Recent new build house in thai wifes name - How do I change it to mine?

[jacksam]

Sadly y post is also negative. The best thing about OP,s like this one is maybe it helps members not to make same mistakes.
How many posts along the lines " I put the condo in my thai gf/wife name and now she wants me out" ....geez.
Some replies offer OP some ways of protection but most seem little expensive. Rather than forums you need to go and obtain good legal advice for your options. I did property development. There is no such animal as a retrospective building permit. Befor some disagree, there was years ago but no more. This comment is about AU not sure about thai.
When you seek advice like with everything assume the worst. Meaning assume she want to get rid of you soonish and you want advice on how to protect YOUR interests. Good luck man. Next time read the fine print .

[mccw]

UK and most of EU you can get retrospective permission. No garrantee but it can be asked for.

[mccw]

In UK if you build say an annex and the council doesn't notice for 4 years then it's becomes "establish" and they have no right to tell you to remove it.

[khunPer]

Usufruct has been mentioned as a possibility by some posters, however I believe to remember said in some of the usufruct treads at TV-forum that an usufruct agreement cannot be done between a marriage couple, need to be made before. Perhaps only some Land Offices are not accepting it, but do check the post in the usufruct treads – or perhaps some other forum members can verify or correct me.

 

I think you shall check the usufruct posts before consulting a lawyer, as it has also been mentioned that some lawyers knows only little about usufruct. The paperwork should be fairly simple and costs next-to-nothing to register at the Land Office.

 

Another thing about usufruct in my opinion is – but that is looked at through a very dark mind as “worst case”, however we do hear some horror stories – that one shall always be worth more alive in Thailand than dead.

 

The suggestion about having a child with Thai nationality to be owner is certainly a possibility, a minor can own both land, property and stocks, and nothing can be sold or disposed against the child’s advantage, which also means that a usufruct may not be possible; as mentioned in the post above that may give some rights until the child is 21 years old, however a question about who is guardian for child…

 

[khunPer]

In UK if you build say an annex and the council doesn't notice for 4 years then it's becomes "establish" and they have no right to tell you to remove it.

Unfortunately UK laws do not cover Thailand…

[AnotherOneAmerican]

Once land and house registered as one, it cannot be split.
If the building permit was issued in a Thai name, too late then as well.

Essentially your wife has cheated you.
This was deliberate, and demonstrates what the marriage means to her.

Sorry for your loss, and your situation. Edited August 2, 2014 by AnotherOneAmerican

[billd766]

I have been married for 15 years and gave my wife the money to buy the land and to build the house.

 

Did I know that it could never be mine before we married? Yes I did.

 

Did I care about it and was I worried about it? Not in the slightest.

 

I knew, I paid and we are both happy with the arrangement.

 

Granted that I am 70 but I have never found any information on how to take the house and land with me when I die.

 

When I die I have asked my wife to keep my ashes in the urn and let the stay at the spirit house.

[berriev]

I don't like your chances pal! Should have set up a company, bought the land then built the house!

 

 

 

 

Setting up a "fake" company is since some time illegal in Thailand. 

How do you cross land that does not belong to you in order to reach the house that does belong to you??

Usufruct is about the only legally recognised way to use the property for the rest of your life and to decide who inherits what when you pass away.

Usufruct should be properly done by a lawyer, to avoid problems later

[berriev]

From what i have heard, you can only own it if the house does not touch the ground, ie...on stilts...other than that you are "SOL". She owns it now and not much of a chance you ever will. I'm so sorry for you.

 

 

 

Never knew stilts were "floating" above ground, always thought they were secured in the land.

 But never too old to learn something

[aboctok]

 

From what i have heard, you can only own it if the house does not touch the ground, ie...on stilts...other than that you are "SOL". She owns it now and not much of a chance you ever will. I'm so sorry for you.

Did you hear this down at the barber shop? One of the neighbors tell you?

 

From what I have heard, the Malaysian airliner that disappeared flew into a hole in the sky, which had opened up momentarily. The hole then closed, and you have one disappeared airliner. This I heard. Some things that I hear, I discount, on the basis that they are probably groundless. But that's just me.

[mccw]

In UK if you build say an annex and the council doesn't notice for 4 years then it's becomes "establish" and they have no right to tell you to remove it.

Unfortunately UK laws do not cover Thailand…

I was replying to the post above mine quoting AU laws. Just for interests same. Obviously UK laws have nothing to do with thailand

[mccw]

Regards userfruct

I have been advised by multiple lawyers here in chiang Mai that I can make one on my wife's land.
After which she can put our kids name on the deed if we wish (but then can not sell begore thy are old enough to agree to it also).
But it could not be done the other way around as the kids can not consent to the userfruct.

Never mentioned about this not available for couples.

