hocuspocus Posted February 14, 2016 Share Posted February 14, 2016 We are in the process of transferring ownership of some land into my Thai wife's name from her mother. We plan to build a house on the land but firstly we need to get a lease in my name so that the house can be built and so that I will have something in my name. I understand that when the house is completed we can go to the Amphur to get a yellow book with both our names on. I know a lot of the negatives about building houses in Thailand but sometimes you just have to take a chance. If it went horribly wrong I would not be losing a fortune. The land transfer will be done in the land office in the nearest big city to the village about 60kms away. So what I need to know is: Do I get the lease drawn up at the land office where the transfer takes place or can it be done at the local village Amphur or is the lease something that can be drawn up by a lawyer at the same time that I make my will out? Thanks in advance Link to comment Share on other sites More sharing options...
Srikcir Posted February 14, 2016 Share Posted February 14, 2016 You may have to get a usufruct. Link to comment Share on other sites More sharing options...
realenglish1 Posted February 15, 2016 Share Posted February 15, 2016 Go see a lawyer for this to make sure since you really do not know anything about it Link to comment Share on other sites More sharing options...
johng Posted February 15, 2016 Share Posted February 15, 2016 What's the point ? if you fall out with your wife and she wants to make your life difficult having a lease or usufruct isn't going to help in the slightest she, her family and friends could quite easily make your life a living hell...if it goes wrong just pack all your stuff into a pickup and move far far away.. Link to comment Share on other sites More sharing options...
MaeJoMTB Posted February 15, 2016 Share Posted February 15, 2016 (edited) 555 at the guys that think they will be able to control her family land. Not to mention any house you build in the boonies will be worthless. No resale value at all. Buy some land in Hua Hin, Chiang Mai, etc. Well away from her family. And in a location where your building will have resale value. Not to mention, in a place you might enjoy by yourself if your wife leaves/dies/etc. Edited February 15, 2016 by MaeJoMTB Link to comment Share on other sites More sharing options...
Boycie Posted February 15, 2016 Share Posted February 15, 2016 I was under the impression that land lease's between Thai wives and their farang husbands were not allowed under Thai Law? Link to comment Share on other sites More sharing options...
Orac Posted February 15, 2016 Share Posted February 15, 2016 Get a usufruct registered on it while it is still in your MILs name - pointless doing anything once it is in your wifes name as any contractual agreements between husband and wife can be cancelled by either party without the others agreement. Link to comment Share on other sites More sharing options...
Guest Posted February 15, 2016 Share Posted February 15, 2016 Step One: Find an honest lawyer.Step Two: Please, let us know when you have completed Step One!Signed "not holding my breath" Link to comment Share on other sites More sharing options...
sgtsabai Posted February 15, 2016 Share Posted February 15, 2016 Orac, I believe you are wrong about a usufruct. To the best of my knowledge, none have ever been broken. You are correct about the lease, not worth the piece of paper it is written on. Finding an honest attorney (is that possible anywhere in the world) is the hardest part. Tell the attorney you want a usufruct and he will take it from there. Good luck, I'm doing same in a few months, house almost paid for. Things can "go south" in a hurry here and often do. Prepare for the worst, hope for the best. Good luck. Link to comment Share on other sites More sharing options...
xtrnuno41 Posted February 15, 2016 Share Posted February 15, 2016 You may have to get a usufruct. yeah you do. The house you can put in your name as you can "own" that.. However you are legally married, so means you already lost 50% of what you own unless you married prenuptual. I do agree you take a chance and will never know where it leads you, that is with all in life. But a lawyer is sure not a bad thought to assist in it. And then hope for the best in the future.. Link to comment Share on other sites More sharing options...
Paul944 Posted February 15, 2016 Share Posted February 15, 2016 You can lease or get an usufruct from her mother but not from your wife if you are legally married. A lease or usufruct only protects you against a legal action forcing you of the land. If you build a house, you can only demolish it and sell the materials to get some money back. It is not an investment. Basically a lease or usufruct protects you if something happens with your wife. But if the relationship ends the money will be gone. If you are in peace with this just build a nice house. Only do not put all your life savings in it. Link to comment Share on other sites More sharing options...
