overherebc Posted March 23, 2015 Share Posted March 23, 2015 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 ? Link to comment Share on other sites More sharing options...
Popular Post Morakot Posted March 23, 2015 Popular Post Share Posted March 23, 2015 (edited) 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 4 Link to comment Share on other sites More sharing options...
sfokevin Posted March 23, 2015 Share Posted March 23, 2015 (edited) I would suggest filing a usufruct on the title deed on the house as well... Edited March 23, 2015 by sfokevin Link to comment Share on other sites More sharing options...
overherebc Posted March 23, 2015 Author Share Posted March 23, 2015 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. Link to comment Share on other sites More sharing options...
mjnaus Posted March 23, 2015 Share Posted March 23, 2015 (edited) 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 Link to comment Share on other sites More sharing options...
Morakot Posted March 23, 2015 Share Posted March 23, 2015 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. 2 Link to comment Share on other sites More sharing options...
jdinasia Posted March 23, 2015 Share Posted March 23, 2015 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 Link to comment Share on other sites More sharing options...
Morakot Posted March 23, 2015 Share Posted March 23, 2015 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. Link to comment Share on other sites More sharing options...
lopburi3 Posted March 23, 2015 Share Posted March 23, 2015 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. 1 Link to comment Share on other sites More sharing options...
Bernard Flint Posted March 23, 2015 Share Posted March 23, 2015 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 Link to comment Share on other sites More sharing options...
Bernard Flint Posted March 23, 2015 Share Posted March 23, 2015 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 Link to comment Share on other sites More sharing options...
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