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Home » Reader question » Reader question: What about the land on which my house stands when my father-in-law dies?
Reader question: What about the land on which my house stands when my father-in-law dies?
Dear readers,
My wife's father has remarried. He has some land to his name on which he has pledged which land belongs to which child. However, nothing is on paper.
I think after his death everything will go to his new wife. My wife says no. The new wife is a nasty woman who does not want to know anything about her husband's children, he is not even allowed to visit.
I had a house built on her land, which is still in her father's name afterwards. So I'm afraid if the man should die we can be evicted from our house. The house is in my wife and my name.
Kindly advice thanks,
computing
Apparently the last one hasn't been caught yet. Start saving for a new piece of land. If there is nothing on paper, you have nothing. If you can prove that the house is yours, you can take it with you. But in my humble opinion you would have been better off buying a caravan. After all, it is a little easier to move... That will be a few sleepless nights if you ask me.
Have a serious conversation with your wife. They know very well how it all works. Maybe after your conversation your wife can still get it on paper .
Good luck, Jan.
Dear,
If father-in-law has good intentions with your wife, father-in-law can sell the land to her for a small amount.
right, and if your country does not have a chanote, you are also in violation as a falang because you have built on government land. Then you better stay away from there. Take advice before taking steps. But you can sue them for scamming but that will be a long road.
Not necessarily. There are different forms outside the chanote, some also give you the right to build if the local municipality allows it.
Some forms cannot change owners, only inherit. Others are tradable, the simplest ones even have no registration, the person who has the paper is the user. Some forms can serve as a basis for, for example, a lease or a use fruit, others cannot. Some also have a time limit.
Doesn't make you any wiser as a farang. With land prices it weighs very heavily whether the land is under a chanote or if there is another form of ownership.
More fodder to present to a lawyer, or at least to have the compuding woman make inquiries at the land office. If it is a different form as a country with chanot then there is also a chance that the father's new wife will not be able to get it anyway. Is rather hypothetical, my earlier response also assumes land on chanot. Most Thais only build houses on land under chanot, the other forms are more often used for a farm etc outside the village.
I'd say go see a lawyer instead of asking here. After all, they know best.
But I don't think the new wife is automatically entitled to the land upon death. If he bought it after they got married then she is entitled to 50% plus an equal share, so the other 50% divided between children plus wife.
If he owned it before marriage, it will be divided equally among children plus wife. So if he had 3 children then it will be split into 4 parts.
All this applies if there is no will. If you want to be sure of your case, you can have everything recorded in a will, in which he can donate everything to his children, but he could also record what goes to whom, even if he would let his wife share.
Oh Oh Computing…..
That can sometimes cause difficulties … .. especially if she is going to lend him a hand … .. It seems to me that there is only 1 possibility to save your invested knacks …. try to placate him with a bag of {your} knacks it immediately in name of his children….this happens a lot in Thailand…so before the death of the parents…it can work….thaien are very sensitive to casch…snap…
good luck
Johan
Incidentally, addition: having it recorded is important anyway. If his new wife finds out and gets him to leave everything to her in a will, you WILL lose it. It seems to me that you and certainly your wife do not want to take that risk.
Yes I have urged my wife to talk to her father but she says it won't go that fast and she will get the land when he dies. In addition, his new wife gets angry when he talks to his daughter.
I don't understand because the whole family has plenty of money.
I prepare for the worst.
Thanks for the advice
computing
see: http://www.samuiforsale.com/law-texts/thailand-civil-code-part-3.html#1619
especially the articles (sections) 1629 and 1635.
If the father has not made a will, the descendants (children) are the first heirs (Article 1629).
The surviving spouse is then entitled to an equal share as the descendants (Article 1635).
In the event of the father's death, it has of course not yet been determined how everything will be practically divided and which share the surviving wife will receive and which share your wife will receive.
If the father has made a will, you will have to look at the content of the will.
