Divorce/ death - what happens to house?

[mja1906]

I am a British national (female) with Thai husband. We are expecting our first child, and going to buy a house. My sister has kindly offered to lend me money towards downpayment of the house, to make the mortgage cheaper. She brought up a few questions, which is understandable, they are - What would happen to the house+mortgage in the event of:

1) Divorce

Assuming we don't come to an amicable mutual agreement, I understand this would be sin som rod asset, and divided 50/50.

However, what if I (the wife) put in more for the downpayment of the house, and therefore contributed more to the mortgage?

My husband is happy to sign a paper/agreement, saying that in the event of divorce, he's happy to give me the house+mortgage. Is there any such legal document we can have drafted up for this?

This would put my sister's mind at ease

2) Death of Thai Husband

What happens to the house+Sin som rod assets if husband passes away? My Thai husband reckons it automatically gets passed down to our child. What happens if the child is still a minor?

3) Death of Foreign wife

if I pass away, what happens to sin som rod assets? I have sin suan tua assets back home in the UK, what happens to these?

If I make a will in Thailand, would this apply to assets in Thailand only? or can it include sin suan tua assets in UK too?

[Slinky1958]

Call me <edit> I tell you my story rent do not buy

Edited October 28, 2014 by theoldgit
Telephone number removed as per Forum Rules, you can contact via PM.

[RickvanHeijningen]

Are foreigners allowed to buy land or property in Thailand?

Andrew Voelz
Lifestyle Property Consultant, Professional Athlete and Trainer
Many foreigners wishing to buy or lease real estate in Thailand are often confused by the contradictory information and misleading and ill-advised claims on the Internet. There are specific legal issues under Thai land law regulating the ability of foreign nationals to buy or acquire rights to Thailand real estate and property. Here is a summary of some of the basic principles:

Are foreigners allowed to buy land or property in Thailand?

Thailand land law generally prohibits foreigners from owning freehold land in Thailand. However, there are some legal exceptions to this. There are also other methods available for acquiring valid and legal rights to land and real estate in Thailand that do not amount to outright ownership.

What are the different ways of acquiring land rights or purchasing property in Thailand?

2.1 Land Leases: Although Thailand real estate law restricts land ownership rights to non-Thai citizens, foreigners are expressly permitted may to hold a 100% interest in a Thailand land lease. The foreigner effectively leases the land or house from the Thai national who remains the owner of the land. Thailand lease law allows a 30-year maximum lease period, with the possibility of renewing the lease for additional 30 year periods.

2.2 Company Ownership: Thailand registered companies with majority Thai ownership are able to buy land in Thailand. In the past it has been common for foreign nationals to acquire an interest in Thailand real estate as minority shareholders in a Thai majority company. However in recent years, the Thailand Land Department has become stricter in investigating limited companies for the use of the "nominee" Thai shareholders, who do not possess a legitimate interest in the company owning the land. Nevertheless it is still possible however for a non-Thai shareholder to secure his investment in a Thai limited company through legal means.

2.3 Investment: Thai real estate law allows foreigners to buy and own a limited amount of land based on an investment of 40 million baht for five consecutive years, provided that the land is used for residential purposes.

2.4 Thai Spouse:Under Thai real estate law, a Thai spouse of a foreigner may be allowed to buy land or property in Thailand in his or her own name. However the married couple may be asked to sign declarations at the Land Department to state that the funds used are the separate property of the Thai spouse. Any claim on the land or property by the non-Thai spouse could therefore be waived which might be problematic in a divorce case. It could make it difficult for the non-Thai spouse to prove that the land was marital property. In this case, a skillfully drafted Thailand prenuptial agreement may help to minimize the risk to the non-Thai spouse.

2.5 Usufruct Habitation and Superficies: A non-Thai may acquire a life term interest in certain types of property rights in Thailand. One example, a usufruct, is a right to use (and profit from) land and is similar to a leasehold but is non-transferable with some important differences.

Can Thai nationals buy real estate in their name and then execute an agreement that the land is held for a foreigner?

This is a dangerous approach because it is technically illegal under Thai property law for a Thai national to act as a nominee on behalf of a foreigner to purchase real estate. Therefore, the agreement may be problematic and/or illegal. It is sensible to consult an experienced real estate lawyer in Thailand for the most suitable and best available options.

