Welcome to Thailandblog.nl
With 275.000 visits per month, Thailandblog is the largest Thailand community in the Netherlands and Belgium.
Sign up for our free e-mail newsletter and stay informed!
Newsletter
Language setting
Rate Thai Baht
Sponsor
Latest comments
- Cornelis: The 'growing problem of overtourism'? One day they take measures to attract more tourists, the next day
- Lieven Cattail: Naturally. trumpet from the rooftops that Thailand is so 'Amazing' and invite everyone to take a look, m
- Johnny B.G: Hey friend, have you suddenly forgotten the human rights violations in China with their good lessons? Unfortunately, you confirm the image somewhat
- T: Apart from the number of flights and aircraft, it is almost impossible to add up, but fossils in aviation such as KLM and Lufthansa
- scarf: I have been living here in Isaan for 12 years, I no longer have Isaan food for me, it is not very tasty, and I sometimes wonder if this food is like this here.
- Rob V: Suddenly an inspiration: great to write a novel with all kinds of stereotypical characters, and the cliché events would be for e
- Pjotter: Price is about right for me (20 km south of Korat). I had a good contractor and the agreed price was 1,45
- Rob V: I completely agree with encouraging cooperatives, Johnny, because that makes my socialist heart beat faster. ;) But
- Johnny B.G: “– there is already a growth in contract cultivation (on the initiative of traders with China; durian, longon, mangosteen, rice) and
- Rob V: I'm half way through the book now. So far the main characters are walking clichés: white nose falls in love immediately, lady gel
- Johnny B.G: Being the last lies the problem but also the solution. Just do your annual ritual and come to the conclusion that
- Chris: A few notes: – Agriculture in Thailand is much more than rice. Expressed in dollars, the export of fruit and also of
- Ronny: In the region where my in-laws live, Natan in Ubon Ratchathani, the price per m² is 11.000 Bath fully finished. Payment
- Arno: The fact is that the farmer, with his toil, gets almost nothing for his rice and can barely cover his costs, let alone enough
- According to: With the simple technology in the rice fields, it has NOW become very expensive to grow rice. Set 10 rai. We had last
Sponsor
Bangkok again
Menu
DOSSIERS
Learning objectives and topics
- Background
- Activities
- Advertorial
- Diary
- Tax question
- Belgium question
- Sights
- Bizarre
- Buddhism
- Book reviews
- Column
- Corona crisis
- The Culture
- Diary
- Dating
- The week of
- Dossier
- To dive
- Economy
- A day in the life of…..
- Islands
- Food and drink
- Events and festivals
- Balloon Festival
- Bo Sang Umbrella Festival
- Buffalo races
- Chiang Mai Flower Festival
- Chinese New Year
- Full Moon Party
- Christmas
- Lotus Festival – Rub Bua
- Loy Krathong
- Naga Fireball Festival
- New Years Eve celebration
- Phi ta khon
- Phuket Vegetarian Festival
- Rocket festival – Bun Bang Fai
- Songkran – Thai New Year
- Fireworks Festival Pattaya
- Expats and retirees
- state pension
- Car insurance
- Banking
- Tax in the Netherlands
- Thailand tax
- Belgian Embassy
- Belgian tax authorities
- Proof of life
- DigiD
- emigrate
- To rent a house
- Buy a house
- In memoriam
- Income statement
- King's day
- Cost of living
- Dutch embassy
- Dutch government
- Dutch Association
- News
- Passing away
- Passport
- Retirement
- Drivers license
- Distributions
- Elections
- Insurance in general
- Visa
- work
- Hospital
- Health insurance
- Flora and fauna
- Photo of the week
- Gadgets
- Money and finance
- History
- Health
- Charities
- Hotels
- Looking at houses
- Isaan
- Khan Peter
- Koh Mook
- King Bhumibol
- Living in Thailand
- Reader Submission
- Reader call
- Reader tips
- Reader question
- Society
- marketplace
- Medical tourism
- Environment
- Nightlife
- News from the Netherlands and Belgium
- News from Thailand
- Entrepreneurs and companies
- Education
- Research
- Discover Thailand
- Opinions
- Remarkable
- Calls
- Floods 2011
- Floods 2012
- Floods 2013
- Floods 2014
- Winter prices
- Politics
- Poll
- Travel stories
- Travel
- Organizations
- Shopping
- Social media
- Spa & wellness
- Sport
- Cities
- Position of the week
- The beach
- Language
- For sale
- TEV procedure
- Thailand in general
- Thailand with children
- thai tips
- Thai massage
- Tourism
- Going out
- Currency – Thai Baht
- From the editors
- Real estate law; and
- Traffic and transport
- Visa Short Stay
- Long stay visa
- Visa question
- Flight tickets
- Question of the week
- Weather and climate
Sponsor
Disclaimer translations
Thailandblog uses machine translations in multiple languages. Use of translated information is at your own risk. We are not responsible for errors in translations.
