Payanak212 Posted December 4, 2015 Share Posted December 4, 2015 Hi All, I am not presently in this situation but it could arise in the coming years. I am well aware of the laws forbidding foreign ownership of land and houses. I want to know if there is any way to protect my investment in any property that may be bought in her name using me as a guarantor and providing funds should we break up. Even if I could only claim half it would be sufficient. I may apply for permanent residency in the coming year or so which may make a difference. If anyone could offer any advice on this topic it would be appreciated. Thanks Link to comment Share on other sites More sharing options...
cornishcarlos Posted December 4, 2015 Share Posted December 4, 2015 Enough threads covering this topic, just use the search function. Start with "usufruct" Link to comment Share on other sites More sharing options...
swissie Posted December 4, 2015 Share Posted December 4, 2015 Enough threads covering this topic, just use the search function. Start with "usufruct" Very true. But by not giving very basic info to OP, he is unlikely to milk "search=engines" concerning this issue. = Too much contradictory info concerning this issue ! He may end up in the hands of a "trustworthy Thai Lawyer", willing to construct a "watertight" real-estate deal for him. (For a modest fee). The "trustworthy lawyer" will include the words " no problem" frequently while setting up the "watertight" deal. The "trustworthy lawyer" is not lying. He will have "no problems". Down the road, the Farang (if it should ever mature into a court matter), will have to shoulder the "problems" . OP is unprepared as far as the subject is concerned. A "trustworthy Thai Lawyer" can tell within 2 minutes, weather a potential Farang is unprepared or not. OP seems to be somewhat "hesitant". Not really willing to go ahead with this project tomorrow morning. Excellent ! Cheers. Link to comment Share on other sites More sharing options...
PattayaPhom Posted December 5, 2015 Share Posted December 5, 2015 Permanent residency dosnt make a difference, as you feel this may make a difference are you aware of the criteria to apply. If property is purchased after marriage in theory you are entitled to 50% however this can be time consuming and expensive with lawyers fees. Usufructs, leases and loans attached to the Chanote are in best a guarantee she cant sell the property without your knowledge but do not offer any financial return if sold, unless a mutual agreement between the two of you is agreed. Link to comment Share on other sites More sharing options...
blackcab Posted December 5, 2015 Share Posted December 5, 2015 I think the only difference permanent residence will make is that you will be around long enough to see through any sale. Link to comment Share on other sites More sharing options...
trogers Posted December 5, 2015 Share Posted December 5, 2015 I like the term used by the OP - Investment...? Link to comment Share on other sites More sharing options...
petermik Posted December 5, 2015 Share Posted December 5, 2015 I,ve just had a house built for myself and my TGF paid entirely by me,this money I consider is now gone and you should consider this also. The law in Thailand regarding house purchase especially is heavily in a Thai,s favour-do not spend any more than you are prepared to walk away from if need be.....this is what I have done. best wishes with your relationship Link to comment Share on other sites More sharing options...
unclejacklondon Posted December 5, 2015 Share Posted December 5, 2015 The above post from petermilk is 100 % correct and anyone going into these purchases should be aware of . If they can cheat their own family out of property and land then farang has no chance . Link to comment Share on other sites More sharing options...
RAZZELL Posted December 5, 2015 Share Posted December 5, 2015 If I was the OP I'd put down the minimum to get a mortgage with a Thai bank in the gf's/wife's name and then if it goes wrong you've only lost the 10-20-30% etc RAZZ Link to comment Share on other sites More sharing options...
thrilled Posted December 5, 2015 Share Posted December 5, 2015 It happens a lot.Farang meets A Thai woman.She has her parents land.She talks farang into building A house.After living in the house for awhile she tells the farang to get out.Police come and they say to him he has to leave.This has happened a lot. Link to comment Share on other sites More sharing options...
scorecard Posted December 5, 2015 Share Posted December 5, 2015 The above post from petermilk is 100 % correct and anyone going into these purchases should be aware of . If they can cheat their own family out of property and land then farang has no chance . And there's a decent chance her brothers and sisters are champing at the bit to try to get their sticky fingers into the situation. Link to comment Share on other sites More sharing options...