Can foreigners own houses in Thailand?

In general, foreigners can own buildings and houses in Thailand as Thai real estate law places no nationality restrictions on ownership of such in Thailand.

[davidmann]

LOT of IF ,IF life aint a lot of IFS

[Suradit69]

If I make a will in Thailand, would this apply to assets in Thailand only? or can it include sin suan tua assets in UK too?

Thai will only can apply to assets located in Thailand and under the jurisdiction of Thai courts.

UK will, or if intestate (absent a UK will), UK law would apply to any assets in UK.

When I wrote my Thai will I included information for my heir about assets in my home country, but only for the sake of information for my heir, not because a Thai court would be able to do anything about them, although my Thai attorney might be better able to help the heir in dealing with or understanding a claim based on my US designated beneficiaries than would the heir on his own.

Edited October 28, 2014 by Suradit69

[FangFerang]

You can own the house, but not the land. You can therefore be evicted by the landowner.

Be very wary here. One option is to build a modular house, and take it with you somewhere else. Its been done for these very reasons.

[Suradit69]

You can own the house, but not the land. You can therefore be evicted by the landowner.

Be very wary here. One option is to build a modular house, and take it with you somewhere else. Its been done for these very reasons.

But if the child of this marriage is legally a Thai, wouldn't the child become the landowner under court supervision until s/he reaches legal majority.

Edited October 28, 2014 by Suradit69

[choochoo]

whole different kettle of fish.....lol. farang girl going for poor thai boy..............lol.

If you need to borrow money for downpayment you have NO business buying a house!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Why would a foreign girl be paying for the house anyways? Is your thai boy not a good provider? If he isnt you should get divorced now. You are wading into very very bad territory!

I see potential for a messy life.

Edited October 29, 2014 by choochoo

[khunPer]

OP, you can as foreigner own a house, but not the land. Look at post #3 about eventually “Usufruct Habitation and Superficies”, however may be questioned if a contract between a married couple may be lagal.

Seems like you are married, did you make a Prenuptial Agreement...?

I’ll try to help with answers to your questions, but you may need advice from an experienced lawyer:

1)

In case of divorce property is normally split 50/50, often meaning the property needs to be sold.

Some lawyers recommend making a loan agreement on the land and have that registered at Land Office as a mortgage to secure one parts investment, however normally before marriage as it seems like Thai Law do not acknowledge contracts between husband & wife.

I will recommend you to discuss this matter with a lawyer.

2)

In case of death of Thai Husband, the foreign spouse and child/children will inherit. As a foreigner cannot own land that has to be sold within a limited period of time, think it’s 12-month. However a minor child with Thai nationality can own land under guardian.

You and your Thai husband can make Last Wills stating who shall inherit land and house, etc.

3)

In case of death of Foreign Wife the Thai spouse and child/children will inherit, however foreign assets abroad follows foreign Law and eventually foreign Last Will will cover.

Normally it is advised to make two Wills, one abroad in UK for your foreign assets, and one in Thailand for the Thai assets (following Thai law).

You can find useful information in the book “Thai Law for Foreigners” by the Thai lawyers Benjawan Poomsan Becker and Roensak Thongkaew, Paiboon Publishing ISBN 978-1-887521-57-4. Homepage: paiboonpublishing.com. The book includes various contract and form templates, hereunder Last Will and a good explanation of how you can do it legally yourself.

Wish you good luck with the future family.

[mja1906]

OP, you can as foreigner own a house, but not the land. Look at post #3 about eventually “Usufruct Habitation and Superficies”, however may be questioned if a contract between a married couple may be lagal.

Seems like you are married, did you make a Prenuptial Agreement...?

I’ll try to help with answers to your questions, but you may need advice from an experienced lawyer:

1)

In case of divorce property is normally split 50/50, often meaning the property needs to be sold.

Some lawyers recommend making a loan agreement on the land and have that registered at Land Office as a mortgage to secure one parts investment, however normally before marriage as it seems like Thai Law do not acknowledge contracts between husband & wife.

I will recommend you to discuss this matter with a lawyer.