Please note: I only interpret what I read and have no practical experience. So my answer does not offer you any guarantees. Perhaps some readers have experience.
Best regards,
Damian
Thai law of inheritance recognizes different groups of heirs in order of succession law;
1 the children
2 the parents
3 brothers, sisters and husband.
Going further is not necessary in this case.
Conclusion; so his new wife comes after him.
You have to hire a good lawyer because there is a lot of cheating with bribery.
AND I speak from experience.
You talk about children, so your wife has at least one brother or sister who are in the same boat. Is your wife in contact with them and what is his/her/their attitude in this matter?
It's not all that difficult and simpler than it seems. However, in such cases, too little information is usually provided to form a good judgment and speculation ensues. But hey, what's it about? Compuding's father-in-law has some land. And he has already pledged that land to his children. But now there's a new angry mother-in-law who might take all the land when father-in-law gives up the ghost in time. And on a piece of land to be inherited, a house has already been built by Compuding. Mother-in-law can therefore ensure that Leiden is in trouble! And that in Thailand.
Well, that's not so. Mother-in-law participates in substitution if she is legally married to father-in-law. A so-called Buddha marriage is not a marriage according to the law, and therefore does not count!!!
Compuding reports that father-in-law has the land in his name. So for the sake of convenience we have to assume that father-in-law owns a chanoot. If so, the father-in-law legally owns the land and the children can inherit it later. If there is no chanoot, there is nothing to inherit. To begin with, Compuding would do well to ask his wife to clarify this. If the father-in-law is not the owner according to Thai Law, then all the land will pass the children's noses and the land will revert to the government, eg the municipality. So inquire!!
But I think there is no chanoot, otherwise the children would have known this long ago, including Compuding's wife and he himself. Plus the kids could show a copy of the chanoot. It is therefore quite possible that the father-in-law never bought the land himself, but inherited it himself through one of the dozens of other regulations that are customary in the countryside. But Compuding doesn't say whether the land is indeed in the countryside, so I'll just assume it for the sake of convenience. Father-in-law could then own land on the basis of a so-called Norsorsaam, proof of ownership of (agricultural) land outside urban and built-up areas. In that case too, children can simply inherit. If not: see above! Compuding can also check this with his wife, and this with his father-in-law, and don't fuss too much with lawyers, land office, etc., because that causes bad blood. Farang right? So he shouldn't make a claim on Thai soil anyway, let alone have it!
Then: father-in-law has remarried. The question now is whether father-in-law is legally married. If this is the case, the new wife participates in the inheritance of the land after her husband's death. It doesn't matter what her character is like. Not even if father-in-law would grant her all the land. The children can have this declared null and void. They must know how to do that, but that is a concern for later! A legally married person receives a child's portion.
Compuding says nothing about the number of children, but suppose father-in-law has 5 children. Compuding can count on 1/5 piece of land after the death of father-in-law. However, if the father-in-law is legally married for the sake of convenience, then the division will be: each child plus wife is 1/6 of the land.
In summary: only 1/6 of the land if there is a legal marriage between father-in-law and son-in-law. Otherwise it remains 1/5. And no inheritance if father-in-law is not legally the owner. There may be no lease or use rights on the land, and it may not be government or municipal land. Plus, the ownership must be described or according to Thai Law regulations regarding a Norsorsaam or the same if it concerns a Chanoot.
I suspect that you don't do that in your home country: put a house in someone else's name, on land that still belongs to someone else and everything without putting anything in writing. Incomprehensible.
Go to a lawyer who defends the interests of farangs. So not a Thai lawyer who lives near father-in-law. Have a lease contract for 30 years of land with house made. If the father-in-law agrees, no problem. If father-in-law doesn't want to, you're blessed.
Options.
Your father-in-law can die, as can all the other 'players', for example your wife ????
To understand as much as possible based on 'official' documents.
Good luck, let's think about it.