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Home » Reader question » Reader question: What happens to our house if my Thai wife dies?
Reader question: What happens to our house if my Thai wife dies?
Dear readers,
We are planning to buy a house in Jomtien that will be registered in my wife's name. I got married in the Netherlands 7 years ago, but now it comes. If my wife dies, either through illness or an accident, what happens to our house? Is that mine or will that be for my wife's family?
I know this is not a nice question but it happens.
Thanks for your reply.
Sincerely,
Pieter
Consult a lawyer or lawyer-notary for the many options and it is best to do so before you purchase.
You write that you are buying a house. But do you also buy the substrate? Or do you buy an existing house on someone else's land and are usage rights recorded and if so, in whose name(s)? Is there free (private) access to the public road and utilities?
Land cannot be registered in the name of a foreigner, but rights to that land can be granted; superficies, usufruct, long-term rent. This allows you to build in a guarantee for the surviving spouse. Finally, there is also the will as an option.
Get good advice in good time and decide accordingly.
Are you talking about the house or house with land? The land must be in your wife's name, but the house can be in your name. It is best to make a will because the Thai family can contest the following. Under Thai law, as a spouse you are the heir and also inherit the land. But !! You must sell this within 1 year, if you fail to do so, it will be confiscated by the State. If she has children, they inherit everything and you miss it or as said before, make a will here in Thailand, but I am not aware of how that works. Will get better responses than mine.
Dear Pieter,
You don't mention the most important thing: the land, which by definition does not belong to you. It is better to have the house put in your own name, if necessary with a usufruct construction on the whole (land and house). If you die, it will go to your wife anyway!
However, if she dies earlier, and the land belongs to her family, the chance that you can continue to live there as a foreigner is small in practice anyway. The family may then like to take possession of everything themselves, and as soon as possible.
I agree with this, house in your name and the land in your wife's name and then usufruct or enter into a lease contract with your wife that you lease the land on which the house stands for x number of years and that this contract will expire after those x number of years (you must have “expired”) and then the land will pass to her children or other family. Try to get this construction on paper in consultation with a lawyer. Taking a lawyer in hand will give you and your wife a pleasant feeling that everything is neatly written down on paper.
Dear Pieter,
one piece of advice : before you buy anything : consult a lawyer who specializes in this type of business. Don't go on: do this or do that… If you still want to invest a certain sum, do the small extra cost and invest first in a good lawyer to avoid all problems in the future. Avarice deceives wisdom. We have read enough stories about this kind of thing here on the blog.
regards, lung addie
if you have children then it is better to put everything in Thailand in their name then you can continue to live in the house because you are the biological father … well think about it but don't lose sleep over it because if things go wrong I can easily do something can rent for very little money…yet
You can only register in the name of your children if the children are of age.
That's not true, Francis. After my divorce from my Thai wife 3 years ago, I received a cash amount from the marriage property and in addition, plots of land were put in the name of our 12-year-old son. I can show you the chanoots. That can only be done by the father or mother. My son can't do anything with it until he's 20.
Dear Tino Kuis,
Thank you for this information. I want to put the land to be purchased directly in the name of our minor (2) daughter, but my lawyer told me it was not possible. I will report your correction to him.
It can't be done right away. The mother buys the land and immediately puts it in the name of the minor son/daughter.
Thank you Tino. So Peter's question also helped me.
Buying a house in your wife's name is asking the gods. despite 7 great years with her. Many have preceded you to a night at Jomtien Beach with their suitcase.
Arrange this with a REAL lawyer and do it through a real company and also a will,
Important: You were married in the Netherlands, which is not valid in Thailand until you register the marriage in Thailand. If the marriage is registered and then (!) the purchase takes place, you both own 50%. If the usufruct of the house is also in your name, you can continue to live there with peace of mind.
It does depend on how the relationship with the family is. If they try to make your life miserable in order to get possession of the house, then you don't really enjoy living.
A spacious condo would be easier, you can get that completely in your own name.
Regards, Cees
In the best case scenario, you own 50% of the house.
From the ground you will never become one with all the consequences that entails!
Sincerely,
Lodewijk
Hello Pieter,
The day before yesterday I asked a question on this blog and received helpful answers. Enter “testament” as a search term in the top left box of this blog and you can read it.