2)

In case of death of Thai Husband, the foreign spouse and child/children will inherit. As a foreigner cannot own land that has to be sold within a limited period of time, think it’s 12-month. However a minor child with Thai nationality can own land under guardian.

You and your Thai husband can make Last Wills stating who shall inherit land and house, etc.

3)

In case of death of Foreign Wife the Thai spouse and child/children will inherit, however foreign assets abroad follows foreign Law and eventually foreign Last Will will cover.

Normally it is advised to make two Wills, one abroad in UK for your foreign assets, and one in Thailand for the Thai assets (following Thai law).

You can find useful information in the book “Thai Law for Foreigners” by the Thai lawyers Benjawan Poomsan Becker and Roensak Thongkaew, Paiboon Publishing ISBN 978-1-887521-57-4. Homepage: paiboonpublishing.com. The book includes various contract and form templates, hereunder Last Will and a good explanation of how you can do it legally yourself.

Wish you good luck with the future family.

Thank you for your wishes and helpful reply. The loan agreement sounds interesting, I wonder if a post-nuptual is possible and the easiest way to protect my interests. The other options (land lease/usufruct etc) seem more complicated

If anyone can recommend any family lawyers in CM, I would be happy to hear.

[khunPer]

<intentionally blank>

Thank you for your wishes and helpful reply. The loan agreement sounds interesting, I wonder if a post-nuptual is possible and the easiest way to protect my interests. The other options (land lease/usufruct etc) seem more complicated

If anyone can recommend any family lawyers in CM, I would be happy to hear.

Just mention a few things coming to my mind that may help you:

Normally the first advise session by a lawyer is free-of-charge. I do not live in CM, so cannot advise any lawyer.

I have never myself used the loan servitude, but it’s a quite common practice that Thais borrows money with land as security. You shall be aware of the Land Deed Title that shall be Chanote or possible the grade lower, Nor Sor Sarm/Nor Sor Sarm Khor. If it is a lower Land Deed Title than those, you can normally not legally borrow money with land as security (will be printed in red on the Title Deed that it cannot be used as guarantee for loan). Nor Sor Sarm titles can be upgraded to Chanote at the Land Office, which takes about a couple of month, sometimes longer. Lots of village land is lower title. When upgrading a title have the Loan Agreement noted on the back of the deed at the same time.

A possibility may be to have your sister registered as the lender. I don’t know if a foreign can be registered as lender, but some foreigners use for example Australian mortgage, so that should be a possibility. A lawyer can tell you, also if paperwork at the Land Office can be done with proxy from your sister.

The loan servitude works so that the land cannot be sold or transferred to another name/owner before the loan – and eventually interest – has been paid in full.

[mja1906]

<intentionally blank>

Thank you for your wishes and helpful reply. The loan agreement sounds interesting, I wonder if a post-nuptual is possible and the easiest way to protect my interests. The other options (land lease/usufruct etc) seem more complicated

If anyone can recommend any family lawyers in CM, I would be happy to hear.

Just mention a few things coming to my mind that may help you:

Normally the first advise session by a lawyer is free-of-charge. I do not live in CM, so cannot advise any lawyer.

I have never myself used the loan servitude, but it’s a quite common practice that Thais borrows money with land as security. You shall be aware of the Land Deed Title that shall be Chanote or possible the grade lower, Nor Sor Sarm/Nor Sor Sarm Khor. If it is a lower Land Deed Title than those, you can normally not legally borrow money with land as security (will be printed in red on the Title Deed that it cannot be used as guarantee for loan). Nor Sor Sarm titles can be upgraded to Chanote at the Land Office, which takes about a couple of month, sometimes longer. Lots of village land is lower title. When upgrading a title have the Loan Agreement noted on the back of the deed at the same time.

A possibility may be to have your sister registered as the lender. I don’t know if a foreign can be registered as lender, but some foreigners use for example Australian mortgage, so that should be a possibility. A lawyer can tell you, also if paperwork at the Land Office can be done with proxy from your sister.

The loan servitude works so that the land cannot be sold or transferred to another name/owner before the loan – and eventually interest – has been paid in full.

