land ownership

[LivinginKata]

Same, same wife also left property to me in her will as recommended by law firm but you will always get bush lawyers who think they know better

believe everything they read on google

I think you will find you have to sell that land/property within 1 year of your wife's death.

Quite right, the foreign husband cannot own the land and at some point the title must be transferred to a Thai person or Thai company. Not so sure the one year is correct, might be that a complaint can be lodged by any party seeking to cause trouble. And the Thai legal system would have to react. In the first year the husband has every right to hold onto and live in the property.

Agreed that the foreign husband has to sign away any rights to the land, indeed I have signed such papers in each of my wife's land purchases in her own name. This procedure is prevent any legal claims by the husband in a divorce or dispute situation. The husband still retains all the rights of a husband in the event of the wife's natural death, which is 50%, the other 50% goes to the wife's children or family.

[KarenBravo]

Foreigner must sell the land, or, transfer it to a Thai name within one year. That is the law.

[nedkellylives]

Foreigner must sell the land, or, transfer it to a Thai name within one year. That is the law.

Correct, i have been told the time can be extended if you have a problem selling the propertand are actively marketing it

Edited April 25, 2014 by nedkellylives

[NamKangMan]

Foreigner must sell the land, or, transfer it to a Thai name within one year. That is the law.

Correct

So, if your wife was to pass away before you, the land must be sold, or transfered to a Thai's name, therefore, you lose control, or majority ownership, of the land you paid for.

Doesn't sound like a very secure way to "own" land here.

What's stopping any wife from making another will, which is not disclosed to the foreigner husband, which leaves the land to her family, effectively, cutting out the foreigner completely, if a 30 year lease was not in place?

Edited April 25, 2014 by NamKangMan

[KarenBravo]

Foreigner must sell the land, or, transfer it to a Thai name within one year. That is the law.

Correct

So, if your wife was to pass away before you, the land must be sold, or transfered to a Thai's name, therefore, you lose control, or majority ownership, of the land you paid for.

Doesn't sound like a very secure way to "own" land here.

Yes........unless you have a lease, in which case, the land goes to her heirs and they have to honour the lease.

[NamKangMan]

Foreigner must sell the land, or, transfer it to a Thai name within one year. That is the law.

Correct

So, if your wife was to pass away before you, the land must be sold, or transfered to a Thai's name, therefore, you lose control, or majority ownership, of the land you paid for.

Doesn't sound like a very secure way to "own" land here.

Yes........unless you have a lease, in which case, the land goes to her heirs and they have to honour the lease.

You posted while I was editing.

What if the Thai wife makes another will, a will that is not disclosed to her foreigner husband, that is dated after the previous will, thet leaves the land/property to her family? Could this see the foreign lose his property completely, if a 30 year lease was not in place?

Also, KB, is there any legal reason why you had a "marriage ceremony" but did not procede to a "legalised marriage?"

Edited April 25, 2014 by NamKangMan

[KarenBravo]

It depends. If the land was bought after they were legally married, then the new will would only apply to her half of the property. As I said before, if there is a lease, whomever is named in the will, has to honour the lease.

Have been with the missus nigh on 17 years now. Didn't legally marry as the subject of Thai women, married to foreigners being able to own land was not clear. Now it is. They can. Just never bothered. We will marry in the future as this makes inheritance of cash assets located in other countries a bit easier.

[LivinginKata]

So, if your wife was to pass away before you, the land must be sold, or transfered to a Thai's name, therefore, you lose control, or majority ownership, of the land you paid for.

Doesn't sound like a very secure way to "own" land here.

Yes........unless you have a lease, in which case, the land goes to her heirs and they have to honour the lease.

You posted while I was editing.

What if the Thai wife makes another will, a will that is not disclosed to her foreigner husband, that is dated after the previous will, thet leaves the land/property to her family? Could this see the foreign lose his property completely?

Also, KB, is there any legal reason why you had a "marriage ceremony" but did not procede to a "legalised marriage?"

NKM - you keep on banging away with your same point of view. YES - you are CORRECT. It's not so secure to buy and keep land in Thailand.

Much the same as if you have a fall-out divorce with your home country wife in your home country. Life is tough, that's the way it is.

You choose to rent, some of us choose to buy in wife or company name. That's you choice and we don't need you banging on that we are wrong and you are right. When you are married to your life partner there are other factor to consider, like giving you wife a house and financial support on your death. If my wife died before (unlikely) then I'll get by just fine.

