Buying a house with your Thai partner

[Krataiboy]

If you are married and subsequently divorce you are legally entitled to half the proceeds of the sale of the house, irrespective of whose name it is registered in or whose money bought it.

If you are not married this protection does not apply. So either get married, buy in a house in a company name (not so straightforward these days as it used to be), get the protection of a usufruct deal, or buy a condo which you can own fully;

Alternatively, get a partner you can trust. Which is probably the best solution of all.

Edited December 7, 2015 by Krataiboy

[Tony125]

Payanak212

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"

*** With that quote you are obviously NOT aware of the laws or you wouldnot have made that statement. You cannot own " land " but you can buy/build and own a house on land that is leased or covered by a usufruct. Ther are ways to protect yourself but none are foolproof but as was said earlier if you are married property including a home will be ordered sold in the event of a divoirce and divided 50/50 but if thehome is in Nakon Nowhere whose going to buy it. Better chech this guy out who thought he had everything covered:

http://www.thaivisa.com/forum/topic/856992-defrauded-by-my-wife-and-criminals-in-thailand-bbc-special-report/

[Nomyai]

True story.

Farang did all the goodie two shoes routine. Built house got ustruct whatever. Things turned sour. Rumour in the village which Farang heard was that it was decided the house will accidentally burn down in the near future. The rumour was particially correct- burning was involved but it was the Farang not the house. It was decided it would be foolish to trash a perfectly good asset.

Farang has never been seen since. He still owns the house by the way....................hahahaha.

[Capt Rob]

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."

A good summation. Posters have painted various scenarios but none which have been tried and proved. Think the usufruct with a back up interest free loan document ( to your partner ) 'might' be an answer, this would provide protection from a failed relationship or, the partner falling under a bus and a horde of relations puting their hands out - I'll let you know!

[thaiduncankk]

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.

In the province where I live, there is at least one well respected developer who will offer the farang the mortgage.

Somebody I know, who unfortunately recently passed away, went to the developer 11 years ago with the all the cash for the house purchase in a brown envelope.

They sat down together, and the developer explained how sick he was at seeing the farang getting ripped off by their Thai wife, in buying outright with the wife turning bandit.

He brokered a deal, whereby 90% was paid upfront, with the remaining 10% paid on a mortgage deal, at a small percentage rate above what the bank was offering. This meant that he kept hold of the title deeds until the mortgage was fully paid off. In the case of a split up, the broker was prepared to either do a deal to buy it back, or help find a purchaser for the house, and refund the majority of money already paid out.

To me it is a great way to minimize your losses, but as I stated earlier, the wife (or girlfriend) would probably not be too happy with such an arrangement.

[MaeJoMTB]

90% home loan from SCB in her name with repayments over 30 years.

Then your money is safe.

But then, how many guys have a Thai partner that has a real job?

Which she needs to get the home loan.

PS

Make sure the house is in, or near, a big city, so it actually has resale value.

Not something built on her family land in the boonies.

Edited December 7, 2015 by MaeJoMTB

[MaeJoMTB]

$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

Worldwide, men losing their house to a woman is the norm.

Why should Thailand be different?

[huawei]

$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

Worldwide, men losing their house to a woman is the norm.

Why should Thailand be different?

You usually don't lose it from the outset....

[Pattaya Wolf]

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

I have the same as above, also insurance for the wife and insurance on the loan if anything happens to the wife. Hope this helps.

[slipperylobster]

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

I have the same as above, also insurance for the wife and insurance on the loan if anything happens to the wife. Hope this helps.

sound advice.

if you have a 5 million baht in cash (or equivalent)...hide 75% of that away and let it accrue interest. (back home in farangland).

put down the bare minimum and try to take the longest time possible to pay it off...(lowest monthly payment). The interest earned on your nest egg can be used to offset you monthly payments.

if you die, you can will the money in farangland to the wife...supplemented with insurance.

enjoy a worry free retirement....don't sign away all your cash to buy something here......just let in accrue interest and will it to your wife/children to payoff the house later.

