Land in wifes name, where do I get the lease drawn up?

[sometimewoodworker]

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?

I don't.

AFIK and from the advice I have received it is not correct.

Is the poster a Thai legal expert?

Also I got the usufruct to protect myself in the event of my wife dying before me to protect myself from any family member who thinks that they can get some land and a house.

I did not get it to protect myself from my wife. If I thought I might need to do that I would never have considered building. If you feel a need to protect yourself from your wife an usufruct may be of no use to you.

However nobody, so far, has produced any case where a usufruct was overturned without the consent of the usufructee. If they ever do I will stand corrected.

Until they do I will not worry.

[louse1953]

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?

Yeah but she could sell it.

[1FinickyOne]

I gave my wife money to buy land and we built a house here - I have no lease, nor do I want one. This is a property that will never be sold and since we have helped other family members move their houses here, it probably has no resale value.

All of that is fine. I understood this when I built the house - it was a gift to my wife and her family. I guess it was a risk I took knowingly at the time but I have never been sorry. 13 years later, still not sorry. How nice to be able to help my wife achieve her dream of a home in her village.

There was a farang that I met locally who just moved into the area - he gave me a long lecture on how to protect myself with lease agreements etc.. I guess he did all that for himself but he was a jerk and when he treated his wife badly, the family made it unpleasant for him to stay here - lease or not. I assume his lease did him no good at all.

[georgemandm]

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..

Looks you have no idea if it goes to s??t and you have usufruct in place you can push it over if you want but it should not come to that but if it dose you have some say .

[georgemandm]

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

I would say to you one thing don't do it again don't do it just take that advice but like the stupid thais saying is up to you

I can't change your mind and if I seat down and give you the do and do nots you still will do it .

But be very very careful if you do don't trust a thai .

[1FinickyOne]

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 :-)

Hi Walter T.

A lot of this depends on where and what you buy... if you are concerned about losing an investment, buy a condo in your own name... if you are buying for a wife, take your time and then buy well under your means and consider it a gift, especially if you are buying in a village or near her family. But, either way, this is not the best place for property investment and you should live someplace for at least a year and learn the markets before buying anything. If you are buying for a g/f wife, then live together for 2-3 years before making the investment/gift.

Yes, I met a fellow who came here, fell hard and fast for a bargirl and bought her a house in Isaan within a month. When he went up to see it, her husband threw him out. But near all of my friends have happy and mostly successful marriages and would probably see any property bought here, as I do, a gift to my wife and her family. They are great people and I would not feel it as a loss if I had to leave tomorrow... though I expect after 15 years, I am pretty embedded, but I know, things can change - so, don't put more on the table than you are prepared to lose... which is usually nothing at first and then after a few years, you might feel very different.

good luck to you.

[Boycie]

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.

Did you have to pay any tea money?

I was thinking that maybe i had the 'wrong impression' and that they were allowed but the 30 year lease is worthless, because the Thai wife can cancel it at anytime.

Then i had a little search of TV and found this thread.

http://www.thaivisa.com/forum/topic/742322-married-with-thai-landoffice-denied-lease-on-land/

[tomwct]

Step One: Find an honest lawyer.

Step Two: Please, let us know when you have completed Step One!

Signed "not holding my breath"

First, do not bring money into Thailand unless your willing to walk away from it. The Lease, mostly a joke! You could never

force her to sell your (Hers) house! Ever!!! If you still want a house, get a bank loan! You should be able to finance 90%

of the house with the land free and clear! Finance for 20 years! Now, you can build a house and walk away if things with your

wife goes south!

[bbbbooboo]

The use of Thai woman and honest in the same sentence can be problematic

[khunPer]

OP: I would think it’s better for you to obtain a usufruct or superficies agreement. A (lease) contract between wife and husband has a risk of being void, if it’s financial protection (something in your name) you are looking for.

You can own a house, but not the land. Therefore a superficies may be the best solution. When building a new house and being the owner, you need to have your name (only) on all architect drawings, your name on application for building permission at tessa ban (you will need permission from the landowner, which can be the “superficies”), your name on contract with building constructor, and your name on all bills and money transfers. Keep all documents, as they are your only proof of being the owner of the house. The Yellow House Book for aliens is not any proof of ownership, just a proof of address. The Blue House Book is for Thais (only) – you may be able to have a title something like “master of house” with your name in the Yellow House Book.