Read our full here disclaimer.
Royalty
© Copyright Thailandblog 2024. All rights reserved. Unless stated otherwise, all rights to information (text, image, sound, video, etc.) that you find on this site rest with Thailandblog.nl and its authors (bloggers).
Whole or partial takeover, placement on other sites, reproduction in any other way and/or commercial use of this information is not permitted, unless express written permission has been granted by Thailandblog.
Linking and referring to the pages on this website is permitted.
Home » Reader question » Reader question: Buying a house and covering myself in the event of a divorce or death
Reader question: Buying a house and covering myself in the event of a divorce or death
Dear readers,
I am married to a Thai woman and we would like to buy a house in the Chiangmai area. I will have to finance the entire amount, +/- € 200.000
I understand that I cannot own the house and land, but can I cover myself a little in the event of a divorce or, for example, the death of my wife (can her family claim)?
Many thanks and best regards,
Paul
Renting is better no risk, you won't be the first to be the hare!
The land never becomes your property
take a user contract you have to go to a lawyer with notary authority
definitely not setting up a business for your home often causes problems
hire a lawyer with demonstrable experience in these matters
and the lawyer must be nearby then he knows the local rules and custom
the costs are not too bad
and find the lawyer themselves and that he is on your side
Dear Paul, why pay so much money for something you can't own? Do you know what the financial consequences of your marriage are? Is there a community of property, as a result of which your wife is already co-owner of all your possessions? Indeed, the best advice is to get proper legal advice, and also from multiple legal advisors. Good luck and luck!
Dear, if you get married in Belgium, even with community of property, the property and capital you owned before the marriage still remain yours. It's just all new acquisitions and purchases after marriage that automatically belong to both.
I am also married to a Thai. After we got married we bought a house and land.
I thought it was, that legally you are entitled to 50% of everything purchased after marriage..
Dear Paul,
My girlfriend also bought a new house in Chiang Mai (San Sai) in December
She was able to get a mortgage of 2.4 million and the house cost 2,69 million.
Everyone already understands, I had to pay the difference. its 3 tons Baht.
I too have asked for all kinds of advice, but nothing is actually certain. The only real certainty you have is that she cannot pay the monthly bank costs herself and is dependent on me.
As long as she depends on you, she will certainly never give up her home by sending you away.
Proposals such as a BV are illegal and the chance of seizure is certainly possible in Thailand (happened many times after the coup)
Lawyer certainty is not there either, if you have to get out, the whole family will come to stay (help) they even sleep in the toilet.
A Dutchman had removed everything from the house during a funeral, including water pipes.
When he left for Germany, a German had ordered a contractor to completely flatten the house.
So NEVER pay the house in full, ALWAYS let her take out a mortgage. Excuses that she will not get a mortgage is not true, at the Government Housing Bank EVERYONE gets a mortgage of up to 2 million Bhat.
just email [email protected]
Everyone gets a mortgage at the government housing bank??
I didn't think so, only if you regularly have income from a say permanent job.
Or collateral.
I recently visited many banks with my stepson, including the GHB.
But if you have no collateral or income, forget it.
Jan Beute.
If you want to invest such a large amount in the purchase of a home, but you doubt whether you are doing the right thing because of the thought of and the possibility of a possible divorce, I would not buy.
But your wife will understandably disagree. The question is whether that is necessary if you are the financing. Look, I have also been married to a Thai woman for many years, we once bought land and a house in Chiang Mai and an apartment in Bangkok for convenience/rental/investment. The money for both purchases was raised by me, but I did so completely compos mentis and with complete confidence. Also knowing that if I unexpectedly die due to illness or accident, my wife will be left uncared for, including the visa piggy bank and other bank assets.
