Girlfriend owns land and house, Will we have any problems if we marry?

[TommyUK1960]

My girlfriend owns land and house, If we marry are we going to have any problems as regards ownership of house and land?

[96tehtarp]

Your soon to be wife is absolutely allowed to own property when you marry.

What problems were you expecting to have?

[AnotherOneAmerican]

No, it's her house and she can say, "get out of my house" at any time and have the police remove you.

But joking aside.

Great, if you really want to live there, and it has everything you need.

(internet that works, close enough to town, no problem neighbours, reliable water and electricity)

Disaster, if you are only there because she already owns it.

(no internet, too far to drive to town, water off every other week, electricity down every thunderstorm, pig farm next door)

[Lite Beer]

No problems. Everything is hers married or not.

[Bung]

You bought her a house. It's hers and it will be hers after you marry her.

If you bought it after you were married you could have claimed half of it in a divorce.

Good luck.

[Emster23]

Does cut out a few steps if divorce ever happens. I wouldn't worry. As long time reader of TV I can say I have never heard of problem regarding property and Thai wife. They are meek and mild and smooth as silk. Have to find something else to worry about.

[brd]

the major problem is foreigner can NOT own land directly and if through wife it is against the Thai laws....as foreign husband treated as a nominee except if she is allowed proving husband had nothing to do with its financing....that is the reality regardless of other living in considerations mentionned.

[TommyUK1960]

I have to clarify: I am not worried about divorce as it is her property /land anyway. What worries me if she dies before me and the dreaded family leaches come and kick me out. Her immediate family are OK (mom, dad and brother) but extended family are hard core leaches. The one advantage I have is we are long distance away from the family.

[sanuk711]

I have to clarify: I am not worried about divorce as it is her property /land anyway. What worries me if she dies before me and the dreaded family leaches come and kick me out. Her immediate family are OK (mom, dad and brother) but extended family are hard core leaches. The one advantage I have is we are long distance away from the family.

What would you want Tommy---that you should own your girlfriends house if she dies....??

Maybe clarify --did you pay for the land , or for the house to be built ???

If you are about to marry---ask for a 30 year lease.

Edited July 18, 2014 by sanuk711

[96tehtarp]

the major problem is foreigner can NOT own land directly and if through wife it is against the Thai laws....as foreign husband treated as a nominee except if she is allowed proving husband had nothing to do with its financing....that is the reality regardless of other living in considerations mentionned.

Yes, sort of.

When you marry unless you have a prenuptial agreement stipulating otherwise, all property and debt gets split 50/50 upon divorce. This includes property like land.

If awarded land outright by way of divorce the foreigner cannot own the land but he can be given time to dispose of his portion of it. In any case it could take a very long time to dispose of the property and the other half would have to agree to the selling price unless it was part of the divorce agreement.

In this way the foreigner will never own the land, but he will have rights attached to it.

Also if a Thai wife wished to leave a foreigner land she owns through a will she can do that. Upon her death the foreigner won't ever be able to own the land but he will have rights to it.

The nominee issue wouldn't likely come into play unless there were either many properties involved and or the Thai wife had no real relationship with her foreign husband other than her name on a marriage certificate and the title deeds. Most often the nominee problem applies to Thai companies set up to own property and the Thai shareholders are listed on 100's of different companies that all own properties for foreigners.

[BangkokRulez]

Please explain. Why should she marry you if she already owns land and house?

[jack71]

Please explain. Why should she marry you if she already owns land and house?

maybe she loves him????

[96tehtarp]

I have to clarify: I am not worried about divorce as it is her property /land anyway. What worries me if she dies before me and the dreaded family leaches come and kick me out. Her immediate family are OK (mom, dad and brother) but extended family are hard core leaches. The one advantage I have is we are long distance away from the family.

I did not see this post when I replied earlier.

You have two main options. A prenuptial and a will. The prenuptial needs to be done before you marry.

I'm glad you're not worried about divorce, however it is always a good thing to know what would happen if that ever did ahppen.

