Jump to content

Land & house in the girlfriends name

DAVESPORTS
 Share

Recommended Posts

DAVESPORTS Newbie

DAVESPORTS

Posted
Posted

I am wanting to build a house on a piece of ground i have just brought. The situation is that i will have to get a mortgage and it's much easier/cheaper to get it in the girlfriends name ( girlfriend of 10 years) With her income she is eligible for the mortgage. Problem is until the mortgage is paid of in full the house and land will be legally hers and she could sell at any time.  Does anyone have an ideas how i can safe guard my investment?

manfredtillmann Senior Member

manfredtillmann

Posted
Posted

you have not 'brought' (i suppose it was always here and not something you carried in your luggage?) the land and you have not 'bought' it, either. unless you are thai...???

check out related posts on this forum.

in short: (assuming you are not thai,) if you can't effort to loose it - don't do it.

cheers

mft

 

Goldieinkathu Silver Member

Goldieinkathu

Posted
Posted

" Problem is until the mortgage is paid of in full the house and land will be legally hers and she could sell at any time"

As I see it the land is hers and the house belongs to the bank until she clears the mortgage - what are you worried about?

If you are paying towards the mortgage then look at is as rent that you would have to pay anyway.

chiang mai Star Member

chiang mai

Posted
Posted

If your girlfriend owns the land outright she could grant you an usufruct on it, that would give you rights to it for life (if written as such). The usufruct becomes unsafe if you marry since it would be considered martial assets and can be cancelled, whilst you are single it cannot and it will provide full ownership rights. Notes: usufructs are granted at the discretion of the local Land Office, some areas will not grant them to anyone - the cost of registering the usufruct is 86 baht, at the LO.

 

Exactly how you get from the above scenario to building a house on the land you now effectively own, is your next challenge.

 

 

Paul944 Senior Member

Paul944

Posted
Posted

You gave your girlfriend money to buy a piece of land but you did not have saved enough money to build a house? The good news is you do not have to worry anymore because the money is already gone. So she can apply for a mortgage and you can build a house together. 

 

If you had the money to build a house you could consider an usufruct or 30 year lease. But no bank will give a mortgage under those conditions.

4MyEgo Diamond Member

4MyEgo

Posted
Posted
3 hours ago, Goldieinkathu said:

" Problem is until the mortgage is paid of in full the house and land will be legally hers and she could sell at any time"

As I see it the land is hers and the house belongs to the bank until she clears the mortgage - what are you worried about?

If you are paying towards the mortgage then look at is as rent that you would have to pay anyway.

 

Only invest as much as your prepared to lose, having a mortgage could work in your favour if things ever went pair shape, you could just up and leave, not saying that, that is ever going to happen, I provided the funds for my wife to buy land 10 years ago, and we recently built the house as we moved here 10 months ago, then I purchased a new car in her name, but then again, that is all I am prepared to lose if we ever split up, but she keeps saying to me; if you ever leave me, I follow you, you are my ATM, still haven't worked that one out yet ?

 

DAVESPORTS Newbie

DAVESPORTS

Posted
  • Author
Posted
On 27/09/2016 at 6:59 PM, blackcab said:

If you are not Thai you can not own land. Did you put the land in your girlfriend's name?

Yes, the land is in her name

 

DAVESPORTS Newbie

DAVESPORTS

Posted
  • Author
Posted
On 27/09/2016 at 6:58 PM, chiang mai said:

If your girlfriend owns the land outright she could grant you an usufruct on it, that would give you rights to it for life (if written as such). The usufruct becomes unsafe if you marry since it would be considered martial assets and can be cancelled, whilst you are single it cannot and it will provide full ownership rights. Notes: usufructs are granted at the discretion of the local Land Office, some areas will not grant them to anyone - the cost of registering the usufruct is 86 baht, at the LO.

 

Exactly how you get from the above scenario to building a house on the land you now effectively own, is your next challenge.

