about getting it back, consider all such outgoings as expenses, not investments

[aussieinthailand]

Thanks for the advice cheers,

My wife and I are quite happy together, so it's not a devoice thing, Just like I said just trying to protect assets from the long lost Thai uncle/aunty,

this goes for family home as well as business we have here.

[Issangeorge]

A friend of mine was in the same position, he wanted to protect his wife from relatives hounding her to sell the house, so hr went the usufruct way.

Sent from my i-mobile IQ X using Thaivisa Connect Thailand mobile app

[rct99q]

Thanks for the advice cheers,

My wife and I are quite happy together, so it's not a devoice thing, Just like I said just trying to protect assets from the long lost Thai uncle/aunty,

this goes for family home as well as business we have here.

Please do not take this the wrong way but I am curious as to how a long lost relative could obtain any of your assets without your wife knowing or helping? As you state you are happy so really no need to go to extreme measures to protect something your wife is willing to protect.

Just curious as I have a wife and children here, 2 homes, vehicles bla bla bla and have never considered this. So I am curious as to how extended family could obtain your assets?

[robblok]

Thanks for the advice cheers,

My wife and I are quite happy together, so it's not a devoice thing, Just like I said just trying to protect assets from the long lost Thai uncle/aunty,

this goes for family home as well as business we have here.

Please do not take this the wrong way but I am curious as to how a long lost relative could obtain any of your assets without your wife knowing or helping? As you state you are happy so really no need to go to extreme measures to protect something your wife is willing to protect.

Just curious as I have a wife and children here, 2 homes, vehicles bla bla bla and have never considered this. So I am curious as to how extended family could obtain your assets?

Its easy... the moment they like the family more as you then your screwed. Happens a lot in certain kind of relations. If your not in one of those no worries. (you know the kind where your money was and is the reason she is with you signs often are paying wife a salary and such)

[oogster8]

sound like u need protection from your wife. just go get a condo or rent. if your wife really pushes this you got a digger of the gold-me thinks.

Edited January 11, 2014 by oogster8

[robblok]

That does not mean its not prudent to build in some protection even against the wife just as you would do in the west.

[PeVee1st]

Are you from the Udon Thani area, if so be very afraid, there is a little "cottage" industry going on here with the local gals. Get a farlang, legally marry him, talk him into buying land and build a house, then divorce him and take the house, land & car.

I know too well the divorce laws in Thailand, but my lawyer has many such cases awaiting trial where the young lady has tried to sell the lot.

The girls here believe that because all the property is in her name then she is the owner and can do what she wants.

I know what they are attempting is not the law, but in some areas of Udon it is quite common.

A friend of mine says, if you live in it, fly or f---k it then renting is the way to go.

[chubbychops]

OK fellas.....this is how it is. If your Thai "wife" is from the hills, is 30 years your junior, and can only say "I like strawberrreiiieeeeeeeeeeee" you can bet your knickers she's with you for one reason and one reason only. How many Thai girls really want to have a 300 pound falang huffing and puffing away like some castrated bull in their beds....it's all about the moneeeeeee. WHAT, NOT ME say you?! .....right.

[aussieinthailand]

Yu'p thanks guys for your advice, I guess I should clarify a little more,

what I mean is the so called document an ex-pat is required to sign stating I have no claim on any land purchased as I did not provide money for the purchase, therefor side stepping the 50% married couple assets laws, and if so can it be contested if need be?

If for instance my wife died or was incapacitated from illness or accident would a family home and business be awarded to me the husband and I can sell as I see fit or keep or 50% given to relative's (long lost uncle/aunty) We don't have kids so that option of assets in kids name is not possible at the moment.

My wife is an educated woman and enjoys achieving her goals under her own steam so not a gold digger, and she putts money in my wallet rather than taking it out.

[SOTIRIOS]

...why is it stated that "Oh, this is just a formality" "This is the law" "You must sign away any right or claim to the house or she cannot buy"....

...it really seems like a state-sponsored scam....

[marioc]

buy using a home loan in her name.

minimum deposit, minimum repayments, maximum term.

then she needs you.

ps

you make the repayments, from your bank direct to loan bank.

let her, subsequently, try to prove in court it isnt marital property.

If she hasn't any assets, land.... to give to the bank as garantee, how is it possible that the bank gants her a loan to buy a house?

I am just asking 'cause I am not aware about anything on this is matter and your solution loooks a real good one.

Thank you in advance for repying.

[oogster8]

why doesnt op just let wife buy the house and land in her name. For all intensive purposes its going to be hers.

[RogueLeader]

Thai law will never, under any circumstances, settle in your favour against a Thai national. Anyone who tells you otherwise is either deluded or trying to con you. Forget any idea of legal protection, because in Thailand you have none.