Nevertheless, because of your question: find a good lawyer and record your intentions regarding purchase and payment, and what you want to happen if a divorce hits you and what to do in case of your death, but also that of your wife. For example: the right to be able to continue living for a certain period of time, among other things to see what you have to do. Your residence permit (marriage) will also change, and will have to be converted to, for example, retirement.
Also remember that if you as a home owner are not the owner of the land. If your wife dies, you have one year to sell and relocate the house. If that is not possible, the house will revert to the municipal government. It sells at a much lower price and after deducting costs, the rest is up to you. Provided you can be traced. Also remember that the house is easier to sell if the land is lease-free. You do this by buying a house on land that is also purchased in your wife's name, and not by buying/building a house on leased land. Many people take this lightly, but I don't like it.
Finally, remember that renting is a good option and alternative. Surroundings Chiang Mai are beautiful properties for rent. The more expensive the more secure your rental contract. The advantage is that you keep money in the bank that you can pass on to your wife in a will, which may also make/keep her satisfied.
Dear Hammus,
I read that you advise against building/buying on leased land. I happen to have something similar going on. I have a German acquaintance who has set up a company to sell land and build houses, among other things. He has 8 plots for sale. The company is 49% owned by him and he offers me to lease a piece of land from his company for 30 years and let me build a house on it. I don't think I need a Thai to register the land in my name?
Perhaps there are other readers who have experience with this and know what the pitfalls are.
Dear Paul,
Your info is not quite correct. As a foreigner you cannot buy land. This is only possible if you do this with a Thai national. The Thai then owns 51% of the land.
What is possible / allowed: a lease (rental) contract with your Thai wife for 30 years with an extension of another 30 years. This must be documented through a lawyer.
The house you build on the leased land can be your property. The lease contract prevents family members from being entitled to the land and the house after the death of your wife. At least they can't sell the ground or throw you off it.
What you also have to arrange is where your belongings (land / home) should go when you die.
In the event of a divorce, 51% of the land (value) belongs to your wife and you will have to pay her compensation for this. An admission of guilt from her can compensate for part of your “loss”. Increases in the value of the land will therefore go to your wife for 51% (possibly after deduction of agreed interest payments).
Now that you're married, I don't see any (decisive) reasons to set up a corporation. The corporation would then be jointly owned by you and your wife. 51% her property.
The land and the house could/should be accommodated there. When you divorce, you buy her share of the shares. However, this is not only about the country, but also about the value (increases) of the home. So …..
I hope this gives you some clarity. Siam Legal (Lawyers) in Chiang Mai is an excellent partner to guide you in this. (Phone: +66 53 820619). No, I have no affiliation with this office at all.
Regards and good luck, Glenno
certainly taking a land lease for 30 years can't evict you or sell it
My wife and I have made a will stating that when my wife dies our house and land will become the property of her daughter and an adopted granddaughter. And in it the clause that I may continue to live there as long as I live.
Dear Christiaan, there are no watertight clauses in Thailand, certainly not for farang. If your wife dies earlier, it is all the more difficult for you to base yourself on family law. Which means that if your stepdaughter wants nasty and ugly, and sells land and house, you don't have a leg to stand on.
I advise you to have a usefruct construction mentioned on the back of the chanoot at the land office of your local amphur as soon as possible. Cost: less than ThB 50. Then to the lawyer and revoke the will. Make a new will in which you describe that you will be granted a use fruit after the death of your wife, which means that you will have a right of residence on your property until your death. Finally, after your death, land and house can be donated to daughter etc.
You make yourself completely dependent on the daughter in the current construction. I would not do that. Keep the initiative with you, keep control and say, and only hand out when you really don't need anything anymore. Boss in your own house!
A non-Thai cannot own real estate. In Thailand land is real estate and a house is not real estate. In the past, most houses were made of wood and could be dismantled and rebuilt elsewhere => movable property.
A non-Thai can own land through a Limited Company (Ltd.), lease it, or arrange a usufruct (สิทธิเก็บกิน). A Ltd. has the disadvantage that you own a maximum of 49% of the company and must be able to submit annual accounts. A lease contract can be concluded for a maximum period of 30 years, possibly with an option to extend a maximum of 2 times for another 30 years (90 years in total). Usufruct (สิทธิเก็บกิน) means that you get the lifetime usufruct of the land and, like the lease contract, is registered at the local land office (สำนักงานที่ดิน) at the chanot ( โฉนดที่ดิน).