As for your most recent arguement. Nothing to do with any will, the husband has 50% legal right to the land/property - period. Stop fabricating new talking points.

[nedkellylives]

Foreigner must sell the land, or, transfer it to a Thai name within one year. That is the law.

Correct

So, if your wife was to pass away before you, the land must be sold, or transfered to a Thai's name, therefore, you lose control, or majority ownership, of the land you paid for.

Doesn't sound like a very secure way to "own" land here.

What's stopping any wife from making another will, which is not disclosed to the foreigner husband, which leaves the land to her family, effectively, cutting out the foreigner completely?

Thai person or company, no problem selling and making a small profit, i did not overpay like most people

If my wife passed away i would sell up here and live in Australia spending about 6 months a year here and

save a lot of money tax wise, probably buy a one bedroom apartment with a parking bay here

You seem to think most Thai people are dishonest, You are wrong its the other way aroud

[nedkellylives]

It seems to me a person who does not own property here if he can afford to or not and will never invest in property here

wants to stick his nose into other peoples business, which is nothing to do with him, especially personal relationships

should use his friend google to find out

[NamKangMan]

So, if your wife was to pass away before you, the land must be sold, or transfered to a Thai's name, therefore, you lose control, or majority ownership, of the land you paid for.

Doesn't sound like a very secure way to "own" land here.

Yes........unless you have a lease, in which case, the land goes to her heirs and they have to honour the lease.

You posted while I was editing.

What if the Thai wife makes another will, a will that is not disclosed to her foreigner husband, that is dated after the previous will, thet leaves the land/property to her family? Could this see the foreign lose his property completely?

Also, KB, is there any legal reason why you had a "marriage ceremony" but did not procede to a "legalised marriage?"

NKM - you keep on banging away with your same point of view. YES - you are CORRECT. It's not so secure to buy and keep land in Thailand.

Much the same as if you have a fall-out divorce with your home country wife in your home country. Life is tough, that's the way it is.

You choose to rent, some of us choose to buy in wife or company name. That's you choice and we don't need you banging on that we are wrong and you are right. When you are married to your life partner there are other factor to consider, like giving you wife a house and financial support on your death. If my wife died before (unlikely) then I'll get by just fine.

As for your most recent arguement. Nothing to do with any will, the husband has 50% legal right to the land/property - period. Stop fabricating new talking points.

Not really "banging away" - for me, as mentioned earlier, it's not only the lack of security, but, on a cost to benefit analysis, it's not a good financial purchase.

However, from this thread, I can see that for some, mainly those who bought in some years ago, and have a 30 year lease in place, it was the best option available and they are happy with their decision.

I'm not "fabricating" anything, in fact, I'm trying to gain knowledge, and I really do think property, in the Thai wife's name, and her will, is on topic, in relation to enduring land ownership, or use of that land, by a foreigner here.

It only takes motorbike accident and that "ownership" coiuld change very quick, for both parties, husband, and wife.

I don't see divorce in my home country as on topic - who cares? We don't live there anymore and probably like most, been there and done that. I have not bought up divorce in my home country, you have. I don't see it as relevent.

All I can say is each to their own. I'm only trying to understand why you, and some other members used the methods that you did.

If you were landing on Phuket now, with current prices and conditions, would you make the same decision to buy, and if you did, would you use the same method?

I'm just as happy to learn as much as the OP is.

You are the Mod, but feel free not to share if it's too much trouble.

[LivinginKata]

@ NKM

I am tuning out now (as a regular member) and refuse to be drawn into your usual games.

Time for me to get off the keyboard and appreciate some fresh air. Might I suggest the same to you NKM.

[NamKangMan]

Foreigner must sell the land, or, transfer it to a Thai name within one year. That is the law.

Correct

So, if your wife was to pass away before you, the land must be sold, or transfered to a Thai's name, therefore, you lose control, or majority ownership, of the land you paid for.

Doesn't sound like a very secure way to "own" land here.

What's stopping any wife from making another will, which is not disclosed to the foreigner husband, which leaves the land to her family, effectively, cutting out the foreigner completely?

Thai person or company, no problem selling and making a small profit, i did not overpay like most people

If my wife passed away i would sell up here and live in Australia spending about 6 months a year here and

save a lot of money tax wise, probably buy a one bedroom apartment with a parking bay here

You seem to think most Thai people are dishonest, You are wrong its the other way aroud

"You seem to think most Thai people are dishonest" - no Ned, I don't. That's a false assumption.

