Dear readers,
I am curious if there are homeowners who have the land in their Thai partner's name, but have the house on this land fully or partially in their own name. This should be possible according to:
“If protection is required the first protection for the foreign spouse lies in obtaining joint or sole ownership over the building separate from the land. It's only the land aspect of the property that is restricted for foreign ownership, not the structures upon on the land or immovable property as a whole. The structures on the land can be a jointly owned property or even owned as a personal property of the foreign husband (section 1472). By assuring ownership or co-ownership over the house in a separate procedure at the Land Department the foreign spouse prevents a situation where the Thai spouse is able to sell the whole property without the consent of the other spouse (see section 1476 management of Sin Somros above).”
We want to do it in such a way that my girlfriend pays for the land and it is of course in her name, but the house on it is fully paid by me and then also fully in my name.
This so that she can never fully occupy or sell the house without me in the event of a divorce.
Regards,
Robin
yes you can.but you have to have it described that you are the one who paid for everything.
you can do this at tewi language school in bangkapi, or at a law firm of your choice.
estimated description costs around 60.000 baht.
kind regards.
Forget it!!! As a homeowner you are at the mercy of the owner of the land.
You have no right if she doesn't let you into the house.
berthy
What if the house happens to catch fire afterwards?
Keep all purchase receipts for building materials and ensure that these receipts are also in your name.
A house in Thailand is movable property, you can indeed break down a wooden house and take it with you or move it with a stone structure, this is a bit more difficult.
So what to do with the house if the relationship breaks down? Selling to your ex-partner? Breaking down?
In my experience, who owns the land also owns the house whether you like it or not. So WRITE OUT.
You could also consider making a usufruct contract so that you get the usufruct of the land. Then you are completely safe in the future.
Yes,
There are many who have "arranged" this way.
Of course it does not guarantee that if you split up, she will pay for the house (she has no money) and you can never sell the house, because it is on someone else's land.
Another common construction is; she buys the land and the house, takes out a mortgage in her name with the bank (foreigners are not granted a loan) and you pay the interest and repayment. She will never "leave" quickly because then she will lose the "sponsor" of the house, she will not be able to pay the mortgage + repayment herself. A so-called win/win situation.
She must be able to prove that she has income.
On this basis, a possible mortgage provided
Well, did you have in mind that when the house is yours you could take it with you if there is a divorce?
The land always belongs to a Thai and if you want to build a house on it, they always like it, but it is not the case that you will not get into trouble when things go wrong, think before you start.
Hi robin,
you also need to read transparently through the English text. The Thai interpretation is very important!
As stated in your text, it says that the house has a separate procedure with the Land Department.
This is an ordinary registration of the house in your name (but in your wife's land).
The house is subservient to the land. The house will later be sold with the land if she wants to sell it.
With that separate procedure at the Land Department you can file a lawsuit to reclaim part of the costs of the house in the event of a sale.
But in court, a Farang usually loses to a Thai.
In the event of a divorce, it is best that you compromise with your wife, but your wife is not obliged to compromise.
If no solution is found in court, it sometimes happens that the house is destroyed so that no party gets it.
A solution would be to lease the land for a number of years.
However you look at it, you ONLY own the house.
Your wife is doing you a favor by letting you build the house on her land.
The house is attached to the land. You cannot move the land, but you can tear down or level the house.
Also keep in mind that if she refuses entry on her land, you still own the house, but can't access your house because you have to go through her land.
This is her right, there is no discussion about that.
She can make it so difficult for you that you will have to give in.
Anyway, your Thai wife wins anyway.
Is the house built against the street? Or do you first have to walk a few meters across her land to get to your house?
Where do the electricity and water pipes run? Do those pipes run through her country?
But if you are sure about your Thai wife, then you just have to build and register the house, then there is no problem. Good for the Thai economy.
Dries
In many villages you sometimes come across half-finished or abandoned houses that were not love-proof.
If the relationship breaks down, your house will be on your ex's land. Do you think you can have a happy future there with another woman? If your house is close to her family domain, you can shake it completely. Some take on the legal battle, with the laughing third being the Thai lawyer you hire.
