Lease

[lelapin]

I bought a house in my girl friends name but with a 20 year lease in my name. If I die during that period does the lease terminate and if not how can I arrange for it to be transferred to her.

[Rooo]

Moved to correct forum.

[konying]

Sorry but why would you worry about the after death?

1. You will be dead, so whats the difference?

2. House is in her name, so it belongs to her.

3. i do not believe 20 year lease is legal in the eyes of law or should any problem arise

[lelapin]

So presumably Konying you have not made a will because you don't give a damn what happens to any of your next of kin after you have gone

[konying]

So presumably Konying you have not made a will because you don't give a damn what happens to any of your next of kin after you have gone

1. You said GF, hardly next of kin

2. Again, YOU bought a house in HER name, what happens to her? she owns the house now and will continue to own it. Common sense should prevail at some point

[lelapin]

She owns it, but couldn't sell it while I am alive during the 20 year lease. After I die does the lease cease to exist or do my next of kin have ownership of it for the remainder of the term. Not too difficult to understand the problem.

Konying my g/f is closer to me than my next of kin but from your comment that would appear to be something you have never experienced.

[ThaidDown]

Assuming that the 20 year lease has been registered at the Land Office and is noted on the chanote, the lease is legal.

She can sell the property during the 20 year period but the outstanding part of the 20 year lease must be honoured by the new owner.

On your death the lease is terminated since, in Thailand, it is considered a personal right not a real asset that can be passed onto heirs.

If you have any assets in Thailand then you should make a will stating exactly how they should be distributed.

[konying]

She owns it, but couldn't sell it while I am alive during the 20 year lease. After I die does the lease cease to exist or do my next of kin have ownership of it for the remainder of the term. Not too difficult to understand the problem.

Konying my g/f is closer to me than my next of kin but from your comment that would appear to be something you have never experienced.

May be 3rd time lucky.

She owns it and can do with it what ever she likes, including selling it.

You are right I have never experienced a girlfriend to be closer than next of kin, who does not speak my language , does not understand my culture or values .

True love

[lelapin]

Thanks ThaidDown for your informative response.

[konying]

Assuming that the 20 year lease has been registered at the Land Office and is noted on the chanote, the lease is legal.

She can sell the property during the 20 year period but the outstanding part of the 20 year lease must be honoured by the new owner.

On your death the lease is terminated since, in Thailand, it is considered a personal right not a real asset that can be passed onto heirs.

If you have any assets in Thailand then you should make a will stating exactly how they should be distributed.

I am pretty certain 20 year leases are not legal, recent court ruling in Phuket ruled out 30 year leases, so 20 year lease might fall in the same category .

I seriously doubt op registered it with the land office, because if he did gf would be liable for yearly tax payments

Bar girl love is tough, when one needs a lease yet calls gf closer than a blood family.

[ThaidDown]

^^ Leases of more than 3 years up to 30 years if recorded on the chanote at the land Office are legal.

The Phuket cases relate to 30+30+30 year leases which were, of course, ruled illegal. The unexpected suggestion was that the whole of the lease agreement, including the first 30 years was therefore null and void.

Again , leases up to 30 years (recorded on the chanote) are legal. If the lease was not registered at the Land Office then the 20 year lease is not valid.

I believe that an unregistered 20 year lease will be treated in law as a 3 year lease NOTE this is only my belief, get legal advice for the truth of the matter.,

Edit to add.... Sounds like an Usufruct would be a better bet than a lease. This would be granted to you by your girlfriend and could last until your death or for a fixed time, it would enable you to control the property for the period of the usufruct. Another advantage is that it is very inexpensive to obtain and has no taxes associated with it. The subject has come up many times on this forum just use search.

Edited April 15, 2015 by ThaidDown

[konying]

^^ Leases of more than 3 years up to 30 years if recorded on the chanote at the land Office are legal.

The Phuket cases relate to 30+30+30 year leases which were, of course, ruled illegal. The unexpected suggestion was that the whole of the lease agreement, including the first 30 years was therefore null and void.

Again , leases up to 30 years (recorded on the chanote) are legal. If the lease was not registered at the Land Office then the 20 year lease is not valid.