You mentioned you would buy one bedroom apartment with a parking bay. As you would be single, due to the hyperthetical passing of your wife, what method of ownership would you chose for that apartment and why?

I am not talking about profits, losses, cost of the property, location, colour etc - just what method of ownership, as a single foreigner, would you chose, and why?

[NamKangMan]

@ NKM

I am tuning out now (as a regular member) and refuse to be drawn into your usual games.

Time for me to get off the keyboard and appreciate some fresh air. Might I suggest the same to you NKM.

Yes, agreed. Will do same.

NKM out.

[nedkellylives]

You have to be able to afford property here to buy it

Its quite obvious some people cannot although they would like people to think the can

And have such a ego they think all posts refer to them but as the old saying goes if the cap fits wear it

they are like a dog with a bone and become very boring

does not even realize a foriegner can own a apartment/condo in their own name

Edited April 25, 2014 by nedkellylives

[N47HAN]

I gave this some thought before buying my home in the wifes name.

I decided in the end to take the property on a 30 year morgage ( in her name )

That way I figured if we split she can keep the house if she wants and continue the morgage payments on her own or sell for what liquidity may or may not be in the property and end the same for me as if we just rented somewhere.

Sent from my GT-N7100 using Thaivisa Connect Thailand mobile app

[KarenBravo]

Sorry, but, if the land is already in her name, what is the point of getting a 30 year lease in her name as well?

You should have put it in your name.

[stevenl]

Sorry, but, if the land is already in her name, what is the point of getting a 30 year lease in her name as well?

You should have put it in your name.

He mentioned mortgage, not lease.

[KarenBravo]

Oh yes........apologies.

[NamKangMan]

I gave this some thought before buying my home in the wifes name.

I decided in the end to take the property on a 30 year morgage ( in her name )

That way I figured if we split she can keep the house if she wants and continue the morgage payments on her own or sell for what liquidity may or may not be in the property and end the same for me as if we just rented somewhere.

Sent from my GT-N7100 using Thaivisa Connect Thailand mobile app

A friend of mine has bought some property here with a similar method.

I didn't go into it too much with him, but, basically, he said he "employs" her, somehow officially, with a salary that qualified her for a bank loan for the property he wanted.

The whole lot is in her name, and he's fine with that. If their relationship goes the distance he's happy he passes and the house is hers. I never asked about if she passes before him.

If she breaks up with him (they are not married) he'll just leave, stop paying her "salary" which is really the mortgage, and she can sell up or have the bank foreclose.

Most of the posts on this thread relate to having a Thai spouse.

What are the options for a single foreigner?

[NamKangMan]

You have to be able to afford property here to buy it

Its quite obvious some people cannot although they would like people to think the can

And have such a ego they think all posts refer to them but as the old saying goes if the cap fits wear it

they are like a dog with a bone and become very boring

does not even realize a foriegner can own a apartment/condo in their own name

Ahhh, those Thai condo's that float in mid air, but no one wants the ground floor condo because they are the ones siitting on Thai owned land - yes, I have heard about them.

[keestha]

Condominium law means that if there are say 100 units, you own 1% of the total, and you have the exclusive right to use your unit. Usually the units are apartments, but they can also be houses with a bit of land. Yes in this case a foreigner can own in his own name.

[NamKangMan]

Condominium law means that if there are say 100 units, you own 1% of the total, and you have the exclusive right to use your unit. Usually the units are apartments, but they can also be houses with a bit of land. Yes in this case a foreigner can own in his own name.

Once again, I was under the belief, so feel free to correct me if I am wrong, that 51% of the condo's and/or apartments must be Thai owned, therefore 51% of the land they sit on, is Thai owned.

[Pakeha]

Agreed that the foreign husband has to sign away any rights to the land, indeed I have signed such papers in each of my wife's land purchases in her own name. This procedure is prevent any legal claims by the husband in a divorce or dispute situation.

We just bought some land and the only document I had to sign was a document confirming we were buying the property together and to confirm the land would be matrimonial property. My wife felt this means she can't sell it without my consent. We both had to provide copies of our passports and both our names were recorded on the document. Only my wife's name is recorded on the chanote title. I was expecting to sign a declaration stating funds were exclusively my wifes or that I will make / have no claim to the land but nothing like this was presented or discussed. Curious.