Lease or usufruct

[Gonsalviz]

Her land, my house. I want to stay long term. At the termination of the agreement the house will stay and no doubt be her property. She is an unpredictable nut case but her mother is the stabilizing force and she will not go against mother.

Which is easier? Lease or usufruct? Which is better? I have no use for the land other than a place for the house to sit.

I have read about both. Either would work for me as the legalities stand but in Thailand that is not always the case. I am asking if one or the other protects me less or more.

[SgtRock]

Toss a coin and take your chances.

All the legalities in the world will not protect you if she really wants you removed.

Think about it.

[thaihome]

Are you married? If so it makes no difference as any contract between husband and wife can be broken after a divorce.

If not married I would go with right of habitation. This expressly gives you the right to live in the house which a usufruct does not do. A lease gets into payment and tax issues for the lessor.

All of these can be an issue at land office if they choose to think you are trying to bypass foriegn landowner restrictions.

TH

[lanng khao]

Don't bother, if she's a crank like you say and things go noms up between you two, then you will be sleeping with one eye open for the rest of the time your under that roof.

[BlindMagician]

sell her the house

[Paul944]

Maybe you should start dating the mother

I never read about "The Right of Habitation" before. It seems more appropriate as a usufruct,

These legal constructions do not help much if you get into a nasty divorce, I think. But in case something happens with your gf at least her heirs can not kick you off the property that easily.

Consider all the money invested in the house as spend and gone. But maybe you live happily together for many years to come.

[bangkoklawyer24]

This is not your house.

[Oxx]

If married, there's nothing you can do to protect your ability to stay in the house since any contract can be annulled.

If unmarried, usufruct is the way to go since this can be for your life, whilst a lease is for a maximum of 30 years. (30 year extensions thereupon are not guaranteed.) Also no tax to worry about.

[oxo1947]

She is an unpredictable nut case------OP

.

Great start to the relationship----- a lot depends on your age, but if not married, usufruct

[Robm579]

Either rent on a lease the land from her....

Or remove the building when you leave ...

Police will stand by and watch... Happened to a crossed friend of mine...

[free123]

Don't bother, if she's a crank like you say and things go noms up between you two, then you will be sleeping with one eye open for the rest of the time your under that roof.

if she is ding dong why u wanna stay with such a person / make legal arrangements ???

it always puzzle me how guys run full speed towards an open knife .

get a stabil lady with a good job that u can trust w ur life anyway gd luck..

[khunPer]

Take a look at Superficies, here are two links of interest to read:

Superficies Property Rights

Legal aspects of Usufruct, Superficies, Habitation, Servitude

Wish you good luck...

[ableguy]

Must be a troll nobody could be so dumb, could they ?

Problem with your gf or wife house on her land, the family would have you out in a heart beat, carried on a stretcher or in a box.

Best go back to your country of origin.

[BrainLife]

READ TV and you will know the answer. Good luck whatever you do.

[Tony125]

Must be a troll nobody could be so dumb, could they ?

Problem with your gf or wife house on her land, the family would have you out in a heart beat, carried on a stretcher or in a box.

Best go back to your country of origin.

I guess the OP didn't see the news of the Swiss guy 62 yo who ran a kennel . Was shot and killed by a neighbor who was married to his ex wife. As was said NO legal document will keep you in the home if her or her family want you gone.

[Gonsalviz]

Sorry I have not gotten back to anyone but I am following and never receive replies. Found them in Spam folder. Hopefully now corrected.

No, we are not married and won't be for a long time, if at all. She does not stay with me. I like this place. I have spent a bit on making it nice for me and them. When I have the legalities in place, I can do what I want.

She has changed her tune. Claims now she will transfer the Chanote back to her mother, who is not nutso. In fact her parents told her to keep me here and she go. It is apparent that they know she is unstable.

[Gonsalviz]

Must be a troll nobody could be so dumb, could they ?

Problem with your gf or wife house on her land, the family would have you out in a heart beat, carried on a stretcher or in a box.

Best go back to your country of origin.

Apparently you as with others did not comprehend my OP.

[GOLDBUGGY]

If married, there's nothing you can do to protect your ability to stay in the house since any contract can be annulled.

If unmarried, usufruct is the way to go since this can be for your life, whilst a lease is for a maximum of 30 years. (30 year extensions thereupon are not guaranteed.) Also no tax to worry about.

I agree accept to say that I would go with a Usufruct for life even if you are married. Which BTW does give you full rights to this house for life as well and does not cost too much for a Lawyer to set this up for you.

As someone pointed out you never know what can happen to your wife. Without a Usufruct and if this property should go to her parents for instance, you could find yourself out on the street. A Usufruct protects you against this as it grants "You" for life the right to live there, and not how long the owner lives. That is why there is such a thing!

If you do go with the Usufruct it is better to have all the property listed under that, then just the house and the land it sits on, You can still grant permission for someone else to use this farm property, but at least it is in your control then, and as it should be if you paid for everything. As they say in the Insurance Game, "It is better to have and not need then to need and not have."

It is true that if you are married and then get divorced that this will annul any contract made between husband and wife, but it doesn't mean anything has to change concerning property. Divorce Law in Thailand should entitle you to 50% of the property gained in a marriage. If you and your X decide to keep things the same and she gets the property after you are gone nobody will force you to sell it. But how long you stay alive after that is anyone's guess. It is only if you and your x wife can't come to some agreement on the property then you would be forced to sell it if she can't give you your 50%. . .

[Gonsalviz]

Apparently I have her over a barrel. Her mind has changed completely about everything. She now kowtows. Not sure what made her do that. Maybe her father telling her to get out and leave me alone.

Her mind can change back anytime so she won't be seeing a marriage cert any time soon.