I Paid For Some Land Today

[UKJASE]

Hey Guys, the thai fiance and i bought some land today, and her name is on the chanoot

we are planning to build a house on this land, but i would like to add some security into the situation, so that in the future, if we have some fights of some sort, she cannot kick me out of the house, or sell the land with the house upon it, without my consent

what options do i have (if any)?

i know an usufruct is one option, and sounds quite good as this will be attached to the chanoot held at land office, and would mean it would be difficult for her to sell

any other options available to me?

we have been together for 3 and a half years and the relationship is good, but i would like a bit more security than i have at present

[Briggsy]

It is generally done all at once.

But, if the owner of the land, your fiance agrees, the 30-year lease remains a popular option.

[UKJASE]

Thanks Briggsy.... is that the usufruct option? can one of these be sorted out before the house is built?

i read that the cost is only 100B when we are married, so this sounds like a good option

[happynthailand]

a note- don't forget if your not married to her you are SOL

on any thing bought before you are married to her,

after married 50/50

[taninthai]

from what i have read on here best to get the usufruct before you are married ,can easily be cancelled if got while married,should have done it today when you paid for land ,not difficult to do.

khun jean on here will correct me if i am wrong.

[davejones]

a note- don't forget if your not married to her you are SOL

on any thing bought before you are married to her,

after married 50/50

What's SOL?

[Satcommlee]

Are you sure you have a Chanote?

It looks like this...

There are many other Thai land titles that are not worth the paper they are written on.

I've made the mistake of building a house on land that is not really owned by the wife, she has some sort of title deed but it is worthless.. ie: I could not borrow money on the house/land.

[happynthailand]

SOL - "s**t out of luck"

[FRR]

you could put the land in my name!!!

[Briggsy]

Thanks Briggsy.... is that the usufruct option? can one of these be sorted out before the house is built?

i read that the cost is only 100B when we are married, so this sounds like a good option

No, the usufruct and the renewable 30-year lease are different.

[darren84310]

Get your girlfriend to make you a 30 year lease on the land and also make sure that you can prove that you paid for the house that will be built on it. You will legally own the house, so if there was ever a problem then she would have to buy the house from you or you could remove it. Therefore, you have double insurance, 30 year lease and house ownership.

BTW where is the land?... is it in her home town?

[kjun12]

It is always better to ask for advice before you shoot yourself in the head.

[SouthernMan3]

a note- don't forget if your not married to her you are SOL

on any thing bought before you are married to her,

after married 50/50

very true happynthailand.

One other thing.

I don't know about the OP but I trust my wife 100% and we have been together for over 10 years.

And through hellfire and brimstone and survived I might add.

If someone came to me and asked for a usufruct or a rental/lease agreement that would be a sign to me that they do not trust me.

This SHOULD have been talked about BEFORE you bought the land.

Oh when will they ever learn ?

[belg]

isnt this a double post? there is another thread 100% like this

and both send as BREAKING NEWS

section

[recycler]

Thanks Briggsy.... is that the usufruct option? can one of these be sorted out before the house is built?

i read that the cost is only 100B when we are married, so this sounds like a good option

You can not lease from you legally wedded partner. After a legal wedding (jot tabian somrot) you are entitled to half of the mutual possessions unless you write a prenuptial, but the land can't be on your side in the prenuptial.

You may be mistaken that the legal wedding will cost you a few 100 Baht in the tessbaan office.

[SouthernMan3]

Are you sure you have a Chanote?

It looks like this...

There are many other Thai land titles that are not worth the paper they are written on.

I've made the mistake of building a house on land that is not really owned by the wife, she has some sort of title deed but it is worthless.. ie: I could not borrow money on the house/land.

There exists :

Land that is bought with a paper only signed by the Pu Yai Ban or Obotau.

Land that is Sobakau.

Land that is To Bo Ha.

What you need to borrow from a bank is No So Sam Koa or Chanote.

Bear in mind that land title types can be changed with the right connections.

[belg]

land is in her name

you have 0 rights, except, you paid for it...

even you get usurfruit on your name, she can tell its her land.. you can always try to take he house from the land and bring it back to farangland

555

[fabphil]

its to late mate...if the chanotes in her name no way are u go to get that changed or otherwise ..

[cracker1]

It is probably a bit late now but you could perhaps (if your partner agrees) register a mortgage against the title. You being the Mortgagor. Then if she later wants to take over the land the mortgage would need to be repaid to you, before it could be removed from the Chanote.

[UKJASE]

Get your girlfriend to make you a 30 year lease on the land and also make sure that you can prove that you paid for the house that will be built on it. You will legally own the house, so if there was ever a problem then she would have to buy the house from you or you could remove it. Therefore, you have double insurance, 30 year lease and house ownership.

