My girlfriend owns land and house. We will be getting married soon and if she dies before me what happens to the house and land? We don't have a will at the moment.

So, make a will?

I would ask the question of ThaiVisa's resident suit in the Ask the Lawyer forum.

You will need to sort out an usufruct or lease (before you get married if possible) so whoever inherits the land (you can be willed it, must must sell or transfer to a Thai within 12 months) can't give you the hoof.

And yes, sort out wills.

All property owned BEFORE marriage is hers and would need to be covered under a legal will. Any property purchase after marriage falls to the surviving spouse. But if non Thai you have one year to dispose of it (it could be transferred into your joint childs name)

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I asked that same question for years..... but she never did.... so I finally just left .... sorry, I just couldn't help myself.....

I asked that same question for years..... but she never did.... so I finally just left .... sorry, I just couldn't help myself.....

Good humour!

It goes bye byes

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First, ask yourself the question "what do I want to do if my wife dies first"

If one of the answers is that you want to stay in the house then get a lease or usufruct or superficiaries sorted out and registered on the chanote at the Land Office. That will give you rights to remain in occupation irrespective of what happens to the ownership.

Beyond that it is really down to who your wife wants to inherit her property. She can rely on the laws of intestacy or she can execute a Will to bequeath the assets to whom she wishes.

What does she want to happen ?

You don't need a Will - you own nothing. She may, or may not need a Will.

First, ask yourself the question "what do I want to do if my wife dies first"

If one of the answers is that you want to stay in the house then get a lease or usufruct or superficiaries sorted out and registered on the chanote at the Land Office. That will give you rights to remain in occupation irrespective of what happens to the ownership.

Beyond that it is really down to who your wife wants to inherit her property. She can rely on the laws of intestacy or she can execute a Will to bequeath the assets to whom she wishes.

What does she want to happen ?

You don't need a Will - you own nothing. She may, or may not need a Will.

Not entirely correct, if the wife dies and there is no Will to oppose the farang husband then the husband becomes automatically the house owner particularly if he can prove that he paid for the house purchase, but the house must be sold within one year.

Should there be a Will for the benefits of the wife's family, then the family don't want the farang to remain in the house, they want him out.

A free rental agreement, or a usufruct does allow him legally to stay in the house, but will not help him because the family will put traditional Thai pressure on him in order to get him out of the house, it will be softly at the beginning, but if he does not move out then those activities will be harsh, and extremely harsh in order to get him out, if they are not successful then they will engage a rough team to get him out.

Under such continuous hassle the husband will be pleased to move out in order to reassess his respectful happy lifestyle.