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Posted

Not sure which forum to ask this so I am putting it here as well.

I recently bought a farm in Thailand, I put it in my wife's name. I have since built a house and sheds and improved the land. I have a smaller partner in the venture.
I was thing of making a lifelong usufruct agreement for nil consideration on the property to protect our interests but believe that it can be cancelled upon divorce affording no protection.
Is it true that the usufruct cannot be cancelled by my wife in the case of divorce if a third party is mentioned in the agreement. If so how would I word that clause to include the interests of my partner?
Thanking you in advance.

Posted (edited)

It is true that any contract between husband and wife can be cancelled by either party at any time up to one year after divorce.

It can be argued that the Usufruct is not a contract but is a grant of real estates rights by one person to another. I know, personally, of one instance where the Usufruct was upheld by the courts after a divorce using this argument. (another judge hearing a another case.

A qualified lawyer would be the best source of information.

Edit....later saw that you already posted in Ask the Lawyer.

Edited by ThaidDown

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