Usufruct or superficies may also be cheaper than a lease, which need to be longer than 3 years to be registered at the Land Office, and not exceeding 30 years. A lease sum shall be included in the contract and tax paid for the whole lease period (up o 30 years) upon registration (on back of title deed as kind of servitude). Standard lease agreement can be bought in local book/paper stores (your wife will know), perhaps also usufruct and superficies documents, otherwise some lawyers (not all) will know. I’ve seen in treads here, that registration of usufruct (for life) at Land Office costs around 100 baht.

There are a number of treads in ThaiVisa Forum dealing with land and house – and more suggestions and explanation of various forms of protection for the farang husband/boyfriend/partner.

Wish you good luck with your project.

[jacko45k]

If you are already prepared to 'take a chance' why do you feel a lease is necessary?

The land is already in your wife's name....

There is not likely to be any issues until the house is built, and even with a lease in your name they can make you uncomfortable enough to move on.

I am in a similar situation, although we have so far only built a small bungalow to use when visiting, registered and I believe my name is on the house book, no lease involved. I think it is important not to put all your eggs in one basket, be prepared for any possibility. Leave yourself an exit plan that will not leave you destitute or even poor. Invest only as much as you can afford to lose.

[snowgard]

I learned something new. You can make a usefruct with your wife and register it at the land office!!!

After this she can't cancel the contract and she can't sell the house!!!

A good way!!!

http://www.samuiforsale.com/family-law/protection-and-ownership-thai-spouse.html

http://www.thailandlawonline.com/ask-a-lawyer/root/usufruct-in-thailand/can-my-thai-wife-cancel-my-usufruct

[HHTel]

1. The Yellow Book is not proof of ownership.

2. A usufruct is extremely powerful. You have all the rights of ownership except being unable to sell the property. Having a usufruct even allows you to kick your spouse off the land should you wish. It also allows you to lease the property to a 3rd party which remains in force for up to 30 years even if you die in the meantime.

3. If your wife dies the as a statutory beneficiary you inherit the property with one year allowed to sell it.

4. Without a usufruct or lease, upon divorce you are entitled to 50% of property purchased by your wife during your marriage. I'm divorced and have a court order stating

that I own 50% of the property.

[Walter Travolta]

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 :-)

Hi Walter T.

A lot of this depends on where and what you buy... if you are concerned about losing an investment, buy a condo in your own name... if you are buying for a wife, take your time and then buy well under your means and consider it a gift, especially if you are buying in a village or near her family. But, either way, this is not the best place for property investment and you should live someplace for at least a year and learn the markets before buying anything. If you are buying for a g/f wife, then live together for 2-3 years before making the investment/gift.

Yes, I met a fellow who came here, fell hard and fast for a bargirl and bought her a house in Isaan within a month. When he went up to see it, her husband threw him out. But near all of my friends have happy and mostly successful marriages and would probably see any property bought here, as I do, a gift to my wife and her family. They are great people and I would not feel it as a loss if I had to leave tomorrow... though I expect after 15 years, I am pretty embedded, but I know, things can change - so, don't put more on the table than you are prepared to lose... which is usually nothing at first and then after a few years, you might feel very different.

good luck to you.

Kenk thank you for your experience and advice. I have known my girl a year now and been together as bf/gf since May last year.

I will be going back to UK in one month to work again and will return again for the winter.

I gave her 40000 before I left for UK last august for her to set up beauty salon which has only been up and running a few weeks due to her gran being riddled with cancer for the best part of last year and finally succumbing to the illness in early December.

I was reluctant to hand over the cash thinking that that would be the last I see of it, but on my return in august I knew I would be earning that in a week so I took the chance and happy I did. Here mum is qualified so she is running the salon and my gf wants to qualify (she has basic skills but needs qualification) because her mum can only take 1 customer at once because she is working alone.

I will be happy to pay for her to gain her papers so she can go work with her mum and once all this is completed, we will be ast least 2 years down the line and can re-assess about marriage and property further down the line. She has told me that she does want a house not a condo (she has a 3 year old daughter so house is preferable) and I have to agree with her.

I return the good wishes you sent me

[ballbreaker]

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?

A usufruct between husband and wife can be registered at land office.

