Advice On House Purchase

[penfold70]

Hi

I am hoping one of the experts on here could give me a little advice.

I have a steady thai gf, but have no intention of getting married.

I am purchasing a house on a development outside of bangkok, so the she and her son have a nice place to live while i am away working and some security should anything happen to me.

Of course, my girlfriend thinks the house and land should be in her name.

My original plan was to go down the company route, but after reading this forum, have realised this is not a good or even possible idea.

I am wondering what the current best advice is ?

[backflip]

Buy on a condo in YOUR name.

[Dragonman]

Hi

I am hoping one of the experts on here could give me a little advice.

I have a steady thai gf, but have no intention of getting married.

I am purchasing a house on a development outside of bangkok, so the she and her son have a nice place to live while i am away working and some security should anything happen to me.

Of course, my girlfriend thinks the house and land should be in her name.

My original plan was to go down the company route, but after reading this forum, have realised this is not a good or even possible idea.

I am wondering what the current best advice is ?

I am still of the opinion that in such a case the land in your girlfriend's name, and the building in your name, is the fairest way. You can tell her that you will make a Will that as long as she remains with you until death the structure will also be hers. If you split up the building can be yours, or whoever you bequeath it to, subject to law on foreign ownership.

[penfold70]

thanks dragonman

i have read somewhere that a loan can be secured on the land to stop it being transferred without my wishes. Is this practical and legal ?

[teej]

Of course, my girlfriend thinks the house and land should be in her name.

Hmm... I wonder why...

[billaaa777]

The best way to do this is by using the following schedule. On Monday buy the house in your girlfriends name. Then on Tuesday start looking for you new girlfriend.

[dsfbrit]

Hi

I am hoping one of the experts on here could give me a little advice.

I have a steady thai gf, but have no intention of getting married.

I am purchasing a house on a development outside of bangkok, so the she and her son have a nice place to live while i am away working and some security should anything happen to me.

Of course, my girlfriend thinks the house and land should be in her name.

My original plan was to go down the company route, but after reading this forum, have realised this is not a good or even possible idea.

I am wondering what the current best advice is ?

I am not an expert, but I have a Thai wife and a house and land in Pattaya. I have (sadly?) bought through the company route - and am thinking what to do next.

I have followed the advice of 'only bring to Thailand money you can afford to lose' so I am not losing any sleep over this!

The options I have considered are many - however the option (favourite) I am considering at the moment is a common approach used by many farangs, which is to put the land in your GF/wife name with a 30 year lease on the land for you.

You then put the house in your name - a farang can own the house outright.

I am not rushing to do this - but this seems a good option, makes the other half happy she has land and you happy as you have not given over all control and still own the house.

My concern (my case) is if she dies what happens then - sure she can make a will, but that can be changed. Its not that I dont trust my wife as such-its just that if you do split up it can get messy!

The advice I read above sounds better - buy a condo that is yours - less messy!!!

good luck

[Dragonman]

thanks dragonman

i have read somewhere that a loan can be secured on the land to stop it being transferred without my wishes. Is this practical and legal ?

Yes, as long as you don't ever plan to marry this is possible. However the loan needs to be drawn up correctly, including interest repayments, etc., in order for it not to be considered contrived in any Court Case. Personally I prefer the route dsfbrit is considering.

[Nadia 2]

I would say the easiest and maybe safest way is make a deal with the developer. Lease the land from the developer, register freehold ownership over the house, and transfer the land (do not make it look as one deal) after the lease registration to your girlfriend for a nominal amount. Possible as the land has little value with a 30-year lease over it - and your girlfriend would take the land subject to the lease (not too difficult).

Also have a look at 'legal'Here article about buying in your girlfriends name...

[siddv]

As stated above..be willing to walk away from everything you pay for this house and you can rest easily. Do not pour your life savings into it but if its just a fraction of your assets..say 10% why worry? Any supposed legal right to anything, ie. 30 year leasback ect is worthless..you are on their turf and when you walk into court..assuming you pour tons in legal fees to get that far..guess what? YOU LOSE!!!! So.. do not fret..buy the house only if you can walk away from it all. Otherwise..as some very wise man noted above..find a new, younger GF with no kids!

[Casanundra]

You need an Usufruct agreement!

Before you do anything have a look at this creative solution from SunBelt Asia as it satisfies all parties

http://www.stickmanbangkok.com/Reader/reader1010.html

and also this from another guy who did the land in the wifes name but the house in his own name:

http://www.stickmanbangkok.com/Reader2006/reader2792.htm

What ever you do... don't buy the land and the property in your girlfriends name as I know far to many people who have been chased down the garden path with an axe the day after the paperwork was completed.

Even better go and buy a Condo in YOUR name.

I wouldn't recommend the company nominee route because too much focus is currently going on there to make it too risky right now.

[Dragonman]

As stated above..be willing to walk away from everything you pay for this house and you can rest easily. Do not pour your life savings into it but if its just a fraction of your assets..say 10% why worry? Any supposed legal right to anything, ie. 30 year leasback ect is worthless..you are on their turf and when you walk into court..assuming you pour tons in legal fees to get that far..guess what? YOU LOSE!!!! So.. do not fret..buy the house only if you can walk away from it all. Otherwise..as some very wise man noted above..find a new, younger GF with no kids!

I'm afraid I don't, from experience, agree with these "urban myths" regarding farangs never being successful in Thai Courts. There are even examples of members of this forum being successful when the odds were stacked in favour of the Thai. There are of course a few examples, mainly historic, where justice has not been done. However no more than in UK, USA or other countries with a reasonable legal system. Anyone who does "nothing" because they believe the law will not protect them, will end up with exactly that, "nothing".