In Thailand if you have NOT made a Last Will or Testament, or valid will, the law (intestacy rules) will determine what happens to your assets when you die. Under Thai inheritance laws this generally means that the assets will be distributed among the statutory heirs. Under section 1629 of the Civil and Commercial Code of Thailand there are 6 classes of statutory heirs and they are entitled to inherit in the following order:

1.) descendants

2.) parents

3.) brothers and sisters of full blood

4.) brothers and sisters of half blood

5.) grandparents

6.) uncles and aunts

7.) The surviving spouse is a statutory heir, subject to the special provisions of Section 1635 Civil and Commercial Code.

Spouses are at the bottom of the list. Even Thai spouses are at the bottom of the list.

You can do a simple will at your local Amphoe when you get married. No need for a lawyer. It costs almost nothing to do and the process is very simple.

Talk to your wife about how you want each other to live if one of you passes away first.

I've had several elderly western friends who were predeceased by their younger Thai wives and got a shock when 1-6 above came for their take.

[Pattaya Pat]

Please explain. Why should she marry you if she already owns land and house?

maybe she loves him????

Haha!

[NoshowJones]

Please explain. Why should she marry you if she already owns land and house?

My wife married me after she owned the house, land, and truck, oh, and motorbikes. It's called true love.

[Borzandy]

"Will we have any problems if we marry?" the answer is definitely yes.

[belg]

did you pay for that home , house, land ? is the question

[Emster23]

"When you marry unless you have a prenuptial agreement stipulating otherwise, all property and debt gets split 50/50 upon divorce. This includes property like land."

I thought that only applied to assets acquired after the marriage, not before. Am I in error?

[khunPer]

It is always a good idea to make a prenuptial agreement before/upon marriage; therein you can state that what each part brings into the marriage, the outcome thereof or whatever may replace it – like your GF's house & land, and whatever you may own – each part can take out. Only what acquired during marriage shall be split 50/50 (or whatever you agree) in case of divorce.

Be aware of that lease agreement or usufruct agreement may have to be done before marriage, to be approved by Land Department – however some says, that any agreement between husband & wife are void (after marriage). Always advisable to consult a lawyer.

Wish you good luck...

[ldnguy]

Lots of jealous and bitter farangs on here. What happened? Did you buy your gf a house and she left you? This guy's gf owns a house and land. Why is that so difficult for many of you to understand? Many Thai women own houses and condos that they bought themselves with mortgage from working in office or other places. It's very common here. What is less common is farangs meeting these women. Clue: you won't meet these women in Soi Nana or Soi Cowboy.

[BarnicaleBob]

I did what you speak of nearly five years ago. When I met my soon to be wife she already owned a house and a car free and clear. Being that the house was in a nice location with good services Internet and such, I saw no need to live anywhere else. After marriage she added me to her house book and I received a yellow book on the house.

My position on this is that I came into the marriage without a house and should it end by death or divorce I leave it without a house. No big loss to me. We did discuss the matter and she said she would like the house to go to her daughter if she dies before me. Which is not loss to me, I came into the marriage without a house and would not feel a loss not having it after the marriage.

Edited July 18, 2014 by BarnicaleBob

[Senechal]

This is he stupidest thread I've seen in a long time.

To the OP: Please learn how to formulate a logical, well-written question before posting here.

What are you asking?

What is your current scenario?

Did you pay for the house? Did you pay for the land? How long have you known your wife? What is the nature of your relationship? Do you have children? What part of Thailand are we talking about? Are you afraid of asset division in a divorce settlement? Are you afraid of asset retention if she dies? Etc. etc. etc.

"Will we have problems" is an idiotic question.

Yes, all married people have problems. Move along.

[TommyUK1960]

BarnicaleBob, on 18 Jul 2014 - 14:19, said:

I did what you speak of nearly five years ago. When I met my soon to be wife she already owned a house and a car free and clear. Being that the house was in a nice location with good services Internet and such, I saw no need to live anywhere else. After marriage she added me to her house book and I received a yellow book on the house.

