home ownership

[johnarth]

so the land and home is in your wife name, what happens if your wife dies? main question can family move in and kick you out?

[beachproperty]

Have her do a "will", giving it to you ( You have a year to sell it)..... otherwise family can move in and kick you out

[blackcab]

Just one thing... if the land is part of the family plot or is in their village, the land will be very very difficult to sell if the family do not want it to be sold. No Thai person will buy the land for a reasonable price if the family in the village don't want it to happen.

If the land and house is well away from the family this does not apply.

[BlindMagician]

You mourn?

Is your relationship with her and or her family that rocky?

[torpedo1970]

Had this happen to a friend of a friend

One week after the funeral, his wife's family came and told him to move, since they had sold the house....

So yes make a will.....

[MaeJoMTB]

Had this happen to a friend of a friend

One week after the funeral, his wife's family came and told him to move, since they had sold the house....

So yes make a will.....

...... and yet,

Without a will the surviving spouse automatically owns 75% of any property.

(50% under Thai joint marital assets law + 25% under Thai inheritance law)

Not to mention probate ........

Thai probate isn't done in a week, and nobody can sell anything that belonged to a dead person, until after probate.

(Probate takes 3-6 months if uncontested, depending on how busy your local court)

Edited January 29, 2016 by MaeJoMTB

[giddyup]

Get a 30 year lease. I asked the lawyer about it when he drew up the lease. He said that the wife dying has no effect on the 30 year lease, I can still continue to live in the house until I cark it.

[sanukjim]

Today have a lawyer draw up a 30 year lease and her family will not be able to move in until the lease is up a will is a plus.

[akentryan]

Just wemt thru this. Wife, 20 years younger and a lawyer, died after a 9-day illness. If your wife's parents are alive you get 50% and share equally in the other 50% with the parents. That mean if you want to buy the house you live in you must pay 1/3 of the Fair Market Value to the parents. The same is true of an auto. Bank accounts in your wife's name you get 2/3. In addition the 2/3 that you "inherit" you must pay Thai Income Tax on. Doesn't matter what your relationship is with her family - when the money is on the table they want it and the fangs come out.

[crocken]

5 years ago my wife died...no will ...all the land and 2 house came to me....With a note I have to dispose of it in 12 months....so I gave it all back to the family....and I still live there now....

[akentryan]

In addition, do not name a family member as executor. Name yourself and get a lawyer. Magna Carta if you are in Pattaya is very competent and honest.

[giddyup]

Just wemt thru this. Wife, 20 years younger and a lawyer, died after a 9-day illness. If your wife's parents are alive you get 50% and share equally in the other 50% with the parents. That mean if you want to buy the house you live in you must pay 1/3 of the Fair Market Value to the parents. The same is true of an auto. Bank accounts in your wife's name you get 2/3. In addition the 2/3 that you "inherit" you must pay Thai Income Tax on. Doesn't matter what your relationship is with her family - when the money is on the table they want it and the fangs come out.

How can a falang "buy" the house from the parents when a falang can't own the house? Well he can own the house but not the land it sits on.

[bazza40]

Don't know that I'd want to live in a house surrounded by family that wanted me out of there, irrespective of any legal safeguards.

I've talked this over with my GF. Her mother is dead, the father is late eighties. Her position is she wants me to stay there, because the siblings couldn't afford to maintain it. Eventually it will go to her grandchild.

[bazza40]

5 years ago my wife died...no will ...all the land and 2 house came to me....With a note I have to dispose of it in 12 months....so I gave it all back to the family....and I still live there now....

Smart man.

[giddyup]

5 years ago my wife died...no will ...all the land and 2 house came to me....With a note I have to dispose of it in 12 months....so I gave it all back to the family....and I still live there now....

Smart man.

He was lucky. The family could have thrown him out and sold the house.

[bazza40]

5 years ago my wife died...no will ...all the land and 2 house came to me....With a note I have to dispose of it in 12 months....so I gave it all back to the family....and I still live there now....

Smart man.

He was lucky. The family could have thrown him out and sold the house.

True enough. And I could have been a multi-millionaire if I had listened to my own advice.

Obviously, crocken knew the family better than you.

[giddyup]

5 years ago my wife died...no will ...all the land and 2 house came to me....With a note I have to dispose of it in 12 months....so I gave it all back to the family....and I still live there now....

Smart man.

He was lucky. The family could have thrown him out and sold the house.

True enough. And I could have been a multi-millionaire if I had listened to my own advice.

Obviously, crocken knew the family better than you.

Nobody knows anybody when it comes to money. The closest of families have turned on each other over the reading of a will. If you think that can't happen you still believe in Santa Claus.

[frank0424]

5 years ago my wife died...no will ...all the land and 2 house came to me....With a note I have to dispose of it in 12 months....so I gave it all back to the family....and I still live there now....

Smart man.

He was lucky. The family could have thrown him out and sold the house.

They still can....

[bazza40]

He was lucky. The family could have thrown him out and sold the house.

True enough. And I could have been a multi-millionaire if I had listened to my own advice.

Obviously, crocken knew the family better than you.

Nobody knows anybody when it comes to money. The closest of families have turned on each other over the reading of a will. If you think that can't happen you still believe in Santa Claus.

I don't automatically think the worst of people. Looks like you do. Have a happy life with that.

[giddyup]

He was lucky. The family could have thrown him out and sold the house.

True enough. And I could have been a multi-millionaire if I had listened to my own advice.

Obviously, crocken knew the family better than you.

Nobody knows anybody when it comes to money. The closest of families have turned on each other over the reading of a will. If you think that can't happen you still believe in Santa Claus.

I don't automatically think the worst of people. Looks like you do. Have a happy life with that.

Wake up and smell the coffee.

[Mr Money Bags]

Wake up and smell the coffee.

I love coffee.

Maybe I can join......

You're Welcome!!

[ozyjon]

what happens if your wife dies?

she goes to heaven, you go to

a living hell...

[AlbionThailand]

My solution was a Will with the Thai wife leaving all assets (bank account, possessions) and real estate (specifically listed) to my son who is a minor. The attorney confirmed that by doing so, she cuts out any family members who believe they have a claim against our assets.

I intentionally did not transfer to myself as would have to sell Real Estate within 12 months. However, in the Will, she appointed me as the "guardian" which will allow me to oversee my son's inherited assets until he becomes of legal age.