From Thailand Commercial and Civil Code: Book 4 Chapter 4 Property of Husband and Wife

Section 1469. Any agreement concluded between husband and wife during marriage may be avoided by either of them at any time during marriage or within one year from the day of dissolution of marriage; provided that the right of third persons acting in good faith are not affected thereby.

[sometimewoodworker]

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?

A usufruct between husband and wife can be registered at land office.

From Thailand Commercial and Civil Code: Book 4 Chapter 4 Property of Husband and Wife

Section 1469. Any agreement concluded between husband and wife during marriage may be avoided by either of them at any time during marriage or within one year from the day of dissolution of marriage; provided that the right of third persons acting in good faith are not affected thereby.

An usufruct between husband and wife can be registered at land office.

Correct.

Section 1469.

The land office an officials there do not agree that this will cover an usufruct, legal opinion is that an usufruct is separate from this and can not be voided in that way. Also since any such change must be registered with their agreement and in their office that opinion carries a lot of weight.

There is no case of one being voided under this clause that I know of.

However there is the fact that an usufructee can grant a lease to a third party thereby securing the land use from the owner whoever they maybe.

And in my own case the purpose of the usufruct is to protect my interests in the event of my wife dying before me. So that part of the law would have no bearing on our situation anyway.

[Mudcrab]

My wife owns her very nice house....in the village....I own mine in Australia.... we have no problems

but we aren't thirty years or more age difference and I'm younger than the mother in law

[hocuspocus]

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

I would say to you one thing don't do it again don't do it just take that advice but like the stupid thais saying is up to you

I can't change your mind and if I seat down and give you the do and do nots you still will do it .

But be very very careful if you do don't trust a thai .

Further to my original question, the land can't be transferred to my wife from her mother as it is classed as agricultural and that (as explained to me by the Agricultural Land Office) can only be done on the death of the owner. It is allowed to build on the land so I can sort out a lease with the Mother in Law and this has to be sorted out with the Amphur and the local village chief before the building is started. I am not putting a lot of money into the project and can afford to lose the money I put into the house. If everything works out with the house and the relationship we will have a house near my wife's parents that we can use for a few days a month when we visit the family and my wife will have a house in the event of my death as there is a few years age difference between us. I will have something in my name with a lease agreement and weather or not something goes wrong in the future I can live with that and I know there is no way I could or want to live in the village in the event the marriage went wrong.

[huawei]

Only buy a house if you have children..

[georgemandm]

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

I would say to you one thing don't do it again don't do it just take that advice but like the stupid thais saying is up to you

I can't change your mind and if I seat down and give you the do and do nots you still will do it .

But be very very careful if you do don't trust a thai .

Further to my original question, the land can't be transferred to my wife from her mother as it is classed as agricultural and that (as explained to me by the Agricultural Land Office) can only be done on the death of the owner. It is allowed to build on the land so I can sort out a lease with the Mother in Law and this has to be sorted out with the Amphur and the local village chief before the building is started. I am not putting a lot of money into the project and can afford to lose the money I put into the house. If everything works out with the house and the relationship we will have a house near my wife's parents that we can use for a few days a month when we visit the family and my wife will have a house in the event of my death as there is a few years age difference between us. I will have something in my name with a lease agreement and weather or not something goes wrong in the future I can live with that and I know there is no way I could or want to live in the village in the event the marriage went wrong.

Hi ok good but you need a lawyer to do the lease for you , it can't be done the way you say you are going to do it , who told you it can be done that way not true some one is have you on .

As I said again don't do it big mistake by you . Thais are good at sucking us in , I have been they and done it very big mistake by me but I have a very good contract in place were the thai is f??k .

So I will say this get a lawyer to do it can't be done the way you are saying.

As I said I know you will still do it , but you life up to you and if you care about the thai so much good but you don't have to worry about her future and if you do then lever her some money in the future like I will do with my new thai .

You see I not pay thai woman to be with me I take care of them but will not pay them , this pay your thai money s??t is a joke and not saying you do but lots here do .

So take my advice and not build that home and then see how much your thai cares about you if you tell her you are not going to do it .

Hop it all works out for you sorry for telling you what I think but I see it time and time again man getting suck in here by Thais .

And not all stupid man I have seen it with man who are lawyers who you think would be very smart.

If you need help on the lease part I can help you but s m s me by private message, to many dick heads on here who just like to have a go at us who help out .