What happens to your house? Your wife's Thai family will take over and as a foreigner you are guaranteed to get the short end of the stick. Unless you have a will drawn up in Thailand.
I wish you good luck in your home!
B.Elg
I have a Thai wife and have been officially married for 10 years. Two years ago bought a house on land in a project. After delivery of the blue book, it is described on the land register and is in both of our names. So basically I own the legal half of the whole thing. Should I take further safety measures, should my wife die before I did???
You were married in NL, you may also still be registered in NL.
I wish you a long and happy life, but you may be the first to die.
Have you also arranged something in that case? Because the arm of the Dutch tax authorities extends very far abroad in terms of property, inheritance and inheritance taxes. The house in TH is in the name of your wife, married in NL in community of property or not?, any other property in NL and TH?
A NL civil-law notary can tell you more about this in a first non-binding conversation.
If your wife dies, you can inherit my house AND land, but land must be sold within 1 year. Usufruct, lease of company (+ authorization to take over shares in the event of death) may also be a possibility. Better consult a good lawyer in TH.
Or ask the question: “Ask the lawyer” van http://www.thaivisa.com.
http://www.thaivisa.com/forum/topic/748687-inheritance-by-foreigner/?utm_source=newsletter-20140806-0800&utm_medium=email&utm_campaign=news
If your wife passed without a will, then her heirs will be entitle to her estate, by Thai law legal heirs includes living parents, her children and her husband. 50% of the marital property (even if it is in her name) will automatically go to you because you and her are legally married, so any property that was obtained during the marriage will be split 50/50 between the husband and the wife. The other 50% then will be considered as her estate, this will then be split in equal parts among her heirs. As a note, if your inheritance included property (land) then you are required by law to sell the property within one year from the date the inheritance were received.
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A long time ago I faced the same issue, informed and weighed things up and then decided afterwards that it would all be bad for me.
Just explain:
After living with a Thai girl in the Netherlands for over 10 years, we wanted to build a house in her native region.
After all, that was her big dream.
She already had the land, just had to build a house.
And then you can do two things;
1. Playing the typical Dutchman and trying to cover everything because of the money invested,
Or 2. just go for it and wish her luck, without the hassle of lawyers, contracts and other petty posturing.
Everything in her name so yes.
After 7 years you know whether it is good or not, what someone else has to say about it, of course, has little to do with you.
The same goes for the stories of those who have gone before you and who went wrong and blah blah.
And maybe you die first.
We are now more than 10 years later and I am still very satisfied.
If my girlfriend ever dies before I do, I've long since decided that I'll give everything away to her family.
House, pool, just everything.
Because what good is all that fuss if you've already lost everything?
And then you make someone a little happy with it too.
What do you actually lose in terms of money on a house in Thailand?
If it was in the Netherlands, I understand you, but here …. oh... you'll get over that..
I hear it very often from farangs that they want to cover everything and stuff,
But in practice, that doesn't work out in the end.
If you can spare the money, just do it and enjoy life.
@ Vinny, that's exactly what I think too. I have been married to a Thai for 30 years and everything is in her name. Never had any problems with it. If my wife dies then the family can get everything because then I don't want to stay here anymore, if I lose my wife then I lose everything.
I understand Vinny and Theo's views. But what if you have other children from a previous relationship? How would you feel about it then?
Your last line IF you can spare the money is of course very important.
Many expats will NOT be able to afford that money.
So they will have to cover themselves properly.
Best read this article first, even if you are sure of your wife, you are never sure of the family.
https://www.thailandblog.nl/lezersvraag/erfgenaam-overleden-thaise-vrouw-familie-ligt-dwars/
Gret Philip
If you do not arrange anything in advance and your wife dies, you have one year to sell the property, as you cannot own any land. Leasing land from your wife is not allowed, however you can take a usufruct (usufruct) which is valid for life even if sold. This is stated on the did. Please contact a lawyer about the procedure. First collect Information about this yourself so that you know what you are talking about. Google buy house Thailand, buy land Thailand or usufruct Thailand and you will see a whole list of sites that clearly provide information about this.
I have already commented in a similar item that you can mortgage the land so that no one can take the land without your permission. You only give that permission if the money is repaid.