In my humble opinion there is only 1 way to do it right. You give that house figuratively to your girlfriend, you immediately distance yourself from the investment in money. Then you always have a good plan B and the means to give shape to it if necessary. Do you never have a sleepless night about your financial loss, relationship loss is of course another story. But at least you can get on with your life and that is worth a lot.
I know the story of someone who has the land in his ex-girlfriend's name, he got into a fight with and sold the house. He was no longer allowed access to his house because his girlfriend forbade access to her country, supported by 2 lawyers. He did not feel like further proceedings with lawyers who also demand their share. Are there people with similar experiences?
Then you also have to make a lease contract that you rent the land from her for, for example, 30 years, otherwise you have no say at all because if she wants to sell the land, she will just do so and then you know how to go. Of course you can take the house with you haha. I'm not sure if they can even charge you for the demolition to return the ground clean. So watch what you're doing. Go to a good lawyer and get proper information.
Good luck Ben Korat
Yes did it too. Unfortunately the relationship has been sold out and the money has been refunded. Without this construction my money was completely gone. Costs a bit for the country office and for the contracts, but it can be done.
But you do need three contracts to do it right. Still have them in concept.
1 lease agreement
2 Mortgage contract that you lend the money to your wife and therefore do not lose the money from the purchase of the land, not to mention that the land cannot be sold.
3-Superfice contract. Is that you have the right to build on the land and own the house and what happens to the buildings when the lease contract has ended.
All 3 contracts in Thai and English must be registered at the country office.
Good of you to think about the future. A divorce or death is unfortunately in a small corner.
If you want to know more, you just have to call otherwise it will be a whole story.
Dear Peter,
Am very curious about these contracts in both languages, please contact if possible.
Sincerely Jan
Just send your phone no [email protected]
And what if she doesn't allow you to come in or out of your house because you have to cross her ground. I also wish you a long and peaceful life together.
Dear Peter ,
I could only give you the advice that according to my experience it is better to have a usufruct contract drawn up, that is 100% safe and you can continue to enjoy the house as long as you live and no one can evict you and you can still get your money back. respect agreements.
The house in your name has no value whatsoever in the event of a dispute and I speak from my own experience and have experienced it all, the owner of the land is the owner of the house anyway and can be transferred in a very easy way, a chamotte is a property title and everything on it belongs to the owner and the housebook is not a property title.
Good luck with your project,
CP
She can forbid you to enter her country
I would first check with the local land office whether they accept such registrations in udon thani, because no lease registration on the back of the ownership title, no use fruit, but signs that the money does not come from you. This is not the same everywhere, there are municipalities where things are different.
good luck Hans
I think you're making a mistake. If the land belongs to your partner or someone else, he or she can refuse you access to the ground.
land in wife's name and house in your own name is indeed possible, in the event of a divorce she can sell the land, but you cannot put your house in your pocket. The new landowner could make it very difficult for you. with a divorce, it is better not to get married and not to buy property!
If you still want to get married, then marry without a contract and in the event of a divorce everything is 50/50.
There is a much simpler method to avoid all those problems that have been described when your relationship is on the rocks, buy a condo or apartment 100% in your own name and you will not have those problems. 51 percent of the apartment building must be in the name of Thai, so 49 percent is available for the farang. Broken relationship no problem as far as your investment is concerned, you can continue to live or you sell it, another option, renting then you are not committed to anything. Thai law doesn't protect foreigners (you are a third class citizen) so my advice is don't take any chances and protect yourself. Simply staying in the Netherlands is also an option.
I have a lifelong (my life, my right does not expire when the land is sold or the owner dies) right to use my house and the land.
There are 3 flavours.
1 Sole use – right of residence.
2 Right to build and demolish, plant and clear trees, etc.
3 Right to engage in mining.
Registered with the land office.
What will happen to the house and the land after my death will concern me.
I experienced a similar situation and then made the choice to take my loss, but I did have the tent broken down and caught some more for the building materials and the furniture. Do it otherwise someone else will beat you to it.
In the event of irresolvable disputes, you always lose, especially as a farang. So try to get as much out of it as possible. Also in terms of satisfaction.
If you have the land put on your Thai wife, make a lease of 30 years (usufruct) between both of you, but have the house put in your name and all this through the land register. It is best to hire a good lawyer who will draw up all this for you.