wife dies before you

[overherebc]

Can't find exact same question in search so sorry if this is a repeat.

Talking with some friends last night and one stated his wife has written a letter and signed to say that if she dies before him then she is gifting the house to him until he dies. No kids in their life, either before or now.

I don't believe the letter has any legal standing or can be used by him to stay in the house.I didn't tell him so just said that's a good idea.

What are the facts, anyone ?

[Morakot]

Unfortunately it does not work like this. A "will" might entitle him to the house and land, but he would need to sell the land (within a year) if he does not hold Thai nationality. Presumably the friend wants to live in the house, he needs an usufruct, formally registered in the land title.

Edited March 23, 2015 by Morakot

[sfokevin]

I would suggest filing a usufruct on the title deed on the house as well...

Edited March 23, 2015 by sfokevin

[overherebc]

As I thought, he is unfortunately not the kind of guy who takes advice so not sure if I can convince him or if it's worth the effort.

Thanks for replies.

[mjnaus]

It is my understanding that there's a provision in Thai law which allows foreigners in a position such as your friend (in case his wife would indeed pass on before he would) to take ownership of the land+house (where the land's size can be more then a rai or half a rail, not entirely sure). I once asked my lawyer to look into this and he indeed found this to be true. Contact your own lawyer to be sure.

Edited March 23, 2015 by mjnaus

[Morakot]

It is my understanding that there's a provision in Thai law which allows foreigners in a position such as your friend (in case his wife would indeed pass on before he would) to take ownership of the land+house (where the land's size can be more then a rai or half a rail, not entirely sure). I once asked my lawyer to look into this and he indeed found this to be true. Contact your own lawyer to be sure.

In theory foreign individuals can own land up to 1 rai (1600 square meters) under section 96 bis of Land Code Amendment Act (1999) for residential purposes through the Board of Investment which requires a 40 million baht investment into Thailand in specified assets or government bonds beneficial to the Thai economy.

[jdinasia]

Our wills cover our physical properties, I currently am not covered on the land we own which is not developed.

As the undeveloped land was a gift from his family, I am totally unconcerned about it until we develop it

[Morakot]

Our wills cover our physical properties, I currently am not covered on the land we own which is not developed.

As the undeveloped land was a gift from his family, I am totally unconcerned about it until we develop it

An usufruct only works for higher title deeds, such as Chanote or Nor Sor Sam.

[lopburi3]

Another issue will be his even staying here if currently on marriage extension - you say there are no children so he may have to revert to retirement or another reason to stay so should be aware of that.

[Bernard Flint]

Get a will, but you will still need to sell the house within 1 year, but, at least, it wont go to her mum.If one has a partner, even more important to get a will, next of kin is mamma, not sexy man

[Bernard Flint]

Another issue will be his even staying here if currently on marriage extension - you say there are no children so he may have to revert to retirement or another reason to stay so should be aware of that.

Hope he is aware if his wife dies, he is not married lol