Edited December 7, 2015 by slipperylobster

[luis888]

Enough threads covering this topic, just use the search function. Start with "usufruct"

If you feel you don't wamt to help the OP, why do you bother with the reply? I know, it to add to your 2800 + posts, makes you look impressive

[khunPer]

A lot of good and true advises, like: Never “invest” more in property with a Thai partner, than you can afford to loose.

However, there are a number of ways to protect you, but may not all be fully legal proof if it comes to Court.

A foreigner can own a house, but not the land that the house is built on.

If you’re going to build on Thai spouse’s family land, then look – meaning search, there are a number of good treads in both this Forum and information from external links – for “usufruct” and “superficies”. Not all Land Offices will issue it, but to my knowledge most. However, if something goes wrong between you and your, now ex. Thai partner, you may not wish to live there, especially if it’s a house on your ex’s family-village-land...

If you buy land, then let it be Chanote title deed only – can also be Nor Sor, 3 (sarm) or khor, and immediately request upgrade to Chanote. You can have loan servitude on the land deed, like kind of mortgage, that you lent money to the owner named on the deed, which mean that the land cannot be sold or transferred to another name without the loan being paid in full. There may be a legal problem with contracts between husband and wife; a lawyer shall be able to advise you.

When building a new house you can “own” the house as foreigner, but your only proof of ownership will be: Your name on architect drawings; your name on building permission (you will need permission from the land owner also to build); your name on all construction contracts, money transfers and receipts. Buying an existing house that is separated from the land, you can have the house registered at Land Office with a foreign owner – but remember, you do not own the land and will need a 30-year lease (or like), or superficies to protect your access rights to “your” house.

A number of lawyers with experience in real estate can advice you about an often-used method, by letting a Thai company limited own the land and lease it out to you. You can own up to 49% of the shares and there are additional ways to protect yourself; however it’s not within the intention of the Laws. A lawyer will know what’s best at present time; probably the authorities will not investigate deep into smaller non-commercial private house set-ups. However, there will be ongoing costs running the company, so be prepared to spent from 40k baht and up each year.

Having Thai-citizen child/children, you can have property (land) in child’s name; that land cannot be sold or transferred before the child is of legal age, 20 years old. Any usufruct or superficies servitude shall be made before the land is transferred to the child’s name, as some Land Offices may not accept them after – the way the Law works in practice varies from province-to-province, a local lawyer will know what’s possible.

I own a house on leased land, and tried to protect my “investment” in various ways, so I have little experience being through the process, but may not have done it “the right way” – that I will only know if I keep my property-rights till the end...

Therefore the good advise: Never “invest” more than you can afford or overcome to loose – meaning, yes it may be hard to loose life-saving’s dream house, but you shall be able to survive – one-or-other way...

Wish you good luck with your future plans.

[cornishcarlos]

@ luis888

Because it becomes tiring answering the same threads continuously... People are too lazy to search for themselves !!

I really don't care how many posts I have, otherwise I would be replying to every mundane topic like a lot of bored people do...

2800+ in over 6 years ? I'm am amateur my friend

Edited December 7, 2015 by cornishcarlos

[Fabricus]

90% home loan from SCB in her name with repayments over 30 years.

Then your money is safe.

But then, how many guys have a Thai partner that has a real job?

Which she needs to get the home loan.

PS

Make sure the house is in, or near, a big city, so it actually has resale value.

Not something built on her family land in the boonies.

My GF's mortgage is in her name. The house is on her land. She paid the deposit. I give her 50% of the monthly repayments.

THE RULES

1. The mortgage must be in her name. If she's not credit-worthy, dump her.

2. She must pay the deposit in full. If she can't afford it, dump her.

3. Mortgage repayments should be split 50-50. Never pay more than half. If she asks for more, dump her.

4. View the repayments as you would when paying rent. You will never own the house.

[USNret]

Someone made a comment in passing reference, but let me say it more clearly: Purchasing property with a Thai partner is NOT an investment. You will see no ROI whatsoever. It is an expense, lost money, never to be seen again. You may enjoy the use of the property for some period of time and perhaps some other intangible value, but for all intents & purposes, plan to write off that money once spent. You will never see it again. If you were depending on this money for some other purpose someday in the future, do not consummate the transaction.