BTW where is the land?... is it in her home town?

thanks darren mate - good advice. no land is in hua hin. she is from kalasin, issan.

[UKJASE]

a note- don't forget if your not married to her you are SOL

on any thing bought before you are married to her,

after married 50/50

very true happynthailand.

One other thing.

I don't know about the OP but I trust my wife 100% and we have been together for over 10 years.

And through hellfire and brimstone and survived I might add.

If someone came to me and asked for a usufruct or a rental/lease agreement that would be a sign to me that they do not trust me.

This SHOULD have been talked about BEFORE you bought the land.

Oh when will they ever learn ?

i do trust my wife Southernman3, but we all f*** up sometimes, especially me...... just need a bit of insurance sometimes

i mean i am sure you trust your own driving skills 100%, but you would never consider driving around without insurance would you

nobody knows what the future (esp. here in thailand) will bring

[lehmann]

(sorry for my poor english)

In the day when I did (3 years ago) I asked a lawyer and said to me:

1. You can do a lease contract for 30 years and renew it each 30

2. You can also do a contract of lend money to her, that she must return you. And as a garanty, the home

It seems the 2º is better (I do not remember why) , but she must inscribe in the title property of the land. I signed this with her, although she never put in the title land she have a borrow with me. And the bad part, she must declare as an income to the government

Allow me be evil. If for any reason you need to use by the law, she is the one that have the problem if she do not declare the income. When she sign for the land property, she told she got the money by herself...so another problem for her.

Besides, I'm a full believe of the GPTLF , so....keep also something you can use in the case you need (Imagine for yourself, there are many things you can hold).

[UKJASE]

its to late mate...if the chanotes in her name no way are u go to get that changed or otherwise ..

she will agree to anything i want i think mate - i already mentioned usufruct, and she said "ok if it makes you happy, i just dont want to be giving the lawyer any money"

[ozyjon]

a note- don't forget if your not married to her you are SOL

on any thing bought before you are married to her,

after married 50/50

What does SOL stand for

[taninthai]

if you are young don't go for the 30 year lease ,usufruct better lasts a lifetime ,if your an old guy go for the lease chances are you would be dead before 30 lease expires jmo,better to just go back down land office and get usufruct costs around 100 bht ,no hassle at all.

[UKJASE]

if you are young don't go for the 30 year lease ,usufruct better lasts a lifetime ,if your an old guy go for the lease chances are you would be dead before 30 lease expires jmo,better to just go back down land office and get usufruct costs around 100 bht ,no hassle at all.

i am 42 taninthai..... do i need a lawyer to draw up a usufruct, or can i get a template online that will be accepted by the land office?

[Khonper]

a note- don't forget if your not married to her you are SOL

on any thing bought before you are married to her,

after married 50/50

What does SOL stand for

Read from beginning,have it in post 8.

Edited January 25, 2014 by Khonper

[Mrjlh]

Get a Lawyer!

[bushwacker]

Even if you trust her, if she dies say in a motorcycle accident, then you are SOL.

Even though the laws say you can get a 30 year lease or usurfrut, does not mean you can get one. Last year the land office refused both of these to me, as they did not like them. Nothing I could do or say would change their minds. Amazing Thailand.

[CDNinKS]

UKJASE,

just to let you know that a usufruct at the Hua Hin land office will cost you. There really is no charge or maybe a nominal 100 baht fee, but in HH there is the Tea money fee. A few years ago it cost me 10,000 baht.

There are a few misconceptions about usufructs and leases.

Usufruct loosely translated means "use of the fruits of the land" meaning that you have sole right on how the land is managed/used. For example if you planted pineapples on the land you are entitled to the produce. There are some stipulations of course, technically you need to return the land in its original state at the end of the usufruct, so for example you could not use the land for a quarry and dig all the dirt out and leave a big hole.

A Usufruct obtained after you are legally married can be cancelled by your wife, so getting it before the marriage is the only sure way to protect yourself. A Usufruct is valid for your lifetime ( or for the time you stipulate)

A lease is ok, but the land office will ask for tax to be paid on the lease fee, not sure on the rate as I don't have a lease.

Your GF will always own the land and she could sell it, but who would buy it if there is a usufruct registered on it. It also can not be used as security for a mortgage or loan at a bank as the bank considers it worthless in event of a default on the loan.

Usufruct in Thai is: สิทธิสัญญาเก็บเก็บ

As mentioned, a house is a separate thing, you need to show proof of who built it to prove ownership. The Tambien Baan has no bearing on who actually owns the house.

Edited January 25, 2014 by CDNinKS