Good info, what if your wife dies before you!

Cheers for clearing that up Nick.Maybe the Solicitors told us it could look bad if it ever went to court ,as it looked like a ploy to stop the M in L for claiming her land back :?.But the advice from the Solicitor was free ,so what do you expect....:)


I was told by my Bangkok Thai Lawyer that I could will the building(s) on the land to whoever...including my new wife.moon
 
This is from Sunbelt Asia
A Usufruct may be created on property at any time provided that the owner of the land agrees to the terms of the contract. Although you will not be the lawful owner of the land, you can contact with the landowner to have the right to lease or rent out the land and receive a payment for the occupation of the land pursuant to the rental agreement. The usufructuary shall take as much care of the Property as a person of ordinary prudence would take of his own property. Usually the payment of all the land’s taxes will fall on the usufructary for the term of the agreement. You are essentially the property manager of the house and land and enjoy the property as an owner would (enjoying the "use" and "fruits" of the land while you are the usufruct holder).



I understand that a wife (or husband) can " void" lease contracts made after the marriage.

Do you know if this is true and whether it also applies to Usufructs ?
 
I understand that a wife (or husband) can " void" lease contracts made after the marriage.

Do you know if this is true and whether it also applies to Usufructs ?

Any contract can be cancelled by mutual consent or agreement. A usufruct agreement could not become void if for example, the husband entered in to the agreement due to him being a foreigner and wanted security of tenure and the wife/girlfriend/exwhatever wanted the land back after a dispute or family pressure. It must be agreed by all parties.
 
Interesting, what are the requirements?

This is from Sunbelt Asia
A Usufruct may be created on property at any time provided that the owner of the land agrees to the terms of the contract. Although you will not be the lawful owner of the land, you can contact with the landowner to have the right to lease or rent out the land and receive a payment for the occupation of the land pursuant to the rental agreement. The usufructuary shall take as much care of the Property as a person of ordinary prudence would take of his own property. Usually the payment of all the land’s taxes will fall on the usufructary for the term of the agreement. You are essentially the property manager of the house and land and enjoy the property as an owner would (enjoying the "use" and "fruits" of the land while you are the usufruct holder).

Many thanks for the clear information.
I am very interested in this and need to know the requirements for obtaining the USUFRUCT lease. What doe a humble (moderately well of but not rich) falang (brit) have to do or satisfy to achieve this useful string to the bow please ?

Cheers, MH
 
Go see an english/thai speaking lawyer who can legally produce the wills and usufruct
 
I was told by my Bangkok Thai Lawyer that I could will the building(s) on the land to whoever...including my new wife.moon

From what i read on Usufructs by Isaan lawyers, you can't Will the land ,as it's not yours. But you can on your death bed for example lease the land for a 30 year period to somebody, and it would stand, even after your (the usufructee's) death.
 
Many thanks for the clear information.
I am very interested in this and need to know the requirements for obtaining the USUFRUCT lease. What doe a humble (moderately well of but not rich) falang (brit) have to do or satisfy to achieve this useful string to the bow please ?

Cheers, MH


Isaan Lawyers did mine acouple of years ago when I paid for some land. The Thai lawyer at the firm came along to make sure that the usufruct got attached to the chanote etc. So Prakhonchai land office is familiar with usufructs - I imagine Surin will be as well.
 
The wife's will is more important as (assuming the land is legally hers) she can will all her worldly good to you, the Husband. That circumvents the natural Thai inheritance of it all going to the family.

What it does not remedy is that Foreigner cannot own Thai land, however a court would probably give you up to a year to sell/transfer the land title.

That's when the "second reserve wife" comes into play as long as the family don't kill you beforehand! cheesycheesycheesy
 
The wife's will is more important as (assuming the land is legally hers) she can will all her worldly good to you, the Husband. That circumvents the natural Thai inheritance of it all going to the family.

What it does not remedy is that Foreigner cannot own Thai land, however a court would probably give you up to a year to sell/transfer the land title.

That's when the "second reserve wife" comes into play as long as the family don't kill you beforehand! cheesycheesycheesy


Don't forget that before transferring to the "2nd or 3rd reserve wife", to insist on a new Usufruct.
 
In all reality I think at my age I would just cut my loses and move on. I have accepted the fact that I will not live forever. Trying to hang on to material things is a pain in the butt. Have learn't that lesson also. One of things to think about if your wife dies first and you get ill in old age, who is going to look after you. Most of us have wives much younger than ourselves. Just hope they don't pass on first. Enjoy everyday as it comes to you.
 
I have read somewhere that the law has been changed and that if the wife dies first and has willed you the house and land , that you are able to retain 1 rai of land that the house is built on but must sell all in excess of 1 rai within the year . Does anybody know if
this correct ?
 
Wrong.

It is complicated and I am not a lawyer.

You can inherit as above but this conflicts with other Thai land law.

The one question to ask is - do you, or anyone else' know anybody who has successfully owned land in this manner ?

No ?

Nor me.

When they say that a Falang cannot own land in Thailand I think they are 100% correct.
 