Thanks again for more insight. After his loan from me/my sister, is paid off, if we divorce, then I guess he's still entitled to the full value of house+land, so it doesn't really fully protect my interests. Also, after downpayment we would be making equal contributions to paying off the mortgage, so once again, if we divorce he's still entitled to all of it?

but yes, I can probably discuss in more detail with a lawyer , to understand all the aspects. and see if this really offers the protection I'm looking for.

[khunPer]

<intentionally blank>

Thank you for your wishes and helpful reply. The loan agreement sounds interesting, I wonder if a post-nuptual is possible and the easiest way to protect my interests. The other options (land lease/usufruct etc) seem more complicated

If anyone can recommend any family lawyers in CM, I would be happy to hear.

Just mention a few things coming to my mind that may help you:

Normally the first advise session by a lawyer is free-of-charge. I do not live in CM, so cannot advise any lawyer.

I have never myself used the loan servitude, but it’s a quite common practice that Thais borrows money with land as security. You shall be aware of the Land Deed Title that shall be Chanote or possible the grade lower, Nor Sor Sarm/Nor Sor Sarm Khor. If it is a lower Land Deed Title than those, you can normally not legally borrow money with land as security (will be printed in red on the Title Deed that it cannot be used as guarantee for loan). Nor Sor Sarm titles can be upgraded to Chanote at the Land Office, which takes about a couple of month, sometimes longer. Lots of village land is lower title. When upgrading a title have the Loan Agreement noted on the back of the deed at the same time.

A possibility may be to have your sister registered as the lender. I don’t know if a foreign can be registered as lender, but some foreigners use for example Australian mortgage, so that should be a possibility. A lawyer can tell you, also if paperwork at the Land Office can be done with proxy from your sister.

The loan servitude works so that the land cannot be sold or transferred to another name/owner before the loan – and eventually interest – has been paid in full.

Thanks again for more insight. After his loan from me/my sister, is paid off, if we divorce, then I guess he's still entitled to the full value of house+land, so it doesn't really fully protect my interests. Also, after downpayment we would be making equal contributions to paying off the mortgage, so once again, if we divorce he's still entitled to all of it?

but yes, I can probably discuss in more detail with a lawyer , to understand all the aspects. and see if this really offers the protection I'm looking for.

»...if we divorce he's still entitled to all of it?«

No, only half after Thai Law, the other half (value) belongs to you (wife), see above your question/answer no. 1.

[AnotherOneAmerican]

1. In the event of a divorce split is 50/50 UNLESS financial records can prove money used existed before the marriage.

Nationality of married persons irrelevant as are any documents signed by either married party, due to the fact any agreement between husband and wife may be canceled unilaterally by either party.

2. On death, assets assigned by will, if no will in your case, spouse will get 50%, child will get 50%. So your house would be split 75% surviving spouse, 25% child.

Nationality of spouse not relevant to inheritance laws.

PS

As foreign wife, why not just apply for Thai citizenship, very easy for foreign female.

As for your sister, if she lends you money, she can't be registered as a lender as the Thai bank won't give a loan unless they are the only named lender.

It would be extremely unwise to involve your sister in financing a Thai property.

Edited October 31, 2014 by AnotherOneAmerican

[mja1906]

Thanks KhunPer and AnotherOneAmerican,

First I had read online, that marital assets would be divided 50/50, but then from other online sources such as this - http://www.samuiforsale.com/knowledge/overview-property-law-thailand.html it claims this excludes real estate for mixed nationality marriages

When at the land office, and transferring the ownership/doing the land deeds, apparently the foreign spouse has to sign a declaration form, saying that the property was fully funded by the Thai spouse, and that this will be personal property of the Thai spouse (not common property). Example form here - http://www.thailandlawonline.com/article-older-archive/land-ownership-registration-by-a-thai-married-to-foreign-national

PS I assume we're all talking about the same thing here, ie; we're buying a house with mortgage (not upfront in full)

PPS . Wow, and omg , is it really easier for foreign female wth Thai spouse, to gain Thai nationality?? I had no idea !... ..hmm.. now I have my hopes up !

[AnotherOneAmerican]

When at the land office, and transferring the ownership/doing the land deeds, apparently the foreign spouse has to sign a declaration form, saying that the property was fully funded by the Thai spouse, and that this will be personal property of the Thai spouse (not common property). Example form here - http://www.thailandlawonline.com/article-older-archive/land-ownership-registration-by-a-thai-married-to-foreign-national

What you sign at a land office would need to be proven true in a Thai court of law (with financial records), if contested as part of a divorce.