A non-Thai can own a house, lease it or agree on a usufruct (สิทธิเก็บกิน).
Everything that is purchased during the legal marriage without a prenuptial agreement is joint property. In the absence of a will, the surviving partner is the legal heir. In contrast to the Netherlands, in Thailand you can also disinherit your partner and/or children by will.
If the surviving heir is non-Thai and has not sold the property (land) within one year, it can be auctioned by the government.
In case of (re)sale of land and/or house, the lease contract and usufruct rights remain in force.
Here are some links:
https://www.isaanlawyers.com/property-law/
https://thailawonline.com/en/
https://www.asiapropertyhq.com/buy-property-thailand/
https://help.fazwaz.com/en/collections/1729377-foreign-ownership
PS: I am warmly recommended for comments and additions.
A non-Thai cannot own real estate. In Thailand land is real estate and a house is not real estate. In the past, most houses were made of wood and could be dismantled and rebuilt elsewhere => movable property.
A non-Thai can own land through a Limited Company (Ltd.), lease it, or arrange a usufruct (สิทธิเก็บกิน). A Ltd. has the disadvantage that you own a maximum of 49% of the company and must be able to submit annual accounts. A lease contract can be concluded for a maximum period of 30 years, possibly with an option to extend a maximum of 2 times for another 30 years (90 years in total). Usufruct (สิทธิเก็บกิน) means that you get the lifetime usufruct of the land and, like the lease contract, is registered at the local land office (สำนักงานที่ดิน) at the chanot ( โฉนดที่ดิน).
A non-Thai can own a house, lease it or agree on a usufruct (สิทธิเก็บกิน).
Everything that is purchased during the legal marriage without a prenuptial agreement is joint property. In the absence of a will, the surviving partner is the legal heir. In contrast to the Netherlands, in Thailand you can also disinherit your partner and/or children by will.
If the surviving heir is non-Thai and has not sold the property (land) within one year, it can be auctioned by the government.
In case of (re)sale of land and/or house, the lease contract and usufruct rights remain in force.
Here are two more links worth reading:
https://www.isaanlawyers.com/property-law/
https://thailawonline.com/en/
PS: I am warmly recommended for comments and additions.
Apart from what I read here, but a house costing 200000 Euro, which in Thaibath translates to around 7 million, is a lot of money for a house in Chiangmai. Unless it's a gigantic villa.
Because you are not sure about the situation with your Thai wife, otherwise you would not have asked this question, then I would look for a somewhat cheaper home.
There is plenty of choice in Chiangmai and beyond.
Jan Beute.
With 200000 euros you don't put a house here, but a large villa.
The land never becomes yours, but you can register the house as your own property. Whether that makes sense I leave in the middle. If you marry without a contract, the property is 50/50.
Have been living in Thailand for 23 years and advise you to rent a nice house and watch your money, trust yourself and then you are well off.
What I had understood from a Thai marriage is that your property (including money) before the marriage is not for both of you, so it remains yours. So is that of the woman.
Property acquired in marriage, money is then 50/50 divisible upon divorce.
Your pension is also yours before the marriage, so your wife has no right to claim it.
No idea what happens when you buy a property with YOUR money (after all, present before the marriage as being your money) and also put it in her name.
In her name then means that she has paid and is therefore hers.
Whether she has to show this to the court or not, I don't know and if you prove that you had the money (before the marriage) and it was bought with it, what will the court do?
You can use the usufruct to continue living there after your spouse has died. Otherwise you have a year to sell, after which it will be confiscated for sale and you will be on the street, as TheoB also writes.
For a Thai company to own land, it must be properly dammed by the Thai government. At least I got to read in TVF, which again gets its news from Bk post and Sanook and other sources.
A Thai company should really be active now and not dormant to own land.
Here is a link about a Dane and “his wife” and how he managed to win in a divorce.
He was not married to her! But there was some hassle with the divorce.
https://forum.thaivisa.com/topic/1170250-danish-man-wins-lawsuit-against-thai-wife-for-not-sharing-assets/?tab=comments#comment-15558837