I once met a (french) farang who owned a beautiful wooden house built at the Fishermans Village (Bang Bao) and owned it outright in his sole name because it was over water and not on land. I saw his Tabien Baan.
 
There is no problem to a farang owning a house. It is just the land that they cannot own. And obviously the land owner needs to give permission for him to own the house on his/her land and being allowed access to it.
 
An interesting article from the Bangkok Post ...

Thailand: It's only in your mind


The government would like to rebrand Thailand, in accordance with the slogan "Thailand in your mind". Citizens are invited to vote on four choices: Thailand as a country of open-minded people with a positive attitude, or as a country with local wisdom that is still open to the world, or as the place where business, culture and nature converge into one destination, or as a hub for investment and exemplary service.

And why not?

Walk the streets, sit in the restaurants or dance at the clubs and you will see both young and old, and people from different corners of the world. You will see a melting pot.

Turn on the television and watch MTV, Hollywood movies, Asian films, CNN or BBC. You can watch an entire channel in French or in Chinese. You can switch on the original audio.

Look around and admire the luxury malls, the state-of-the-art theatres, the high-rise buildings, the international brands and the multi-national companies - yuppie white collar office workers of various ethnicities and nationalities mingling.

Think of the international schools, the international communities and the middle class Thais with degrees from abroad. The mixing of languages, the fusing of lifestyle and the society that embraces popular cultures imported from the world over.

The open arms, the welcoming smile and the courteous hospitality _ we display it all. Visit Thailand. Invest in Thailand. We are open to the world. We want you to come to Thailand.

All of the above are true, very true. But not everything is as it seems. Underneath the openness, there lies a mystery within.

Every day we talk education reforms, but at the end of the day we demand obedience and conformity. Every day we preach creativity, but at the end of the day we censor and ban.

Every day we rant against corruption, but at the end of the day we corrupt. Every day we speak of change, but at the end of the day we make sure things remain the same.

Every day we smile and open our arms to foreigners, but at the end of the day we refuse to let them buy land, buy houses or actually own their own businesses, because we are afraid they would cut out a piece of Thailand, put it into their backpacks and take it back to their home countries.

This is our collective psyche. We don't intend to misrepresent or misinform. We don't mean to cause confusion, dilemmas or paradoxes. We don't, by design, intend to be untruthful or hypocritical.

Make no mistake _ we do sincerely want to open up. We want to be creative, we want reform and we want change. We want to spread our arms wide and embrace the new and the foreign.

But we just can't because in the backs of our mind, in the depths of our souls and underneath the surface we are ruled by fear and paranoia. We are suspicious. Which, if we were to understand our own mysteries within, then perhaps the confusion, the dilemmas and the paradoxes of modern-day Bangkok and Thailand would make sense. It would be understandable that it is only natural. And then, we can make proper changes.

We Thais are not big on history, even if we like to make big movies on history. Be that as it may, the authorities, the schools and society made sure to hammer into our hearts and minds from a young age two issues that play a crucial role in shaping our national psyche.

First, the Burmese - there's no need to elaborate, anyone who knows anything about Thai history understands exactly.

Second, foreign powers in general, and western powers in particular - we learned how they cheated, robbed and stole from us. Chipped away our land and undermined our sovereignty. We were taught about our heroes who stood up against their encroachments, those individuals who preserved our independence against the odds.

Through history we have learned to fiercely protect what is ours. This is our proud history and celebrated heritage that we should never forget and our heroes whose names and deeds should be sung in praise through the ages.

But we have learned little else other than this. Importantly, we haven't learned that times have changed. That what was before, is now no more.

Through the second half of the 20th century we were ruled by a succession of military dictators who _ for all their flaws, fallacies and atrocities _ did keep the country from falling into the hands of anarchy and communism. They did it through perhaps not the best of methods - that of rigid obedience and strict conformity under the banner of fierce nationalism, and that led to the shedding of blood and the abuse of human rights.

Take all of that into the equation, with the addition of fear and the multiplication of paranoia, and we have the sum of deep-rooted suspicion suspicion of things that are new, things that are different and consequently, an ingrained resistance to change.

Our better senses tell us to open up and to embrace, to free the mind and liberate the soul. That is why on the surface we see the melting pot the MTV, the foreign art and culture and the foreign faces, brands and, of course, money.

But underneath we still fiercely guard what we consider ours _ and we do so by intolerance and prejudices. We do so by banning and censoring. We do so by demanding obedience and conformity. We do so by laws and regulations that aim only to take, but hardly to give.

Our proud history and heritage is something we should celebrate as a beacon of light. But instead, we use it to instill fear and paranoia that lead to an ingrained suspicion of all things, thus the consequent resistance to change. And this has been embedded into our national psyche, no matter what our better senses tell us.

''Thailand in your mind'' is a dream of what we can become. But at the moment, if we don't make the proper changes, it is simply another useless PR attempt that achieves nothing more than painting a portrait of ''Thailand, only in your mind''.

So instead of just making it a PR campaign, let's make it a reality.

Bangkok Post : Thailand: It's only in your mind
 
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