You could also claim it was an agreement between husband & wife and cancel it unilaterally at any time.

In Thailand marriage law comes first.

If you could overcome marriage law by signing a document at the land office, every Thai husband would insist his Thai wife sign a similar document.

Thai divorce law states quite clearly when any doubt is cast on the ownership of assets, they will be split 50/50 unless evidence is provided to the contrary.

From your postings, I would offer the advice that you shouldn't be buying a house with this man, you clearly don't trust him.

Let him pay for it all. Not you. Not your sister. Or just rent.

Edited November 1, 2014 by AnotherOneAmerican

[khunPer]

»When at the land office, and transferring the ownership/doing the land deeds, apparently the foreign spouse has to sign a declaration form, saying that the property was fully funded by the Thai spouse, and that this will be personal property of the Thai spouse (not common property).«

That seems to be correct – as a foreigner cannot own land, but can own a house – however, I know of several cases where land & house split 50/50 upon divorce or going fully to foreign spouse upon death, however have to be sold within 12 month due to non-foreign ownership allowed. You may also find treads about it when searching this Forum.

Perhaps AnotherOneAmerican can enlighten you more (he knows a lot more about Thai Law than I)...

(EDIT: Which he did while I was posting... )

Anyway always advisable to consult a lawyer and have any documents made right from the beginning – so difficult to change later...

-And yes, “equality” in Thai language means that it’s much, much easier to be foreign wife to a Thai husband, than the opposite...

Edited November 1, 2014 by khunPer

[mja1906]

Thanks again KhunPer and AnotherOneAmerican. Just to clear something up, I completely trust my husband and have no worries. I'm only asking because my family in the UK are concerned (the don't really know my husband, only met him once) , but hear horror stories about farang men losing their savings to Thai wives.... hence the concern.

In any case, nationality doesn't have anything to do with it, even if I were in the UK with a UK husband, my family would still want me to take the necessary precautions by law to ensure I could protect myself. It's just the way my family are.

It's not that we can't afford to put a downpayment (the minimum downpayment here is very low), but it just happens my sister is sitting on idle cash, and she kindly offered to loan it. This would make the terms of our mortgage cheaper, so in practical terms it makes sense.

So anyhows, yes it does appear AnotherOneAmerican knows his stuff when it comes to the Thai law ! I guess he is speaking from experience, or experiences he's heard from other people.

I've looked through threads on similar topic, although, still haven't found anything conclusive as to whether the 50/50 rule still stands for real estate. The way AnotherOneAmerican put it, well I've never heard before, but it makes sense. If any contract between husband+wife can be annulled, then the same should go for that form at the land office (?). It seems to be a case-case basis, and everybody's story is different. I guess depending on circumstances, and how good their divorce lawyers were?

I will contact Sumalee at Tanin law, who has come recommended in CM . See what they have to say, and also find out more about usufruct

[khunPer]

Here are some links explaining a bit about Usufruct and Superficies:

http://property.thaivisa.com/usufruct-in-thailand/

www.siam-legal.com/realestate/Superficies.php

-and about marriage/divorce and property:

www.samuiforsale.com/family-law/division-divorce-marital-home.html

www.samuiforsale.com/family-law/usufruct-in-a-thai-marriage.html

-that may be helpful preparation before your meeting with a lawyer.

Mja1906, I fully understand your family’s concern about Thai-relationship and ”horror stories” – there are plenty of them and they seem to be good stuff to exploit and share, whilst the ”good stories” may not create the same attention – however, I have also heard some almost unbelievable horror stories directly from one the involved parts, which brings the advise “never invest more in Thailand than you can afford to loose” in mind...

When asked about buying property, some posters will immediately warn and shout “stop” and “rent instead” – they may be right – even you have all the cash in your hand, you can sometimes rent a house for the interest the money can gain when placed in bonds outside Thailand. Often wise to rent for a period before buying. However when renting you loose potential value increase from the property that can also end up as a loss, if you are forced to sell at the wrong time and place.

Only you can judge if you believe in your relationship and wish to take the risk – that in worst case seems like the down payment and whatever amount has been paid off the mortgage.