Walter Travolta Posted February 15, 2016 Share Posted February 15, 2016 I always find these topics very interesting. I am way off thinking about making such a commitment but have thought in the future I may be taking the same leap! I find it amusing that every time this topic rears its head, most comments are offering only 1 kind of advice - "run like hell!!" Sometimes I read that others have lived with their Thai wife/gf in a house for 20 years or more and are very happy. That said, things can change very quickly in the blink of an eye, but in the main, many feel content with their lives. However, I very rarely read about anyone being taken for a ride. I'm not saying that it doesn't happen, I imagine it happens a lot, but nobody on here admits to being duped. I dunno, maybe the negative members are the ones who have been ripped off? On my last trip here I went to see a British lawyer who told me that I cannot have my name on a house document, but I can have legal papers drawn up that cover me for 50% if my spouse wanted me gone or if she died. He also told me that if I died, I could have my half of the property left in a will to whoever I wanted. In a nutshell, he told me that there is no problem with owning property or land, as long as you realise that you can only cover yourself for 50% if things go pear shaped. Let's be fair, a western woman might ask for more than that back in the western world! The main part of our conversation was that he said it was important to get proper legal paperwork drawn up and signed by both parties, and even more important to keep the paperwork in a safety deposit box well away from the spouse, her family, or friends. He said if they find the documents and want you out, they would simply destroy the documents as if they never existed. I'm not sure if having copies somewhere like in your native country would be good enough proof to show the agreement was legal and binding, but from what he told me, if you go about covering yourself properly, you would lose half, not everything. Would be really good to hear people's experiences on this. Good or bad but I won't hold my breath for the bad experiences! Also would like to hear people's thoughts on what the legal eagle told me :-) Link to comment Share on other sites More sharing options...
bridge2bridge Posted February 15, 2016 Share Posted February 15, 2016 You must be one lucky man to have an HONEST Thai lady. Or one hell of a fool. The only way you can protect yourself from DISASTER is to get a usufruct. Take my advice see a GOOD Lawyer. Link to comment Share on other sites More sharing options...
Walter Travolta Posted February 15, 2016 Share Posted February 15, 2016 The lawyer told me a usufruct is not the be all and end all. All it does is stop you getting kicked out of the home. I'm not sure I would want to dig my heels in and be stubborn with a baying mob of 20 with pitchforks outside my gate. Probably end up in a shallow grave Link to comment Share on other sites More sharing options...
MaeJoMTB Posted February 15, 2016 Share Posted February 15, 2016 However, I very rarely read about anyone being taken for a ride. I'm not saying that it doesn't happen, I imagine it happens a lot, but nobody on here admits to being duped. I dunno, maybe the negative members are the ones who have been ripped off? Was ripped for a house in the UK after 30 years of marriage. Paid the 10% deposit on a house in Thailand for my new wife, and the monthly payments. If I'm still alive, in 25 years, after the home loan is paid off, and she wants me out, she can keep it. Loan is in her name, nothing to do with me. Now that's security! Link to comment Share on other sites More sharing options...
little mary sunshine Posted February 15, 2016 Share Posted February 15, 2016 Never put more than 5-10%of your savings in any House/land purchase in Thailand...YOU own Nothing!! Only really safe way to go is a Condo 49% foreign quota In your name. You are then protected!! The others "options" are pure bull s..t!! Company owned Loophole can be terminated any time Governments wants To end this loophole. Link to comment Share on other sites More sharing options...
johng Posted February 15, 2016 Share Posted February 15, 2016 Basically a lease or usufruct protects you if something happens with your wife. But if the relationship ends the money will be gone. If you are in peace with this just build a nice house. Only do not put all your life savings in it. Ahh yes good point maybe she dies before you and hopefully the rest of her family don't want a nice free house !! Link to comment Share on other sites More sharing options...
TEFLKrabi Posted February 15, 2016 Share Posted February 15, 2016 What's the point ? if you fall out with your wife and she wants to make your life difficult having a lease or usufruct isn't going to help in the slightest she, her family and friends could quite easily make your life a living hell...if it goes wrong just pack all your stuff into a pickup and move far far away.. It didn't take long. Guys. the OP is asking for advice about the process not personal advice about his marriage! Link to comment Share on other sites More sharing options...
stgrhe Posted February 15, 2016 Share Posted February 15, 2016 Use a solicitor to get all legal options sorted out and the wording right. Some remarks: 1) The construction doesn't require a lease 2) Since you apparently are legally married to you wife the best option is probably a superficary right in your favour. The solicitor can explain why the superficary in your case is better than a usufruct and much better than a lease. 3) If you want the building to be in your name than make sure your name is the applicant for the building permit. Further, all payments for the build should be made from you, or actually your name should be on the receipts. The construction agreement with the builder should also be in your name. And once complete the building should be registered at the land office. This procedure is clumpsy but it is the only legal way. However, since you and your wife are legally married the ownership of the building will be shared irrespectively of whos name it is. Talk to a solicitor first! If you live in Issan, then I recommend Issan Lawyers. Link to comment Share on other sites More sharing options...