[hocuspocus]

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

I would say to you one thing don't do it again don't do it just take that advice but like the stupid thais saying is up to you

I can't change your mind and if I seat down and give you the do and do nots you still will do it .

But be very very careful if you do don't trust a thai .

Further to my original question, the land can't be transferred to my wife from her mother as it is classed as agricultural and that (as explained to me by the Agricultural Land Office) can only be done on the death of the owner. It is allowed to build on the land so I can sort out a lease with the Mother in Law and this has to be sorted out with the Amphur and the local village chief before the building is started. I am not putting a lot of money into the project and can afford to lose the money I put into the house. If everything works out with the house and the relationship we will have a house near my wife's parents that we can use for a few days a month when we visit the family and my wife will have a house in the event of my death as there is a few years age difference between us. I will have something in my name with a lease agreement and weather or not something goes wrong in the future I can live with that and I know there is no way I could or want to live in the village in the event the marriage went wrong.

Hi ok good but you need a lawyer to do the lease for you , it can't be done the way you say you are going to do it , who told you it can be done that way not true some one is have you on .

As I said again don't do it big mistake by you . Thais are good at sucking us in , I have been they and done it very big mistake by me but I have a very good contract in place were the thai is f??k .

So I will say this get a lawyer to do it can't be done the way you are saying.

As I said I know you will still do it , but you life up to you and if you care about the thai so much good but you don't have to worry about her future and if you do then lever her some money in the future like I will do with my new thai .

You see I not pay thai woman to be with me I take care of them but will not pay them , this pay your thai money s??t is a joke and not saying you do but lots here do .

So take my advice and not build that home and then see how much your thai cares about you if you tell her you are not going to do it .

Hop it all works out for you sorry for telling you what I think but I see it time and time again man getting suck in here by Thais .

And not all stupid man I have seen it with man who are lawyers who you think would be very smart.

If you need help on the lease part I can help you but s m s me by private message, to many dick heads on here who just like to have a go at us who help out .

I will get a lawyer involved if only to witness the signitures and give the lease an official stamp. Of course I would be concerned if the relationship hit the rocks but I would get over it and I would get over losing the house as I keep telling my wife it will be her house. The main thing for me is that I am financing the house and I will have some paperwork to that effect and in the event of my death my children in the UK will have copies of the lease and any other related paperwork. So hopefully this will reduce any problems with dividing my estate as I will have a will for my UK assets and a will for my Thai assets. In a worst case scenario I would build the house and she could throw me out, but i would still have a good income and I would never have to sleep alone.I did promise early on in our relationship that I would build my wife a house and I changed my mind nearly two years ago and told her I would not do it but she stayed with me and then I came up with the idea to jointly share the expense of building the house but in several stages to reduce my immediate capital outlay. Thanks for your views.

[Ace of Pop]

Don't bother,many before you have tried it. Waste of time ,no bit of paper will save you,should they decide to rip you off.Wish I'd been given money for every time I've heard this clever me tale ,I could buy a Condo in my m

[georgemandm]

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

I would say to you one thing don't do it again don't do it just take that advice but like the stupid thais saying is up to you

I can't change your mind and if I seat down and give you the do and do nots you still will do it .

But be very very careful if you do don't trust a thai .

Further to my original question, the land can't be transferred to my wife from her mother as it is classed as agricultural and that (as explained to me by the Agricultural Land Office) can only be done on the death of the owner. It is allowed to build on the land so I can sort out a lease with the Mother in Law and this has to be sorted out with the Amphur and the local village chief before the building is started. I am not putting a lot of money into the project and can afford to lose the money I put into the house. If everything works out with the house and the relationship we will have a house near my wife's parents that we can use for a few days a month when we visit the family and my wife will have a house in the event of my death as there is a few years age difference between us. I will have something in my name with a lease agreement and weather or not something goes wrong in the future I can live with that and I know there is no way I could or want to live in the village in the event the marriage went wrong.

Hi ok good but you need a lawyer to do the lease for you , it can't be done the way you say you are going to do it , who told you it can be done that way not true some one is have you on .

As I said again don't do it big mistake by you . Thais are good at sucking us in , I have been they and done it very big mistake by me but I have a very good contract in place were the thai is f??k .

So I will say this get a lawyer to do it can't be done the way you are saying.