[sead]

Regards userfruct

I have been advised by multiple lawyers here in chiang Mai that I can make one on my wife's land.
After which she can put our kids name on the deed if we wish (but then can not sell begore thy are old enough to agree to it also).
But it could not be done the other way around as the kids can not consent to the userfruct.

Never mentioned about this not available for couples.

Guess now shes going to argue with you why you not trust her, then she is kicking you out. Burn the house down could be a solution haha. Naah dont take this serious btw

[Alan653]

o

From what i have heard, you can only own it if the house does not touch the ground, ie...on stilts...other than that you are "SOL". She owns it now and not much of a chance you ever will. I'm so sorry for you.

Did you hear this down at the barber shop? One of the neighbors tell you?

No!! I read it in Thai Law for Foreigners.

[mccw]

Regards userfruct

I have been advised by multiple lawyers here in chiang Mai that I can make one on my wife's land.
After which she can put our kids name on the deed if we wish (but then can not sell begore thy are old enough to agree to it also).
But it could not be done the other way around as the kids can not consent to the userfruct.

Never mentioned about this not available for couples.

Guess now shes going to argue with you why you not trust her, then she is kicking you out. Burn the house down could be a solution haha. Naah dont take this serious btw

It's not an issue at all actually

[mccw]

If the lady say "why you don't trust me"

I recommend the man say "I do trust you my love; but some bad people got a strong magic can make you sign or lend a money when normally you would never do it! So I want to do this for protect us both"

55

Can't argue with that.

[shaurene]

Ask in the Ask a Lawyer forum if you want the correct answer. But remember you cannot own land. You should sort these things out before you build Mate not believe your Thai wife 100%, sorry your own fault. Cannot understand you not knowing this in the first place.

[GTI68]

I have been married for 15 years and gave my wife the money to buy the land and to build the house.

 

Did I know that it could never be mine before we married? Yes I did.

 

Did I care about it and was I worried about it? Not in the slightest.

 

I knew, I paid and we are both happy with the arrangement.

 

Granted that I am 70 but I have never found any information on how to take the house and land with me when I die.

 

When I die I have asked my wife to keep my ashes in the urn and let the stay at the spirit house.

 

 

Love it! +1

[mrfaroukh]

You would never have build it if you were suppose to have the title in your name. Why you think she agree to marry you?? Build the house, pay the bills for the entire family including brothers, sisters and their kids. 

 

I wonder why none of you guys read these sites before making the mistakes.

[Wat dee]

500+ posts and you are in this situation???????????+

[meatboy]

 

I have been married for 15 years and gave my wife the money to buy the land and to build the house.

 

Did I know that it could never be mine before we married? Yes I did.

 

Did I care about it and was I worried about it? Not in the slightest.

 

I knew, I paid and we are both happy with the arrangement.

 

Granted that I am 70 but I have never found any information on how to take the house and land with me when I die.

 

When I die I have asked my wife to keep my ashes in the urn and let the stay at the spirit house.

 

 

Love it! +1

 

after 20yrs.i done it,did I know it wouldn't be mine? yes I did.

did I care about it and was I worried? not in the slightest.

I knew,but she paid half and we or should I say me was very happy with the arrangement.

granted that I am coming up 70,the only information I know about is I will be going to  the local temple and my ashes put  in an empty can of cider so my beloved dog can carry them around his neck.

love it! +1+1

[joecoolfrog]

The guy has been married 15 years , its not as if he just built a house after being with a bar girl for a month. Obviously a lot of you have never had a trusting relationship , never taken a risk and consider checking your bank book to be the highlight of your week. Salute !

[JustAnotherFarang]

Cheers Joecoolfrog, you hit the nail right on the head but I doubt it will stop all the cynical naysayers and barflies from putting the boot in.  I feel sorry for these guys who have little or no faith in the relationships that they have built in Thailand.

 

JAF

The guy has been married 15 years , its not as if he just built a house after being with a bar girl for a month. Obviously a lot of you have never had a trusting relationship , never taken a risk and consider checking your bank book to be the highlight of your week. Salute !

 

[GTI68]

Cheers Joecoolfrog, you hit the nail right on the head but I doubt it will stop all the cynical naysayers and barflies from putting the boot in.  I feel sorry for these guys who have little or no faith in the relationships that they have built in Thailand.

 

JAF

The guy has been married 15 years , its not as if he just built a house after being with a bar girl for a month. Obviously a lot of you have never had a trusting relationship , never taken a risk and consider checking your bank book to be the highlight of your week. Salute !

 

Totally agree.

Well said.