LPCustom69 Posted February 15, 2016 Share Posted February 15, 2016 Never put more than 5-10%of your savings in any House/land purchase in Thailand...YOU own Nothing!! Only really safe way to go is a Condo 49% foreign quota In your name. You are then protected!! The others "options" are pure bull s..t!! Company owned Loophole can be terminated any time Governments wants To end this loophole. The foreign name law "could" also be changed anytime the government wants to. Twenty years ago a farang could not own property, nor could their Thai wife. That said, for.eign name is the safest way currently Link to comment Share on other sites More sharing options...
Walter Travolta Posted February 15, 2016 Share Posted February 15, 2016 However, I very rarely read about anyone being taken for a ride. I'm not saying that it doesn't happen, I imagine it happens a lot, but nobody on here admits to being duped. I dunno, maybe the negative members are the ones who have been ripped off?Was ripped for a house in the UK after 30 years of marriage.Paid the 10% deposit on a house in Thailand for my new wife, and the monthly payments. If I'm still alive, in 25 years, after the home loan is paid off, and she wants me out, she can keep it. Loan is in her name, nothing to do with me. Now that's security! good plan, basically its like renting for you. If she wants you out before the loan is paid, she would not have the finances to pay the loan herself I gather? Link to comment Share on other sites More sharing options...
ballbreaker Posted February 15, 2016 Share Posted February 15, 2016 Summary of good advice plus a few other items. 1. Use a good lawyer. 2. Invest only what your willing to walk away without. 3. Obtain usufruct or lease while land still in MIL name b4 transfer to wife. 4. Also obtain a superfices while land still in MIL name. 5. Any contracts should be entered on back of chanote. 6. Contracts between married couple can be cancelled by either party at any time. 7. Make sure building permit and contract with builder are in your name. 8. If you obtained the superfices, building permit and builders contract in your name I think you will be issued blue house book with you as owner and wife added as resident. 9. You will need to apply for yellow house book that will list you as owner and resident. Link to comment Share on other sites More sharing options...
gyrosman Posted February 15, 2016 Share Posted February 15, 2016 Just build the house, it doesn't matter what country, its her's. Let her do all the bullshit paperwork, let her learn how she gets all you earn or will earn LOS. Link to comment Share on other sites More sharing options...
sometimewoodworker Posted February 15, 2016 Share Posted February 15, 2016 You can lease or get an usufruct from her mother but not from your wife if you are legally married. Not correct. I have an usufruct from my wife duly registered at the land office Link to comment Share on other sites More sharing options...
impulse Posted February 15, 2016 Share Posted February 15, 2016 You can lease or get an usufruct from her mother but not from your wife if you are legally married. Not correct. I have an usufruct from my wife duly registered at the land office How do you reconcile that with item #6 in post #22? I'm not asking to be a wise ass, I am curious. I have heard the same, that any contract between married folks in Thailand is problematic. Can anyone shed some light? Link to comment Share on other sites More sharing options...
wowfactor10 Posted February 15, 2016 Share Posted February 15, 2016 Some advice you can secure your investment all that you want.Fact will remain that in 99,9% of these cases you investment was not secured enough. Link to comment Share on other sites More sharing options...
mankondang Posted February 15, 2016 Share Posted February 15, 2016 Basically a lease or usufruct protects you if something happens with your wife. But if the relationship ends the money will be gone. If you are in peace with this just build a nice house. Only do not put all your life savings in it. Ahh yes good point maybe she dies before you and hopefully the rest of her family don't want a nice free house !! If the wife dies the usafructus still remains valid with the person who inherits the land and/or house. Link to comment Share on other sites More sharing options...
louse1953 Posted February 15, 2016 Share Posted February 15, 2016 The lawyer told me a usufruct is not the be all and end all. All it does is stop you getting kicked out of the home. I'm not sure I would want to dig my heels in and be stubborn with a baying mob of 20 with pitchforks outside my gate. Probably end up in a shallow grave That's where your years of cultivating your own baying mob comes in handy.Only a phone call away. Link to comment Share on other sites More sharing options...
MaeJoMTB Posted February 15, 2016 Share Posted February 15, 2016 (edited) If the wife dies the usafructus still remains valid with the person who inherits the land and/or house. Not much use if you're in some rural hellhole surrounded by people who want you out. If my wife dies, her life insurance pays the home loan off, and I still have a nice house in Chiang Mai. Edited February 15, 2016 by MaeJoMTB Link to comment Share on other sites More sharing options...
wabothai Posted February 15, 2016 Share Posted February 15, 2016 I was under the impression that land lease's between Thai wives and their farang husbands were not allowed under Thai Law? Wrong impression. Have 30 year lease which is very common. Link to comment Share on other sites More sharing options...
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