Split property, cancel lease agreement?

[theonethatwon]

I have house and land with my ex girl friend with a 30 years lease on it towards me. We split up a long time ago and now  we agreed she will get the house and me I will get half of the land. Problem is the house was build on 2 Chanotes  just in the middle. Now I was told I shall cancel my lease agreement and take it out of the chanote, in order to get a new survey from the land office. They will split the land into two new plots.  But I am not too happy about the fact, because once the contract is canceled, she can do whatever she wants with the land and house. Does anyone here have any experience about this matter. Sorry for my poor English, not a native speaker and thanks for your input on this matter.

[trogers]

Assuming both of you are Thais, get a lawyer to draft an new agreement to replace the old.

[theonethatwon]

43 minutes ago, trogers said:

Assuming both of you are Thais, get a lawyer to draft an new agreement to replace the old.

I am German and my EX is Thai. The idea was to split the land so that I could sell my part, because I do not have any interest in this land anymore. I understand the idea with the new draft, but it would only make sense if the land was to be split in two new chanotes, right? And this can only be done after a survey from the land office and for this reason they want me to cancel the lease agreement in the chanote

[trogers]

I don't see how a split of chanote can benefit you as you are a foreigner,  and your name cannot be on a land chanote after the splitting.

 

Seek a lawyer for advice on how to frame a new agreement,  probably in the form of an IOU.

[theonethatwon]

2 hours ago, trogers said:

Assuming both of you are Thais, get a lawyer to draft an new agreement to replace the old.

 

 

Well if I put the split part in my new GF's name it should be possible or not? I trust her and we share the same interest in this matter.  Thanks for your input on this.

[trogers]

5 minutes ago, theonethatwon said:

 

 

Well if I put the split part in my new GF's name it should be possible or not? I trust her and we share the same interest in this matter.  Thanks for your input on this.

 

A new agreement would still be needed between your new GF and ex to ensure the land is to be split with your new GF receiving the correct portion of land.

 

Need a lawyer to draft the new agreement and get it signed by parties concerned in front of the lawyer before deleting the lease.

[theonethatwon]

okay, thank you so much for outlining this for me, this looks like the way to go…:-)

[trogers]

20 minutes ago, trogers said:

 

A new agreement would still be needed between your new GF and ex to ensure the land is to be split with your new GF receiving the correct portion of land.

 

Need a lawyer to draft the new agreement and get it signed by parties concerned in front of the lawyer before deleting the lease.

 

I was assuming your ex is the landowner. If somebody else is the landowner, then the new agreement should between your new GF and the landowner.

[theonethatwon]

yes my ex is the landowner, thanks

[blackcab]

I think you are wasting your time. First of all, when your lease is removed from the chanote your ex can do what she wants. The land is hers free and clear. Why would she give half back to you?

 

Secondly, even if she does, do you think anyone will buy a weird shaped piece of land if she doesn't want them to?

 

You will be spending good money chasing after bad.

[BrainLife]

Half in NEW girlfriends name!

 

Ex and New will know each other or already do know.

Nothing but trouble will come from this.

[timewilltell]

In a recent case in Phuket the court said a lease between husband and wife is worth nothing against a third party - registered or not.  I suggest that you ask a lawyer if a lien or registration on the chanote of another kind can be registered.  I think the land office has no reason to need the lease removed before they split the chanotes.  You need a good lawyer because otherwise you will definately be screwed over.  The Thias love helping criminals deceive foreigners here and the provincial courts are happy to turn a blind eye.

[trogers]

21 minutes ago, timewilltell said:

In a recent case in Phuket the court said a lease between husband and wife is worth nothing against a third party - registered or not.  I suggest that you ask a lawyer if a lien or registration on the chanote of another kind can be registered.  I think the land office has no reason to need the lease removed before they split the chanotes.  You need a good lawyer because otherwise you will definately be screwed over.  The Thias love helping criminals deceive foreigners here and the provincial courts are happy to turn a blind eye.

 

It's ex-girlfriend and not wife...

[blackcab]

2 hours ago, timewilltell said:

In a recent case in Phuket the court said a lease between husband and wife is worth nothing against a third party - registered or not.  I suggest that you ask a lawyer if a lien or registration on the chanote of another kind can be registered.  I think the land office has no reason to need the lease removed before they split the chanotes.  You need a good lawyer because otherwise you will definately be screwed over.  The Thias love helping criminals deceive foreigners here and the provincial courts are happy to turn a blind eye.

 

The Land Office will absolutely not divide land that has a lease or any other encumbrance registered on the chanote as that would affect the lessee (or the mortgagee/mortgagor/usufructee/sale with right of redemption, etc).

[Rimmer]

Multiple off topic and flames have been removed

[georgemandm]

On 25 September 2016 at 11:49 AM, theonethatwon said:

 

 

Well if I put the split part in my new GF's name it should be possible or not? I trust her and we share the same interest in this matter.  Thanks for your input on this.

You trust your new thai Gf  are you for real.

 

she will ripp you off for sure but up to you .

take advice don't put anything in to your new thai GF name .

you have problems with your old thai do you think you will not have problems with the new one .

you are going to get  ripped off if you don't see a lawyer.

[khundon]

Here we go again. # 2,309,599.