[Equalizer]

Although this is not directly answering the OP question it is something i did. If you are thinking of getting married or are married to a Thai lady who is either a piss poor bar girl or hard a working low income hairdresser and eventually you would like a home to call your own (note how that was worded) i feel the safest method is to open a small Thai company in your wife's name. An on line trading company is best. If you do it right no trading is necessary. I set up a PayPal business account for her in her company name and set up a $12.99 Auctiva commerce on line store with the said PayPal linked to the check out. Throw a few bogus sales in there from time to time, then withdraw the money into her bank account that is linked to her PayPal. Her bank account will become strong and her income will be legitimate. I am sure that if your future wife was with you just to rip you off the 50 to 60 thousand baht going in each month would be to tempting for her to keep her grubby little hands off. After a year she can apply for a mortgage on the strength of her own business. It is always better to apply after you have paid your first tax bill. Once approved you simply pay the mortgage each month making sure the money comes from your bank account so if anything happens you can show you are the main contributor. Any assets being contested in a divorce settlement down the line will be divided equally. Now there is the key to the lock without throwing lots of money into houses and losing everything. Make Thailand prove to you she is a legitimate loving wife. If she screws up the bank foots the bill. This is the Farang way not the Thai way. I have sat here reading blogs of Farang being ripped of enough, we are indeed supposed to be smarter in case you all forgot.

[AnotherOneAmerican]

Cheers Joecoolfrog, you hit the nail right on the head but I doubt it will stop all the cynical naysayers and barflies from putting the boot in.  I feel sorry for these guys who have little or no faith in the relationships that they have built in Thailand.
 
JAF

The guy has been married 15 years , its not as if he just built a house after being with a bar girl for a month. Obviously a lot of you have never had a trusting relationship , never taken a risk and consider checking your bank book to be the highlight of your week. Salute !

I was married 25 years to an American school teacher.
She still took my house from me.
I have no more faith in male/female relationships.
If you had common sense, neither would you, trust is for mugs.
Occupation of the woman (former or current) seems to play no part in the trust game. Edited August 3, 2014 by AnotherOneAmerican

[joecoolfrog]

Another one American
My experience with my Farang ex wife was the opposite , she did not rip me off in the least and we are still friends. Yes there are scheming women out there , and yes one has to show caution , but there are also many thousands of happy Thai/ Farang relationships.
There are an awful lot of bad things that can happen , never leaving ones house reduces the risks somewhat , but I find that option a tad desperate .

[inzman]

Well my Falang wife never took anything from me and my last Thai wife split the house 50/50 when we divorced. I consider it a bonus, because I only brought over what I can afford to lose.

[GTI68]

Although this is not directly answering the OP question it is something i did. If you are thinking of getting married or are married to a Thai lady who is either a piss poor bar girl or hard a working low income hairdresser and eventually you would like a home to call your own (note how that was worded) i feel the safest method is to open a small Thai company in your wife's name. An on line trading company is best. If you do it right no trading is necessary. I set up a PayPal business account for her in her company name and set up a $12.99 Auctiva commerce on line store with the said PayPal linked to the check out. Throw a few bogus sales in there from time to time, then withdraw the money into her bank account that is linked to her PayPal. Her bank account will become strong and her income will be legitimate. I am sure that if your future wife was with you just to rip you off the 50 to 60 thousand baht going in each month would be to tempting for her to keep her grubby little hands off. After a year she can apply for a mortgage on the strength of her own business. It is always better to apply after you have paid your first tax bill. Once approved you simply pay the mortgage each month making sure the money comes from your bank account so if anything happens you can show you are the main contributor. Any assets being contested in a divorce settlement down the line will be divided equally. Now there is the key to the lock without throwing lots of money into houses and losing everything. Make Thailand prove to you she is a legitimate loving wife. If she screws up the bank foots the bill. This is the Farang way not the Thai way. I have sat here reading blogs of Farang being ripped of enough, we are indeed supposed to be smarter in case you all forgot.

Seems like sound advice. Thanks for sharing.

So then you are a partner / main contributor in her company on paper or just by way of direct financial input?

I'd like a bit more advice on this angle if you care to share more. Thanks.

[GTI68]

 

 

I have been married for 15 years and gave my wife the money to buy the land and to build the house.

 

Did I know that it could never be mine before we married? Yes I did.

 

Did I care about it and was I worried about it? Not in the slightest.

 

I knew, I paid and we are both happy with the arrangement.

 

Granted that I am 70 but I have never found any information on how to take the house and land with me when I die.

 

When I die I have asked my wife to keep my ashes in the urn and let the stay at the spirit house.

 

 

Love it! +1

 

after 20yrs.i done it,did I know it wouldn't be mine? yes I did.

did I care about it and was I worried? not in the slightest.

I knew,but she paid half and we or should I say me was very happy with the arrangement.

granted that I am coming up 70,the only information I know about is I will be going to  the local temple and my ashes put  in an empty can of cider so my beloved dog can carry them around his neck.

love it! +1+1

 

Heh, heh, keep it comin'. That's way for sure. Happy days.