My position on this is that I came into the marriage without a house and should it end by death or divorce I leave it without a house. No big loss to me. We did discuss the matter and she said she would like the house to go to her daughter if she dies before me. Which is not loss to me, I came into the marriage without a house and would not feel a loss not having it after the marriage.

Thanks that's the answer I am looking for. So my next move would be to get the yellow house book.

[AnotherOneAmerican]

I have to clarify: I am not worried about divorce as it is her property /land anyway. What worries me if she dies before me and the dreaded family leaches come and kick me out. Her immediate family are OK (mom, dad and brother) but extended family are hard core leaches. The one advantage I have is we are long distance away from the family.

if married you inherit 50%

if gf you get nothing

unless she writes a will

house book irrelevant to discussion

Edited July 18, 2014 by AnotherOneAmerican

[SDM0712]

I have to clarify: I am not worried about divorce as it is her property /land anyway. What worries me if she dies before me and the dreaded family leaches come and kick me out. Her immediate family are OK (mom, dad and brother) but extended family are hard core leaches. The one advantage I have is we are long distance away from the family.

I did come across this once a while ago.

As far as I know as next of kin, unless there is a will to the contrary, direct ownership will actually revert to you, but since you are not Thai this is only a temporary situation and you will have one year to sell the land on. I suppose in theory a Thai "company " could buy the land from you and lease you the house and/or the land.

Check with a lawyer because I'm admittedly a bit shakey on that, but I'm pretty sure it's correct. Use the "Ask a Lawyer " section to ask a lawyer here for free.

SDM

[Bigfarang1948]

Well now. Since you cannot own the house or property you have one of two options I think. One. Marry her and take your chances with her kicking you out when all your money has been sucked into the great void of marriage, or two, don't marry and avoid the doubt. Up to you farang. By the way, sound advice about the no internet, no water, no power no conveniences if you live in a small remote village where you cant readily pop in at the local 7-11 for a ham and cheese croissant wen you are hungry at midnight. Welcome to the land of smiles; live and learn...the hard way as most of have found out on one issue or another

Your soon to be wife is absolutely allowed to own property when you marry.

What problems were you expecting to have?

[ldnguy]

Wow, this thread has really brought out some very bitter farangs. Maybe we could have a new thread discussing what makes so many farangs so bitter about life. I think it's very sad.

[ldnguy]

Well now. Since you cannot own the house or property you have one of two options I think. One. Marry her and take your chances with her kicking you out when all your money has been sucked into the great void of marriage, or two, don't marry and avoid the doubt. Up to you farang. By the way, sound advice about the no internet, no water, no power no conveniences if you live in a small remote village where you cant readily pop in at the local 7-11 for a ham and cheese croissant wen you are hungry at midnight. Welcome to the land of smiles; live and learn...the hard way as most of have found out on one issue or another

Your soon to be wife is absolutely allowed to own property when you marry.

What problems were you expecting to have?

Why do you think the house is in a small village without internet. Perhaps it's a big house in Bangkok with superfast internet.

Or maybe it's you that lives in a small village and that is why you are so upset.

[marstons]

I have to clarify: I am not worried about divorce as it is her property /land anyway. What worries me if she dies before me and the dreaded family leaches come and kick me out. Her immediate family are OK (mom, dad and brother) but extended family are hard core leaches. The one advantage I have is we are long distance away from the family.

Lease the house off your wife for 30 years then its your for 30 years, put a succession clause with the land registry that if you die first house reverts back reverts to her. She wont mind as your married and there for she should have no objection. If she dies first leaches can swivel.

Edited July 18, 2014 by marstons

[AnotherOneAmerican]

Why do you think the house is in a small village without internet. Perhaps it's a big house in Bangkok with superfast internet.

It could be because Thai ladies tend to marry up.

And a Thai lady who owned a big house in BK would expect more then the usual retired TV poster has to give.

Edited July 18, 2014 by AnotherOneAmerican