 

 

Thanks for your reply, very helpful. I have looked in to the idea of an usufract but, as you mentioned, i could get a usufract on the land now but then the bank will not grant a mortgage. If i were to get the mortgage first the bank then hold the Chanote and will also not allow a usufract on the chanote until the mortgage is paid off. Any other ideas would be appreciated greatly

blackcab Ruby Member

blackcab

Posted
Posted

A mortgage, a lease or a usufruct are all encumbrances. You can not normally get more than one encumbrance on a residential property at the same time. Or as it was explained to me, you can't have the penny and the bun.

 

What I don't understand is when you said:

 

"until the mortgage is paid of in full the house and land will be legally hers and she could sell at any time."

 

Let's fast forward to the time the mortgage is paid off. What do you think happens now? How does the land or house stop being something she can sell?

 

We're you thinking of getting a usufruct in 10 or 20 years time?

 

 

trogers Platinum Member

trogers

Posted
Posted

One need not safeguard the item that has been freely gifted...

 

If it is not a gift, then you have the intention to circumvent laws that disallow foreigners to own land.

 

Now, how do we teach you to do something illegal and get away with it...?

DAVESPORTS Newbie

DAVESPORTS

Posted
  • Author
Posted
14 hours ago, blackcab said:

A mortgage, a lease or a usufruct are all encumbrances. You can not normally get more than one encumbrance on a residential property at the same time. Or as it was explained to me, you can't have the penny and the bun.

 

What I don't understand is when you said:

 

"until the mortgage is paid of in full the house and land will be legally hers and she could sell at any time."

 

Let's fast forward to the time the mortgage is paid off. What do you think happens now? How does the land or house stop being something she can sell?

 

We're you thinking of getting a usufruct in 10 or 20 years time?

 

 

The plan is to have the mortgage paid off in 5-6 years. I would then have a few different options as in an usufract, move to company name or possibly put in my Thai sons name. I was really trying to come up with an idea to safe guard the investment for the next 5 years or so

meatboy Ruby Member

meatboy

Posted
Posted

there is no safe guard for the next 5yrs.you pay only what you can afford to LOOSE.

as for a loan to build a house, how much is the land worth? and does the gf.have any other assets,the bank will only lend you a percentage of the value of the land.

to give you an idea how they work,see what an insurance co.will value your brand new car at.a lot less than what you paid.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing

  • Recently Browsing   0 members

    • No registered users viewing this page.



  • Topics

  • Popular Contributors

  • Latest posts...

    1. 123

      American version of Adolf Hitler': Major Jewish newspaper makes stark Trump comparison

      If you looked up your a$$ you would find it.
      Mike_Hunt in Political Soapbox
    2. 19

      White House Considers Slashing China Tariffs to De-Escalate Trade War

      They just can't get it through their skulls this is how negotiation works. Trump gets a satisfactory result, he lets the other side have a satisfactory result too. Everyone happy enough. He has achieved more in adressing unfair trade practises that the last 80 years of other Presidents. In THREE MONTHS. Quite fantastic. Just imagine Biden achieving that!
      • 2
      • Thumbs Up
      • Thanks
      SunnyinBangrak in Political Soapbox
    3. 4

      Bird Flu Vaccines: Progress or Just More Panic?