As I said I know you will still do it , but you life up to you and if you care about the thai so much good but you don't have to worry about her future and if you do then lever her some money in the future like I will do with my new thai .

You see I not pay thai woman to be with me I take care of them but will not pay them , this pay your thai money s??t is a joke and not saying you do but lots here do .

So take my advice and not build that home and then see how much your thai cares about you if you tell her you are not going to do it .

Hop it all works out for you sorry for telling you what I think but I see it time and time again man getting suck in here by Thais .

And not all stupid man I have seen it with man who are lawyers who you think would be very smart.

If you need help on the lease part I can help you but s m s me by private message, to many dick heads on here who just like to have a go at us who help out .

I will get a lawyer involved if only to witness the signitures and give the lease an official stamp. Of course I would be concerned if the relationship hit the rocks but I would get over it and I would get over losing the house as I keep telling my wife it will be her house. The main thing for me is that I am financing the house and I will have some paperwork to that effect and in the event of my death my children in the UK will have copies of the lease and any other related paperwork. So hopefully this will reduce any problems with dividing my estate as I will have a will for my UK assets and a will for my Thai assets. In a worst case scenario I would build the house and she could throw me out, but i would still have a good income and I would never have to sleep alone.I did promise early on in our relationship that I would build my wife a house and I changed my mind nearly two years ago and told her I would not do it but she stayed with me and then I came up with the idea to jointly share the expense of building the house but in several stages to reduce my immediate capital outlay. Thanks for your views.

You have it all wrong you can't get it witness by a lawyer you need him to draw up paper work and make it legal.

Look on the Internet to help you out .

Tell her now you have changed your mind and see how it go's but not my business.

You well do it , like I say man never ever listen to man from the west they just do it and lots of times it can turn to s??t .

Hop for your sack it dose not I wish you al the best .

Ps don't do it , sorry to go on , but I tell it how it is here and lots of man can't stand it .

[1FinickyOne]

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 :-)

Hi Walter T.

A lot of this depends on where and what you buy... if you are concerned about losing an investment, buy a condo in your own name... if you are buying for a wife, take your time and then buy well under your means and consider it a gift, especially if you are buying in a village or near her family. But, either way, this is not the best place for property investment and you should live someplace for at least a year and learn the markets before buying anything. If you are buying for a g/f wife, then live together for 2-3 years before making the investment/gift.

Yes, I met a fellow who came here, fell hard and fast for a bargirl and bought her a house in Isaan within a month. When he went up to see it, her husband threw him out. But near all of my friends have happy and mostly successful marriages and would probably see any property bought here, as I do, a gift to my wife and her family. They are great people and I would not feel it as a loss if I had to leave tomorrow... though I expect after 15 years, I am pretty embedded, but I know, things can change - so, don't put more on the table than you are prepared to lose... which is usually nothing at first and then after a few years, you might feel very different.

good luck to you.

Kenk thank you for your experience and advice. I have known my girl a year now and been together as bf/gf since May last year.

I will be going back to UK in one month to work again and will return again for the winter.

I gave her 40000 before I left for UK last august for her to set up beauty salon which has only been up and running a few weeks due to her gran being riddled with cancer for the best part of last year and finally succumbing to the illness in early December.

I was reluctant to hand over the cash thinking that that would be the last I see of it, but on my return in august I knew I would be earning that in a week so I took the chance and happy I did. Here mum is qualified so she is running the salon and my gf wants to qualify (she has basic skills but needs qualification) because her mum can only take 1 customer at once because she is working alone.

I will be happy to pay for her to gain her papers so she can go work with her mum and once all this is completed, we will be ast least 2 years down the line and can re-assess about marriage and property further down the line. She has told me that she does want a house not a condo (she has a 3 year old daughter so house is preferable) and I have to agree with her.

I return the good wishes you sent me

Hi Walter - there is nothing wrong with being generous and helping someone out, be they GF or not. If you look at it as a gift and not an investment, then you simply can't lose - just play within your means... then whatever happens, is not going to be the end of the world for you... life changes, relationships change, use your judgment and you will be fine.

[NanLaew]

The use of Thai woman and honest in the same sentence can be problematic

Taking advice from certain members of certain forums can be perilous.

[Walter Travolta]

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 :-)

Hi Walter T.