[Neeranam]

buy using a home loan in her name.

minimum deposit, minimum repayments, maximum term.

then she needs you.

ps

you make the repayments, from your bank direct to loan bank.

let her, subsequently, try to prove in court it isnt marital property.

If she hasn't any assets, land.... to give to the bank as garantee, how is it possible that the bank gants her a loan to buy a house?

I am just asking 'cause I am not aware about anything on this is matter and your solution loooks a real good one.

Thank you in advance for repying.

Most banks, as far as I know only ask for 6 months of statements from a Thai. Most wives would have their husband pay in to their account for 6 months.

Get a pre nuptial. A friend of mine just got divorced and got 5 million baht from the selling of his house and land.

[Neeranam]

Thai law will never, under any circumstances, settle in your favour against a Thai national. Anyone who tells you otherwise is either deluded or trying to con you. Forget any idea of legal protection, because in Thailand you have none.

Total rubbish.

[BlackJack]

Thanks for the advice cheers,

My wife and I are quite happy together, so it's not a devoice thing, Just like I said just trying to protect assets from the long lost Thai uncle/aunty,

this goes for family home as well as business we have here.

PM me if you want to be sure

[BlackJack]

Thai law will never, under any circumstances, settle in your favour against a Thai national. Anyone who tells you otherwise is either deluded or trying to con you. Forget any idea of legal protection, because in Thailand you have none.

Total rubbish.

agree and we have won a few cases to prove it

the law is still the law

dont sign anything in Thai that you cant read or understand

as you dont know if your partner is slipping in a Power of Attorney doc that can be used to sell your assets

spend a few bahts and get everything checked and signed off otherwise you could lose the lot

[Notable]

Personally I find the ladyboys very trustworthy, when It comes to land deals. Move one in for a while.

[lineofentry]

Buy the land in wife's name, mortage it to the hilt, get most of your money back, pay as you go, everybody nice to you.

[FiftyTwo]

That does not mean its not prudent to build in some protection even against the wife just as you would do in the west.

There is no protection against your wife in the west, except in your mind.

[FiftyTwo]

buy using a home loan in her name.

minimum deposit, minimum repayments, maximum term.

then she needs you.

ps

you make the repayments, from your bank direct to loan bank.

let her, subsequently, try to prove in court it isnt marital property.

If she hasn't any assets, land.... to give to the bank as garantee, how is it possible that the bank gants her a loan to buy a house?

I am just asking 'cause I am not aware about anything on this is matter and your solution loooks a real good one.

Thank you in advance for repying.

The house is her asset, her wage slips (6 month) are a demonstration she can repay the loan.

25k/month will get her a loan of 1M5.

She has no job? a large developer wanting to sell their houses will have a way around this small problem.

[RicePudding]

Yu'p thanks guys for your advice, I guess I should clarify a little more,

what I mean is the so called document an ex-pat is required to sign stating I have no claim on any land purchased as I did not provide money for the purchase, therefor side stepping the 50% married couple assets laws, and if so can it be contested if need be?

If for instance my wife died or was incapacitated from illness or accident would a family home and business be awarded to me the husband and I can sell as I see fit or keep or 50% given to relative's (long lost uncle/aunty) We don't have kids so that option of assets in kids name is not possible at the moment.

My wife is an educated woman and enjoys achieving her goals under her own steam so not a gold digger, and she putts money in my wallet rather than taking it out.

If your wife dies (touch wood) and she has children (yours or someone else's) and you are legally married, the house would be split equally between you and the kids. If she has no kids then you inherit the house unless she wills it to someone else. You have 12 months after her death to dispose of the house (you cannot keep it). This is advise I received from a lawyer as we were in a similar boat. You can also get your wife to write a will leaving you the house, just to be sure, which is what we did.

Edit:

This was a three years ago and things may have changed. I would recommend getting advise from a lawyer to be sure.

Edited January 11, 2014 by RicePudding

[FiftyTwo]

Yu'p thanks guys for your advice, I guess I should clarify a little more,

what I mean is the so called document an ex-pat is required to sign stating I have no claim on any land purchased as I did not provide money for the purchase, therefor side stepping the 50% married couple assets laws, and if so can it be contested if need be?

If for instance my wife died or was incapacitated from illness or accident would a family home and business be awarded to me the husband and I can sell as I see fit or keep or 50% given to relative's (long lost uncle/aunty) We don't have kids so that option of assets in kids name is not possible at the moment.

My wife is an educated woman and enjoys achieving her goals under her own steam so not a gold digger, and she putts money in my wallet rather than taking it out.