SantiSuk Posted December 6, 2015 Share Posted December 6, 2015 $hit does happen here as portrayed, but unlike many on ThaiV would have you believe, it's not the norm. Still best to 'invest' only what you can afford to lose though Link to comment Share on other sites More sharing options...
trogers Posted December 6, 2015 Share Posted December 6, 2015 I like the term used by the OP - Investment...? Only when my name is on the title deed will I call it my investment. Any other way to own real estate is speculative at best, or just charity... Link to comment Share on other sites More sharing options...
swissie Posted December 6, 2015 Share Posted December 6, 2015 I,ve just had a house built for myself and my TGF paid entirely by me,this money I consider is now gone and you should consider this also. The law in Thailand regarding house purchase especially is heavily in a Thai,s favour-do not spend any more than you are prepared to walk away from if need be.....this is what I have done. best wishes with your relationship Quote: "do not spend any more than you are prepared to walk away from if need be." Best approach. Easily said. But when a 5 mill Bht "investment" goes down the drain and Farang starts to realize how much the 5 mill would have bought for HIMSELF, the "walking away" takes on a new dimension. Cheers. Link to comment Share on other sites More sharing options...
thaiduncankk Posted December 6, 2015 Share Posted December 6, 2015 If I was the OP I'd put down the minimum to get a mortgage with a Thai bank in the gf's/wife's name and then if it goes wrong you've only lost the 10-20-30% etc RAZZ 100% correct in my opinion. However, most ladies would not be too happy with this option as it means waiting some years before getting the house in their name. On the other hand, if she is in agreement with the mortgage option, there is a fair chance that she might be a decent girl. Link to comment Share on other sites More sharing options...
Denim Posted December 6, 2015 Share Posted December 6, 2015 Golden rule. If you are worried about the possibility of losing your money don't buy any property here. Rules and regulations change and although you might find a solution to your worries that works now things could alter in unpredictable ways further down the line. Link to comment Share on other sites More sharing options...
huawei Posted December 6, 2015 Share Posted December 6, 2015 Don't buy until you have known your wife for least 10 years and have kids..and then just buy a " home".. It is not an investment... Link to comment Share on other sites More sharing options...
RAZZELL Posted December 6, 2015 Share Posted December 6, 2015 Don't buy until you have known your wife for least 10 years and have kids..and then just buy a " home".. It is not an investment... Stone me... 10 years is a bit of a "long con"!! Also, if they can put up with most of the posters on here for that amount of time they deserve it! RAZZ Link to comment Share on other sites More sharing options...
catman20 Posted December 7, 2015 Share Posted December 7, 2015 buy in a company name it takes all the risk out of the situation for when you do break up Link to comment Share on other sites More sharing options...
jacko45k Posted December 7, 2015 Share Posted December 7, 2015 (edited) Don't buy until you have known your wife for least 10 years and have kids..and then just buy a " home".. It is not an investment... Stone me... 10 years is a bit of a "long con"!! Also, if they can put up with most of the posters on here for that amount of time they deserve it! RAZZ Relationships fail after longer periods too! End result can still be the same. I would not throw the chances of getting permanent residency into the mix as it cannot be assured, and can be regarded as 'unlikely'. The title is 'buying a house with your Thai partner', that suggests 'partner' will be contributing, but somehow methinks he means he will be supplying all the cash. You could rent......... some say wasted money, but so is a house you buy and then lose. Usufruct. Shell company Lease. I don't know much about the option of a mortgage. I like the old statement of do not invest any-more than you can afford to lose..... you can't take it with you anyhow. Be wary is the best one can say. Edited December 7, 2015 by jacko45k Link to comment Share on other sites More sharing options...