      Avian flu is not among my areas of particular familiarity... But in doing some reading, it seems as though there are several possible approaches to combating avian flu outbreaks -- each of which has its own set of risks: --Do nothing, and risk that the current outbreaks become more widespread and potentially wipe out some major portion of the U.S.'s huge and economically important poultry industry. And risk that further spread of avian influenza could spill over into becoming the next major human disease pandemic. --Continue culling poultry in the case of outbreaks, which evokes the ire of animal rights activists, and hasn't really fully prevented the continuing spread of avian flu among poultry in recent years, even though it has contained those outbreaks somewhat. --Follow the practice of some other countries and launch a poultry vaccination campaign against avian influenza, which would have to be approved and launched by the generally anti-vax Trump Admin, and which I'm sure would be heartily welcomed by all the anti-vaxers here on this part of the forum in lieu of poultry culling. 🙂 The publication Science had a report back in February offering some context on all of the above: U.S. conditionally approves vaccine to protect poultry from avian flu 14 Feb 2025 "...the U.S. Department of Agriculture (USDA) yesterday conditionally approved a vaccine to protect the birds. President Donald Trump’s administration may therefore soon face a fraught decision on whether to join the ranks of other nations—including China, France, Egypt, and Mexico—that vaccinate poultry against H5N1. Although many influenza researchers contend that vaccination can help control spread of the deadly virus, the U.S. government has long resisted allowing its use because of politics and trade concerns that many contend are unscientific. The USDA approval may signal a shift in policy linked to the Trump administration’s worries about egg prices... ... HPAI strains such as the current H5N1 have for decades been stamped out largely by culling affected flocks and enforcing strict biosecurity measures. But that strategy has failed since the February 2022 emergence in the U.S. of an H5N1 virus that belongs to a lineage known as clade 2.3.4.4b. Many scientists now worry the virus cannot be eradicated from the U.S. poultry flock, which means it has become endemic rather than epidemic." https://www.science.org/content/article/u-s-conditionally-approves-vaccine-protect-poultry-avian-flu Per the NY Times from 2024: "Since February 2022, more than 82 million farmed birds have been culled, according to the agency’s website. For context, the American poultry industry produces more than nine billion chickens and turkeys each year." https://archive.ph/Gnsiu Culling infected poultry in the absence of vaccination doesn't eradicate the disease, but instead allows it to continue spreading within some constrained limits -- which means a continuing risk that those outbreaks at some point could further spill over into more animal species and then humans on a wide scale. Are We on the Cusp of a Major Bird Flu Outbreak? March 7, 2025 "Bird flu, or H5N1 avian influenza, has been circulating across North America since 2022, infecting birds, livestock, wildlife, pets, and humans. Despite 70 documented human cases, there are no known instances of human-to-human transmission — but some scientists are starting to worry that it’s only a matter of time. ... Up until 2024, there have been almost 1,000 documented human cases of H5N1 in multiple countries, with a fatality rate of about 50 percent. In 2022, a new [for now milder] subtype of H5N1 clade 2.3.4.4b emerged in North America and spread to domestic poultry and many wild mammal species. Over the past year, this subtype of H5N1 has also been spreading in dairy cows. [emphasis added] ... HMNews: On a scale from one to ten, how worried are you about H5N1 becoming a major pandemic? [other responses omitted to comply with the forum's fair use quoting policy]... Lemieux: I would put it at a six or a seven. In infectious diseases, we have a saying that resistance is a function of time and titer, meaning that the ability for a pathogen to evolve depends on time under pressure and size of the reservoir. The virus has been with us for several years in multiple species, and the reservoir is large. I think we are living next to a volcano, and it may erupt or it may not. But we need to prepare for the possibility of a pandemic." https://hms.harvard.edu/news/are-we-cusp-major-bird-flu-outbreak
      TallGuyJohninBKK in Off the beaten track
    4. 218

      China warns ,don’t appease trump

      Did I say Trump has an "unlimited license" to run foreign policy? Nope. For example, Congress can declare war. And certain actions are taken with the advice and consent of the Senate, such as appointing ambassadors. And it's the Senate that must ratify treaties. The list goes on. But it is the President that is the prime driver of foreign policy. And all this has been recognized in the courts.
      jas007 in Political Soapbox
    5. 5

      Has your girlfriend got a joke or ever said anything funny ever?

      14 years and counting not even once!
      falangUK in General Topics
    6. 36

      Foodpanda Shutting Down

      LOS was a cute catchphrase that was good while it lasted. Not sure why people don't just call it Thailand these days, unless you mean the land of scams, land of scowls, etc.
      keysersoze276 in General Topics

  • Popular in The Pub

ASEANNOW

ASEANNOW (formerly Thai Visa) Thailand's oldest and most popular forum for expats and foreigners.

Sign up today and have your say

MORE INFO

POPULAR AREAS

CONTACT US

219/59 Asoke Towers, 15th Floor, Soi Sukhumvit 21, Watthana, Bangkok 10110
(+66) 99 196 1100
[email protected]

×
×
  • Create New...