[huawei]

Don't buy anything if you have to " protect" it..just give it as a gift..if you have to protect it then you have " invested" ( stupid word in this context ) more than you should have. All this nonsense about walking away....the real problem is that foreigners marry in haste, buy in haste and then..

Just buy your partner the house..but wait 10 years to do so.

[sead]

1: Buy a Town house. You can buy that house in your name.

2: Buy a condominium. Can also buy in your name.

3: Buy a standalone house in a company name. about 40k bht for company name.

4: Condominiums and Townhouses can be bought in foreigners name or company name.

Standalone houses only in Thai or company name

google and you will find more info. English speaking lawyer is needed ofc. 1 that you choose not your gf/wife. After agreement is set dont sign it. Take it to another lawyer in another city without your wife and ask if its good. You sure did work a long time for your money. Dont let it go away easy.

Any grammatical errors are a gift from me to you.

[oslooskar]

How about I buy a house with my ex-wife, who is a Thai national, and we put the house in our son's name? (He has both Thai and American citizenship)

[bazza40]

$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

Worldwide, men losing their house to a woman is the norm.

Why should Thailand be different?

It is different, just not in the way you mean. There's a big difference between splitting the proceeds of the sale of a $800,000 house in Australia, and giving your Thai g/f $30,000 to build the fully furnished house of her dreams in the boonies. I'm quite happy to kiss that money goodbye because I have the choice of the city or the country to stay as the whim takes me. If we did break up, it would be a lot less expensive than a Western woman, whose aim is to extract your testicles via your wallet.

The real problem is falangs, with unrealistic expectations of the lifestyle they should have, building 5-10 million baht houses. That will usually end in tears, because that amount of money is too much temptation for the average Thai. They would be better off lowering their sights a little.

[stephenterry]

90% home loan from SCB in her name with repayments over 30 years.

Then your money is safe.

But then, how many guys have a Thai partner that has a real job?

Which she needs to get the home loan.

PS

Make sure the house is in, or near, a big city, so it actually has resale value.

Not something built on her family land in the boonies.

My GF's mortgage is in her name. The house is on her land. She paid the deposit. I give her 50% of the monthly repayments.

THE RULES

1. The mortgage must be in her name. If she's not credit-worthy, dump her.

2. She must pay the deposit in full. If she can't afford it, dump her.

3. Mortgage repayments should be split 50-50. Never pay more than half. If she asks for more, dump her.

4. View the repayments as you would when paying rent. You will never own the house.

I would hope that any traditional gf would dump any farang with the above rules first, and seek a better man to live with

[bazza40]

90% home loan from SCB in her name with repayments over 30 years.

Then your money is safe.

But then, how many guys have a Thai partner that has a real job?

Which she needs to get the home loan.

PS

Make sure the house is in, or near, a big city, so it actually has resale value.

Not something built on her family land in the boonies.

My GF's mortgage is in her name. The house is on her land. She paid the deposit. I give her 50% of the monthly repayments.

THE RULES

1. The mortgage must be in her name. If she's not credit-worthy, dump her.

2. She must pay the deposit in full. If she can't afford it, dump her.

3. Mortgage repayments should be split 50-50. Never pay more than half. If she asks for more, dump her.

4. View the repayments as you would when paying rent. You will never own the house.

IMHO the probability of meeting a Thai GF who can conform to the first three attributes is vanishingly small. Congratulations sir, you won the lottery.

[Nomyai]

Ive read the thaigirl handbook to marrying farangs. If he doesnt agree to build you a house he doesnt love you.

Rule number 1.

[cracker1]

"I am well aware of the laws forbidding foreign ownership of land and houses."