A lot of this depends on where and what you buy... if you are concerned about losing an investment, buy a condo in your own name... if you are buying for a wife, take your time and then buy well under your means and consider it a gift, especially if you are buying in a village or near her family. But, either way, this is not the best place for property investment and you should live someplace for at least a year and learn the markets before buying anything. If you are buying for a g/f wife, then live together for 2-3 years before making the investment/gift.

Yes, I met a fellow who came here, fell hard and fast for a bargirl and bought her a house in Isaan within a month. When he went up to see it, her husband threw him out. But near all of my friends have happy and mostly successful marriages and would probably see any property bought here, as I do, a gift to my wife and her family. They are great people and I would not feel it as a loss if I had to leave tomorrow... though I expect after 15 years, I am pretty embedded, but I know, things can change - so, don't put more on the table than you are prepared to lose... which is usually nothing at first and then after a few years, you might feel very different.

good luck to you.

Kenk thank you for your experience and advice. I have known my girl a year now and been together as bf/gf since May last year.

I will be going back to UK in one month to work again and will return again for the winter.

I gave her 40000 before I left for UK last august for her to set up beauty salon which has only been up and running a few weeks due to her gran being riddled with cancer for the best part of last year and finally succumbing to the illness in early December.

I was reluctant to hand over the cash thinking that that would be the last I see of it, but on my return in august I knew I would be earning that in a week so I took the chance and happy I did. Here mum is qualified so she is running the salon and my gf wants to qualify (she has basic skills but needs qualification) because her mum can only take 1 customer at once because she is working alone.

I will be happy to pay for her to gain her papers so she can go work with her mum and once all this is completed, we will be ast least 2 years down the line and can re-assess about marriage and property further down the line. She has told me that she does want a house not a condo (she has a 3 year old daughter so house is preferable) and I have to agree with her.

I return the good wishes you sent me

Hi Walter - there is nothing wrong with being generous and helping someone out, be they GF or not. If you look at it as a gift and not an investment, then you simply can't lose - just play within your means... then whatever happens, is not going to be the end of the world for you... life changes, relationships change, use your judgment and you will be fine.

Yes kenk, for me, being 48, I am not in a position to be here permanently. As I said before, I will be looking to take 8 months work in UK and 4 months here until I am in a position to stay here more or less full time.

I will not be involved in property as a way of making money in the future, the 'investment' will merely be for the reason of having somewhere to live, and for my gf and her daughter having somewhere stable when I'm not here.

I do however want to be covered for 50% of my outlay in case things go pear shaped, and again, as I have said earlier, the lawyer I spoke with said that would not be a problem. I can leave my 'half' to my son in UK in a will if I so wish.

In effect the house would not be a gift, more a good gesture to lay the seeds for a good future.

She is very good at paying for things without expecting me to have my wallet constantly open!!

Eg)we went to the cinema, I buy the tickets and I am not a fan of popcorn but maybe 30 minutes into the movie, she says she needs toilet. She came back with a bucket of popcorn and a huge Pepsi! Probably cost more than the tickets but she not ask me for a penny.

Another time I told her I would buy her a pair of Converse priced around 1800 baht in Central Festival. A few days later she told me she had found a pair (2nd hand but looked brand new) in the market at 300 baht! This was between Christmas and the new year. I forgot all about it until last night and I gave her the money. She never asked for it once.

I feel she is good enough to contemplate a future with, so I will do exactly that, but will proceed with caution 555

[hocuspocus]

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

I would say to you one thing don't do it again don't do it just take that advice but like the stupid thais saying is up to you

I can't change your mind and if I seat down and give you the do and do nots you still will do it .

But be very very careful if you do don't trust a thai .

Further to my original question, the land can't be transferred to my wife from her mother as it is classed as agricultural and that (as explained to me by the Agricultural Land Office) can only be done on the death of the owner. It is allowed to build on the land so I can sort out a lease with the Mother in Law and this has to be sorted out with the Amphur and the local village chief before the building is started. I am not putting a lot of money into the project and can afford to lose the money I put into the house. If everything works out with the house and the relationship we will have a house near my wife's parents that we can use for a few days a month when we visit the family and my wife will have a house in the event of my death as there is a few years age difference between us. I will have something in my name with a lease agreement and weather or not something goes wrong in the future I can live with that and I know there is no way I could or want to live in the village in the event the marriage went wrong.