catman20 Posted December 7, 2015 Share Posted December 7, 2015 I,ve just had a house built for myself and my TGF paid entirely by me,this money I consider is now gone and you should consider this also. The law in Thailand regarding house purchase especially is heavily in a Thai,s favour-do not spend any more than you are prepared to walk away from if need be.....this is what I have done. best wishes with your relationship whilst I see your point why not buy it in a company name, end of problem, ive been doing it that way for years. at least when you break up if and what you decide to give her is up to you and your house is not stolen from you. Link to comment Share on other sites More sharing options...
dundas Posted December 7, 2015 Share Posted December 7, 2015 Similar to another poster, I just gave the money and the house has turned out to be a brilliant investment - for my Thai partner. As I have no financial interest in the place, there's no tension as to my rights about the property. I don't have any. I don't go crazy worrying about protecting my "investment," or about being cheated out of it. It's not my house. I think there are considerable health benefits from not being stressed out about ownership. Yes, there was a risk in all of this, so maybe I'm just lucky that so far it's worked out as well as it has. The relationship has almost certainly benefitted from zero conflict around ownership issues. I do help my partner in a business sense, but there my input is expertise. In my opinion, that's a far better contribution to a sane and happy relationship than just handing over the money (and yes, handing over the money is exactly what I did). What I did has worked out OK, but now I know better. If I were to do it all over again? I might buy an apartment in my name, but in truth it's probably easier to hold onto the money, and just rent. That way it's easier to keep options open, and to find out what happens when I don't meet a Thai partner's expectations about being a "good provider." Link to comment Share on other sites More sharing options...
SOTIRIOS Posted December 7, 2015 Share Posted December 7, 2015 ....it would be nice to have this 'buy under a company' option available and explained clearly... ...including 'normal costs' associated with it...... ...weren't there some posts that suggested even this can be done the wrong way and therefore be in fact illegal..... Link to comment Share on other sites More sharing options...
thaiduncankk Posted December 7, 2015 Share Posted December 7, 2015 Surely the headline should read: 'Buying a house FOR my Thai partner ?' Link to comment Share on other sites More sharing options...
user82374298374 Posted December 7, 2015 Share Posted December 7, 2015 >If anyone could offer any advice on this topic it would be appreciated. Don't buy anything in Thailand - just rent. Link to comment Share on other sites More sharing options...
jippytum Posted December 7, 2015 Share Posted December 7, 2015 The post from Petermik is not correct .Once divorced you are entitled to 50% of post marriage property .If you got divorced in your own country would you throw in the towel and walk away and give your ex everything . I doubt it and there is no need to do it here. Get some balls and fight for what is legally yours should the relationship not work out. Link to comment Share on other sites More sharing options...
12DrinkMore Posted December 7, 2015 Share Posted December 7, 2015 Strange, I would have thought anybody applying for permanent residency would be well clued up on these issues and giving advice more than asking for it. Link to comment Share on other sites More sharing options...
prakhonchai nick Posted December 7, 2015 Share Posted December 7, 2015 (edited) $hit does happen here as portrayed, but unlike many on ThaiV would have you believe, it's not the norm. Still best to 'invest' only what you can afford to lose though I have seen it as the norm more times than I would wish. Not to me, I hasten to add. Lawyers after the event do not want to help, other than just get their initial fee for pretending to do something. Quite simply its the wifes house, and even if there is an order for her to sell, she will put a 10 million baht asking price on a 3 million baht house and it will remain hers forever! Edited December 7, 2015 by prakhonchai nick Link to comment Share on other sites More sharing options...
Nomyai Posted December 7, 2015 Share Posted December 7, 2015 Enough threads covering this topic, just use the search function. Start with "usufruct" In your name not in your name. If things went tits up who you going to sell too. Another fool? Village people dont have money! Link to comment Share on other sites More sharing options...
F4UCorsair Posted December 7, 2015 Share Posted December 7, 2015 Rent! Rent !!! RENT !!!! Link to comment Share on other sites More sharing options...
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