Another possibility, not mentioned before, is that you wait buying property until your child is born, as a minor (Thai national) can own land (for example mother as guardian) – a solution used by some foreigners – but how to deal with loan/mortgage in that situation, and if it’s possible at all, I have no knowledge about...

Hope the various advices posted may help you to a beneficial meeting with the lawyer and wish you good luck.

And for the sake of good order, I myself ended up building a house here...

[AnotherOneAmerican]

Thanks again KhunPer and AnotherOneAmerican. Just to clear something up, I completely trust my husband and have no worries. I'm only asking because my family in the UK are concerned (the don't really know my husband, only met him once) , but hear horror stories about farang men losing their savings to Thai wives.... hence the concern.

In any case, nationality doesn't have anything to do with it, even if I were in the UK with a UK husband, my family would still want me to take the necessary precautions by law to ensure I could protect myself. It's just the way my family are.

It's not that we can't afford to put a downpayment (the minimum downpayment here is very low), but it just happens my sister is sitting on idle cash, and she kindly offered to loan it. This would make the terms of our mortgage cheaper, so in practical terms it makes sense.

So anyhows, yes it does appear AnotherOneAmerican knows his stuff when it comes to the Thai law ! I guess he is speaking from experience, or experiences he's heard from other people.

I've looked through threads on similar topic, although, still haven't found anything conclusive as to whether the 50/50 rule still stands for real estate. The way AnotherOneAmerican put it, well I've never heard before, but it makes sense. If any contract between husband+wife can be annulled, then the same should go for that form at the land office (?). It seems to be a case-case basis, and everybody's story is different. I guess depending on circumstances, and how good their divorce lawyers were?

I will contact Sumalee at Tanin law, who has come recommended in CM . See what they have to say, and also find out more about usufruct

You should read the story in the Ladies forum about what happened to a foreign (English?) lady after her Thai husband died unexpectedly.

KP and I were only talking about the law, unfortunately rule of law is not really a reality in Thailand, and Thai families often don't care about foreign spouses.

[aTomsLife]

Thanks again KhunPer and AnotherOneAmerican. Just to clear something up, I completely trust my husband and have no worries. I'm only asking because my family in the UK are concerned (the don't really know my husband, only met him once) , but hear horror stories about farang men losing their savings to Thai wives.... hence the concern.

In any case, nationality doesn't have anything to do with it, even if I were in the UK with a UK husband, my family would still want me to take the necessary precautions by law to ensure I could protect myself. It's just the way my family are.

It's not that we can't afford to put a downpayment (the minimum downpayment here is very low), but it just happens my sister is sitting on idle cash, and she kindly offered to loan it. This would make the terms of our mortgage cheaper, so in practical terms it makes sense.

So anyhows, yes it does appear AnotherOneAmerican knows his stuff when it comes to the Thai law ! I guess he is speaking from experience, or experiences he's heard from other people.

I've looked through threads on similar topic, although, still haven't found anything conclusive as to whether the 50/50 rule still stands for real estate. The way AnotherOneAmerican put it, well I've never heard before, but it makes sense. If any contract between husband+wife can be annulled, then the same should go for that form at the land office (?). It seems to be a case-case basis, and everybody's story is different. I guess depending on circumstances, and how good their divorce lawyers were?

I will contact Sumalee at Tanin law, who has come recommended in CM . See what they have to say, and also find out more about usufruct

You should read the story in the Ladies forum about what happened to a foreign (English?) lady after her Thai husband died unexpectedly.

KP and I were only talking about the law, unfortunately rule of law is not really a reality in Thailand, and Thai families often don't care about foreign spouses.

Would you link that topic, please? I searched but couldn't find it. Will try again, and will link it myself if I find it.

[mja1906]

Here are some links explaining a bit about Usufruct and Superficies:

http://property.thaivisa.com/usufruct-in-thailand/

www.siam-legal.com/realestate/Superficies.php

-and about marriage/divorce and property:

www.samuiforsale.com/family-law/division-divorce-marital-home.html

www.samuiforsale.com/family-law/usufruct-in-a-thai-marriage.html

-that may be helpful preparation before your meeting with a lawyer.

