Reader question: Contract for usufruct

By Submitted Message
Posted in Reader question
Tags: , ,
October 30, 2020

Dear readers,

I want to have the usufruct contract made for:

  1. The condo I bought 3 years ago in the name of my Thai son who is now 8 years old.
  2. A piece of land that I bought 5 years ago and that is registered to my ex-girlfriend, the mother of my son.

Can someone tell me what to do and what documents I need?

Thank you!

Regards,

Eddy

8 responses to “Reader question: Contract for usufruct”

  1. Antonius says up

    Dear Eddie,
    I'm missing information on who has custody of your son. Perhaps it is arranged in Thailand that your ex girlfriend is. Now you can own something as a minor, but this is generally the guardian or parent who can make decisions. I think the condo and the land are legally owned by the trustee . So your ex-girlfriend.
    I would talk to an expert if I were you!

    Succes

    Antonius

  2. tooske says up

    Eddie,
    Fruit use is usually noted by the land office on the back of the chanot.
    No lawyer or contract required.
    However, the owner who is on the chanot must of course agree with this. after all, as a farang and ex you have no rights whatsoever.
    It therefore depends on the benevolence of your ex, even if your son is still a minor.

    • winlouis says up

      Indeed Tooske, because his ex-girlfriend will have custody of the child, they must go to the land office together, his name will then be added to the back of the Chanot, I also had the lifelong usufruct added to the Chanot 2 years ago. a Condo in Pattaya and normally it is free, but we still had to pay 1.100 Thb in Pattaya, which you just don't ask for if you know how it is all arranged in Thailand. “Hands always open”!
      But in Pattaya it is also sometimes refused by the competent boss of the land office, I think Eddy will have little chance, because they are no longer together. It wasn't a problem for me because we are still married and I could prove that I was staying at my wife's address. As far as I know, it will be even more difficult for the land, because a foreigner cannot own land anyway and the land will automatically go to the son after the death of his girlfriend, if she has no other children, that is, otherwise these also entitled to their share of the estate.

      • JAN says up

        you take a usufruct on the land the house stands on, not on the house!!!! For a condo, it's on the condo! Usufruct (usufruct) is not a title deed!!!

        • winlouis says up

          Dear Jan, I sometimes claim here that a Usufruct is a title deed. I clearly state here that the usufruct is added to the title deed, so the ownership does not change owner when the usufruct is added. You can have the title deed transferred to your partner's name, which I had already arranged before because I had first purchased the Condo in my name, when we were not married yet. I only had the Usufruct added to the Chanot 2 years later in the name of my wife. If you have the title deed transferred to your partner's name, you will pay the registration costs again.! In the event of death and transfer of ownership to your heirs, they will also pay the registration costs again.

          • JAN says up

            Indeed correct but Eddy wrote that he wants to leave a usufruct "contract???" make on the GROUND. As you say it is written on the back on the chanote. So I don't understand your remark that you quote: "For the LAND it will be even more difficult, according to my knowledge, because a foreigner cannot own land anyway....."???? What has usufruct to do with whether a foreigner can or cannot own land? Are you married or not? By the way, a foreigner can become the owner of land in a certain way, provided that he meets certain conditions and invests 40 million baht! Or this law should have been amended in the meantime. By the way, I paid 75 baht in Chiangmai for the usufruct on the land registered in my wife's name. And on the condo in Pattaya that I bought in Foreign ownership, I just had my wife's name written on the back of the chanote. This cost nothing extra.

            • winlouis says up

              Dear Jan,
              for the usufruct on the land, it indeed has nothing to do with owning land, it is only for the use of the land and if a house has also been built on it, for continuing to live there after the death of your partner, but that does not give him any certainty if his girlfriend dies, the family will do everything they can to sell the land.
              I have already heard that a Usufract in Thailand can be easily contested by taking legal action and then again who gets the short end of the stick.!? He does have 1 advantage with his son, if he is actually listed on the birth certificate as the father.!
              I must also agree that a foreigner can indeed own land if you come across the bridge with enough money, that is also the only reason that you can also obtain Thai Nationality as a foreigner, with the big money everything is possible in Thailand. In connection with the statement that it will be even more difficult to obtain a usufruct on the land, I mention this because I know from an acquaintance that at the Pattaya land office the usufruct was refused by the chief officer, although he had purchased the Condo on name of his girlfriend they were not married for the Thai Government.
              Adding the usufruct to a Thai is NEVER a problem, but giving a Falang the usufruct, when no legal marriage is involved, is apparently difficult for the chief officer to process.!
              It took that person A LOT of effort and time to get this sorted through higher authorities in Bangkok and the reason was also because he was not married to his Thai partner.
              The addition of a co-owner to the Chanote does indeed also cost normal
              seen almost nothing, but to change the Chanote to a different name, (Donation) you do pay a registration fee, as I have already mentioned.
              According to what I heard through third parties there could be an exemption or a reduction in registration costs, that would have to do with the years that you have already owned the property, but I'm not sure.
              The reason I had the Chanote of the Condo in Pattaya transferred to my Thai wife's name, is so that no difficulties can arise if I die.
              I also have a son in Belgium and if the title deed is in my name or both, my eldest son in Belgium can request his share of the estate on real estate in Thailand.
              With my Thai wife I also have 2 children from our marriage, they will be 16 years old and 18 years old next year. If my wife dies before me, the house and the land (in the province of Sara Buri) will go to the children and with the usufruct at the Condo, I am safe until I die. That is why I have not had usufruct added to the Chanote of the house and the land.
              I still live in Belgium for the moment and come to Thailand every 3 months with my family.
              I planned to move to Thailand permanently from 2023, but I think it will get a bit faster with the corona problems, normally I come back to Thailand at the beginning of January and I think if there is no recovery in Europe with the virus , I will stay in Thailand permanently from next year.!

  3. JAN says up

    Louis, I have no children, neither in BE nor in TH. That's why I put my wife's name on the chanote and made a Thai will, so no one in BE can try to claim my share of the condo in the event of death (parents, brother,..). I myself am almost 59 and hope to move to TH within a year. I have a very good friend in Phuket who has a Law Office. She told me that Thais cannot just do what they want there if you are married without a marriage contract, the rule of community of property also applies in TH, even the chanote of the land is in her name, and it was purchased during the marriage, you are also entitled to half of the possible sale of the land in the event of divorce or death. Even if your partner dies, I think you still have 120 days to sell the land, half of which is yours and the other part goes to her heirs, but where you can even belong. My friend has also been refused usufruct in Pattaya, despite being married for a long time. regards


Leave a comment

Thailandblog.nl uses cookies

Our website works best thanks to cookies. This way we can remember your settings, make you a personal offer and you help us improve the quality of the website. read more

Yes, I want a good website