If your wife dies (touch wood) and she has children (yours or someone else's) and you are legally married, the house would be split equally between you and the kids. If she has no kids then you inherit the house unless she wills it to someone else. You have 12 months after her death to dispose of the house (you cannot keep it). This is advise I received from a lawyer as we were in a similar boat. You can also get your wife to write a will leaving you the house, just to be sure, which is what we did.

Your lawyer was wrong in many ways.

Most important being, with no children and no will, property is split 50/50 between husband and other family members.

[RicePudding]

Yu'p thanks guys for your advice, I guess I should clarify a little more,

what I mean is the so called document an ex-pat is required to sign stating I have no claim on any land purchased as I did not provide money for the purchase, therefor side stepping the 50% married couple assets laws, and if so can it be contested if need be?

If for instance my wife died or was incapacitated from illness or accident would a family home and business be awarded to me the husband and I can sell as I see fit or keep or 50% given to relative's (long lost uncle/aunty) We don't have kids so that option of assets in kids name is not possible at the moment.

My wife is an educated woman and enjoys achieving her goals under her own steam so not a gold digger, and she putts money in my wallet rather than taking it out.

If your wife dies (touch wood) and she has children (yours or someone else's) and you are legally married, the house would be split equally between you and the kids. If she has no kids then you inherit the house unless she wills it to someone else. You have 12 months after her death to dispose of the house (you cannot keep it). This is advise I received from a lawyer as we were in a similar boat. You can also get your wife to write a will leaving you the house, just to be sure, which is what we did.

Your lawyer was wrong in many ways.

Most important being, with no children and no will, property is split 50/50 between husband and other family members.

Edit:

Actually he didn't say all that. My wife has a child with someone else and we just dealt with that scenario. The no children part was a confused memory on my part. Sorry.

Edited January 11, 2014 by RicePudding

[FiftyTwo]

Yu'p thanks guys for your advice, I guess I should clarify a little more,

what I mean is the so called document an ex-pat is required to sign stating I have no claim on any land purchased as I did not provide money for the purchase, therefor side stepping the 50% married couple assets laws, and if so can it be contested if need be?

If for instance my wife died or was incapacitated from illness or accident would a family home and business be awarded to me the husband and I can sell as I see fit or keep or 50% given to relative's (long lost uncle/aunty) We don't have kids so that option of assets in kids name is not possible at the moment.

My wife is an educated woman and enjoys achieving her goals under her own steam so not a gold digger, and she putts money in my wallet rather than taking it out.

If your wife dies (touch wood) and she has children (yours or someone else's) and you are legally married, the house would be split equally between you and the kids. If she has no kids then you inherit the house unless she wills it to someone else. You have 12 months after her death to dispose of the house (you cannot keep it). This is advise I received from a lawyer as we were in a similar boat. You can also get your wife to write a will leaving you the house, just to be sure, which is what we did.

Your lawyer was wrong in many ways.

Most important being, with no children and no will, property is split 50/50 between husband and other family members.

Is there any documentation online confirming this? This lawyer is by far the best and most educated lawyer I have dealt with in Thailand. What else do you believe is wrong with this? I plan on talking to him on Monday to get more information.

I believe the info is on Issanlawyers or Siamlawyers web site in English.

The relatives it is split with having an order of precedence, if none in the top order, it moves down a rank.

So intestate deaths, 50% spouse with the other 50% divided equally between,

1 children

2 parents (if no children)

3 siblings full blood (if no parents)

4 siblings half blood (etc.)

5 blah, blah

But remember this is only for assets owned solely by the dead spouse.

If the property is jointly owned, you already own 50%, so the property would be split 75% surviving spouse, 25% divided between relatives.

Edited January 11, 2014 by FiftyTwo

[aussieinthailand]

Thanks for the advice cheers,

My wife and I are quite happy together, so it's not a devoice thing, Just like I said just trying to protect assets from the long lost Thai uncle/aunty,

this goes for family home as well as business we have here.

Please do not take this the wrong way but I am curious as to how a long lost relative could obtain any of your assets without your wife knowing or helping? As you state you are happy so really no need to go to extreme measures to protect something your wife is willing to protect.

Just curious as I have a wife and children here, 2 homes, vehicles bla bla bla and have never considered this. So I am curious as to how extended family could obtain your assets?

Plenty of helpful advice here thanks

My wife and I do not have kids at the moment so assets in kids name not an option at the moment, and not so many years age between us.

I was just wondering if something like an accident (heaven forbid) and I was left alone with house and (business in her name) but acquired after marriage.

house and land not yet established but will happen soon so again acquired during marriage, hens my question is the so-called document singing stating that I would have no claim on the land therefor not entitled to 50% of that asset? is it a true and real legally binding document? and can it be contested?