Mja1906, I fully understand your family’s concern about Thai-relationship and ”horror stories” – there are plenty of them and they seem to be good stuff to exploit and share, whilst the ”good stories” may not create the same attention – however, I have also heard some almost unbelievable horror stories directly from one the involved parts, which brings the advise “never invest more in Thailand than you can afford to loose” in mind...

When asked about buying property, some posters will immediately warn and shout “stop” and “rent instead” – they may be right – even you have all the cash in your hand, you can sometimes rent a house for the interest the money can gain when placed in bonds outside Thailand. Often wise to rent for a period before buying. However when renting you loose potential value increase from the property that can also end up as a loss, if you are forced to sell at the wrong time and place.

Only you can judge if you believe in your relationship and wish to take the risk – that in worst case seems like the down payment and whatever amount has been paid off the mortgage.

Another possibility, not mentioned before, is that you wait buying property until your child is born, as a minor (Thai national) can own land (for example mother as guardian) – a solution used by some foreigners – but how to deal with loan/mortgage in that situation, and if it’s possible at all, I have no knowledge about...

Hope the various advices posted may help you to a beneficial meeting with the lawyer and wish you good luck.

And for the sake of good order, I myself ended up building a house here...

Thanks again KhunPer. I'l be sure to check out those links.

I don't like the idea of renting, as at the end of it, there's nothing to pass down to your kids. Buying may have some risk, (on my part), but this is outweighed by paying into something that would in the end be passed down to our daughter.

I'll keep the thread updated with what I find out from the lawyer, and what I eventually decide to do.

[mja1906]

Well I met with the lawyer in CM (Sumalee Jennapa) http://www.29tanin.com and was very impressed by her.

Basically I can't do a usufruct as we are not buying the house outright, but have a mortgage. Therefore there seems to be little I can do . Although I was surprised, because I told her that my husband would be happy to sign a contract/document, that says if we divorce, then he's happy to give the whole house to me. I asked if there was any legal document I could have drafted up to state this, but she said (very honestly), that it wasn't necessary that I use her services and I would save myself a lot of money.

She said, I could just have my husband write this up in his own handwriting, and that actually counts just as much (if not more) in the eyes of the law than a document drafted up by lawyers. That kind of surprised me, as who's to say that nobody is forcing him to write this against his will? But she seemed insistent this was the case. (The same goes for handwritten wills too).

Anyhows, even though I only had an initial meeting with her, I would highly recommend her, as I'm sure she would have been great if we hired her. But I like the way she offered honest, professional and impartial advice, and wasn't just after the $$.

I'll keep a finanical record that I've made the downpayment for the house (will be a cashiers check to the property developer).

Lastly, is there anything I can sign when we're exchanging at the land office, to say that I have an interest/right in this property?

[jacksam]

I thought we farang males were dumb. Sorry to say OP, but you have raised the bar. You planning to borrow the money for the deposit from sister. You and Thai hub will make equal repayments on loan.....etc etc.

This is a nice spin off of ALICE IN WONDERLAND.

RENT SISTER and enjoy this wonderful country. Good luck with baby. Exciting times

[BritManToo]

She said, I could just have my husband write this up in his own handwriting, and that actually counts just as much (if not more) in the eyes of the law than a document drafted up by lawyers. That kind of surprised me, as who's to say that nobody is forcing him to write this against his will? But she seemed insistent this was the case. (The same goes for handwritten wills too).

Funny how your lawyer didn't explain any contracts or agreements made between husband and wife may be cancelled unilaterally (by either party) at any time (up to and including 1 year after divorce).

Her advice was just plain wrong.

At the land Office you will be required to sign a document stating you have no financial interest in the property.

(which has the same legal standing as any other agreement/contract between husband and wife = none)

Edited November 28, 2014 by BritManToo

[jacksam]

OP...what's the rush?? You don't even have the deposit.

Rents in Thailand are very cheap. Who's idea is it? Joint.

Marriage does not always go well, why not take time re the house side of things. Look at the best case scenario but also the worst. The latter is a killer. Not only financially but potentially relationship with sister.

Last year I lent my sons money to travel. It was a "loan"

Difference is I did not expect for one moment the money would be coming back. I gave it happily. Your situation is very different. ...