You are not forbidden from owning houses in Thailand and there are many ways of protecting your interests if you chose.

[stephenterry]

Ive read the thaigirl handbook to marrying farangs. If he doesnt agree to build you a house he doesnt love you.

Rule number 1.

If you're going to marry a farang partner the male would most probably be the main provider if the girl is poor. So what's different?

Most females need security, that's normal

[Fabricus]

90% home loan from SCB in her name with repayments over 30 years.

Then your money is safe.

But then, how many guys have a Thai partner that has a real job?

Which she needs to get the home loan.

PS

Make sure the house is in, or near, a big city, so it actually has resale value.

Not something built on her family land in the boonies.

My GF's mortgage is in her name. The house is on her land. She paid the deposit. I give her 50% of the monthly repayments.

THE RULES

1. The mortgage must be in her name. If she's not credit-worthy, dump her.

2. She must pay the deposit in full. If she can't afford it, dump her.

3. Mortgage repayments should be split 50-50. Never pay more than half. If she asks for more, dump her.

4. View the repayments as you would when paying rent. You will never own the house.

I would hope that any traditional gf would dump any farang with the above rules first, and seek a better man to live with

Seriously, grow up and see the light.

Westerners talking about "traditional women" are clueless fools. There's no such thing as a traditional woman.

Generous western men are not viewed as "nice guys" or "ideal husbands". They're seen as saps, marks and suckers.

[Fabricus]

90% home loan from SCB in her name with repayments over 30 years.

Then your money is safe.

But then, how many guys have a Thai partner that has a real job?

Which she needs to get the home loan.

PS

Make sure the house is in, or near, a big city, so it actually has resale value.

Not something built on her family land in the boonies.

My GF's mortgage is in her name. The house is on her land. She paid the deposit. I give her 50% of the monthly repayments.

THE RULES

1. The mortgage must be in her name. If she's not credit-worthy, dump her.

2. She must pay the deposit in full. If she can't afford it, dump her.

3. Mortgage repayments should be split 50-50. Never pay more than half. If she asks for more, dump her.

4. View the repayments as you would when paying rent. You will never own the house.

IMHO the probability of meeting a Thai GF who can conform to the first three attributes is vanishingly small. Congratulations sir, you won the lottery.

Why not just say that you have little or no experience of mingling with affluent, middle class Thais.

[stephenterry]

90% home loan from SCB in her name with repayments over 30 years.

Then your money is safe.

But then, how many guys have a Thai partner that has a real job?

Which she needs to get the home loan.

PS

Make sure the house is in, or near, a big city, so it actually has resale value.

Not something built on her family land in the boonies.

My GF's mortgage is in her name. The house is on her land. She paid the deposit. I give her 50% of the monthly repayments.

THE RULES

1. The mortgage must be in her name. If she's not credit-worthy, dump her.

2. She must pay the deposit in full. If she can't afford it, dump her.

3. Mortgage repayments should be split 50-50. Never pay more than half. If she asks for more, dump her.

4. View the repayments as you would when paying rent. You will never own the house.

I would hope that any traditional gf would dump any farang with the above rules first, and seek a better man to live with

Seriously, grow up and see the light.

Westerners talking about "traditional women" are clueless fools. There's no such thing as a traditional woman.

Generous western men are not viewed as "nice guys" or "ideal husbands". They're seen as saps, marks and suckers.

You need to grow up. Obviously we are at different spectrums where I've had good experiences and maybe you haven't. Don't bother to reply, because your rules show me you're a control freak.

[MaeJoMTB]

^^

He who doesn't control his money, loses it!

[Mr Moo]

I left Thailand in 1998 because of family interference.

I will be returning in 2016, same women, same family but much better prepared.

Remember: Fail to Plan = Plan to Fail.

[petermik]

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.

I know FULL well the divorce laws in Thailand,my reply is based on what I would do and recommend to others,if it goes tits up I would just walk away-for all the laws none are there to protect a farang.