Hi ok good but you need a lawyer to do the lease for you , it can't be done the way you say you are going to do it , who told you it can be done that way not true some one is have you on .

As I said again don't do it big mistake by you . Thais are good at sucking us in , I have been they and done it very big mistake by me but I have a very good contract in place were the thai is f??k .

So I will say this get a lawyer to do it can't be done the way you are saying.

As I said I know you will still do it , but you life up to you and if you care about the thai so much good but you don't have to worry about her future and if you do then lever her some money in the future like I will do with my new thai .

You see I not pay thai woman to be with me I take care of them but will not pay them , this pay your thai money s??t is a joke and not saying you do but lots here do .

So take my advice and not build that home and then see how much your thai cares about you if you tell her you are not going to do it .

Hop it all works out for you sorry for telling you what I think but I see it time and time again man getting suck in here by Thais .

And not all stupid man I have seen it with man who are lawyers who you think would be very smart.

If you need help on the lease part I can help you but s m s me by private message, to many dick heads on here who just like to have a go at us who help out .

Assuming all the negative replies are right and when the house is completed she kicks me out, at least I will know why she has been staying with me for the last 3-4 years, But she would be the loser as well with no apparent income. I would have lost very little (what I can afford to lose).and I could move on as in the past. But she could carry on with me and the good life and all the holidays abroad and to the UK and benefit from all my Thai assets when I die. What would be worse for me is if she dies before me and I am left with a house in a village where I would not want to live on my own, but I guess even in her village as a Farang I would not be alone for long.Then I could pay the Mother in Law rent for the lease on the land and the family would be happy. On a more positive note if things work out and I could adapt to village life with my wife we would have a house all built and paid for and have more money available for holidays abroad (wifey wants to have a holiday in Japan).

[impulse]

But she would be the loser as well with no apparent income. I would have lost very little (what I can afford to lose).and I could move on as in the past. But she could carry on with me and the good life and all the holidays abroad and to the UK and benefit from all my Thai assets when I die.

I wish you well, but your thought here depends on the premise that there's not another one to be found wherever she found you. Or more precisely, whether she believes there is.

That's always a risk in a country where the highest paid job available to many women is "some foreigner's girl". And the most secure long term and retirement plan is "mother of some foreigners kid".

I hope you found one of the many good ones. But taking precautions won't hurt anything if she is a good one. And precautions will save your skin if it works out otherwise.

[chiang mai]

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?

If the usufruct is issued by the wife it becomes a marital asset and she is entitled to half upon divorce.

[khunPer]

...

The Yellow House Book for aliens is not any proof of ownership, just a proof of address. The Blue House Book is for Thais (only) – you may be able to have a title something like “master of house” with your name in the Yellow House Book.

I said that in post #40 http://www.thaivisa.com/forum/topic/894867-land-in-wifes-name-where-do-i-get-the-lease-drawn-up/page-2#entry10426171

Today my GF and a cousin went to Tessa Ban to have the cousin's two small daughters assigned to our Blue Housebook, so they could be assigned to school – cousin and family work here, but her family has no house and therefore no Housebook – but they could not, as I, the farang in Yellow Housebook, is the "owner of the house" and need to give permission.

Seem like the Yellow Housebook does prove some kind of "ownership"...

... ...

Assuming all the negative replies are right and when the house is completed she kicks me out, at least I will know why she has been staying with me for the last 3-4 years, But she would be the loser as well with no apparent income. I would have lost very little (what I can afford to lose).and I could move on as in the past. But she could carry on with me and the good life and all the holidays abroad and to the UK and benefit from all my Thai assets when I die. What would be worse for me is if she dies before me and I am left with a house in a village where I would not want to live on my own, but I guess even in her village as a Farang I would not be alone for long.Then I could pay the Mother in Law rent for the lease on the land and the family would be happy. On a more positive note if things work out and I could adapt to village life with my wife we would have a house all built and paid for and have more money available for holidays abroad (wifey wants to have a holiday in Japan).

As long as your "investment" is within the affordable-to-loose range, your ownership arrangement may merely be a signal, than a solid court case.

When building in spouse's village on family land, always consider "worst case", that if something goes wrong, you may not wish to continue living there – especially if family and/or locals don't welcome you anymore – legal agreements or not, the wise advise will be "count your loss, write it off, and move on".

I wish you good luck with your project...

Edited February 19, 2016 by khunPer