I believe that an unregistered 20 year lease will be treated in law as a 3 year lease NOTE this is only my belief, get legal advice for the truth of the matter.,

You could be right as I said I was not too sure about the legality of 20 year lease , I do know when I did lease of my business it had to be 3x3x3 and so on to be registered with land office

Do not recall the reason why

[lelapin]

Poor konying.

You really must have suffered during your relationships with foreign ladies to have so much bitterness within you.

You shouldn't assume that all of us meet their girlfriends in the same sort of establishments you obviously do.

I have no concern regarding the integrity of my girlfriend but one mustn't assume that because I am a lot older than her that I will leave this earth before she does. In the event that I don't, it would seem wise to safeguard my future security. Hope things turn out for you better in the future as it is clear some things in the past have built up this enormous chip on your shoulder that you are clearly burdened with.

[konying]

Poor konying.

You really must have suffered during your relationships with foreign ladies to have so much bitterness within you.

You shouldn't assume that all of us meet their girlfriends in the same sort of establishments you obviously do.

I have no concern regarding the integrity of my girlfriend but one mustn't assume that because I am a lot older than her that I will leave this earth before she does. In the event that I don't, it would seem wise to safeguard my future security. Hope things turn out for you better in the future as it is clear some things in the past have built up this enormous chip on your shoulder that you are clearly burdened with.

Possibly due to an old age you do not grasp the basics .

You are the foolish one buying house in gf name .

You are the one with trust issues, otherwise you would not be doing a lease

You are the one, completely oblivious to local laws, rules or regulations and yet here you are questioning my abilities?

Can only hope your batgirl can spell your name properly or spell it at all or know what your blood type is.

Crawl back under your rock instead of making bigger fool out of yourself.

Edited April 15, 2015 by konying

[lelapin]

Konying. It is you who have shown your lack of local knowledge re your Phuket comments exposed thanks to ThaiDown.

Carry on ranting. You have to get your kicks somehow until you can find yourself a good English speaking g/f with similar culture and values

[konying]

Konying. It is you who have shown your lack of local knowledge re your Phuket comments exposed thanks to ThaiDown.

Carry on ranting. You have to get your kicks somehow until you can find yourself a good English speaking g/f with similar culture and values

You mean gf NOT from the bar?

My lack of knowledge re Phuket? Go register your 20 year lease and then come back yelping.

Troll, see you in 6 months with another thread on what to do because gf threw you out

[crazygreg44]

Why would you put your life at a risk ? It's her house, and in case the two of you split, it will still be her house.

Given she might then want to sell it, mainly because she prefers the money to a house in a place where she does not want to be.

However, now since you insist to live in the house for the rest of the 20-year lease term the two of you agreed upon, you are giving her a reason to seek to remove you. You will be in her way. A killer does not cost this much in these latitudes.

It's the situation that applies, when we here in this forum often say, be willing and ready to give up all you invested and walk away free and undisturbed.

When I bought my girlfriend a house, I accepted it is a one way street. If we split, I will walk away, even in case we split in a friendly manner. If we split in hatred, what would a lease contract do me any good ? No, on the contrary, it will put my life in danger if I dare to stay inside "my" house and don't pay any rent because that's what is written in the contract. Please wake up and ask your girlfriend to burn the lease paper. Live together with her IN THE house OR don't live with her AND the house.

Ah yes, and for the rest of your belongings I hope you have already put up a written and legal will. It is of course not needed if you have children from a previous marriage, as they will automatically be your benificaries. In case you wish to inherit anything to your girlfriend, make sure the wills have a notary's OK. Try to read the ThaiVisa topics on HOW TO MAKE UP A LEGAL WILL.

Edited April 15, 2015 by crazygreg44

[Sealbash]

OP, I applaud your foresight and wishing to ensure a secure future for someone you care about. Just ignore the usual negative comments from the posters who are jealous that they are not human enough to experience a real life. I have taken steps, through wills, designated beneficiary, etc to ensure all my earthly belongings go to whom I choose upon my demise. I would suggest you consult a lawyer regarding the lease, rather than endure all the negative comments you are sure to receive on TVF.

[fey]

easier just to rent. thats my 2 cents.

good luck with whatever you arranged.