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Home » Reader question » Reader question: When my wife dies, do I have to sell my house in Thailand?
Dear readers,
I have been married for a while in the Netherlands with my Thai wife. We are now thinking about moving permanently to Thailand in a few years. We already have a house and some land.
Suppose we live there and my wife dies. Do I have to sell the house because it cannot be in my name and my residence status will change?
With kind regards,
Benny
Benny,
1. The house can be in your name, but not the land. Does your wife own the land?
2. Are you a legal heir? Only then can the land with the house on it (provided a maximum of 1 rai) be registered in your name for a maximum of ONE year. Then you have to sell.
3. Does your wife have children in whose name the land can be transferred under her will? If 'yes' then set up a usufruct when occupying the house. The land goes to her child(ren) and you keep the right of use until your death. Both make a will. Consult a lawyer in Thailand for this.
4. Your residence status expires, you can no longer get an extension based on marriage, so if you are 50 or +, you will have to go for a retirement extension.
Two recent court rulings: Oct. 13, 2014 and Nov. 14, 2014.
A house can never come in the name of a non-Thai, not even
with the so-called “tolerance constructions” of a company, etc
Find a good, reliable lawyer for advice
problems with e.g. family.
Sincerely,
Lodewijk
It is wrong that you cannot buy a house in your name. That's fine. You cannot buy the land in your name alone. Any good lawyer will be able to explain that to you.
Making a will is also not a solution. As described above, you will then have to sell the land and house after a year. Type in google the word “usefruct thailand” and you will find the explanation about the “usufruct”. For example, when your Thai wife dies, her children become heirs, but the farrang partner has the usufruct for as long as he lives. He can continue to live there, can rent out the house, but must take care of it with due care (carry out necessary repairs, etc.)
The most important thing is that you make a will (in Thailand) that indeed, in the event of her death, for example, the land in the name of, for example, her daughter will be placed in the chanot.
Or, for example, when you die, you leave everything to your current wife or, if she is no longer alive, to her daughter, for example.
In addition, if you are legally married under Thai law, you can also have your name added to the chanot, allowing you to live in the house until your death.
So have all this arranged by a recognized Thai lawyer so that you do not have to sell your house in 1 year and you run the risk, if that does not work, that the government will sell your house at a very low price….
Interesting, I didn't know this
“If you are legally married under Thai law, you can also have your name put in the chanoot, which allows you to live in the house until your death”
Where can I read this.
I wouldn't know where that is, so you'll have to check with the land office.
Our chanots also clearly state my name in Thai.
So my Thai wife and our lawyer arranged that at the land office in the past… with the accompanying red stamps as they are put on a chanot…
And what if there are no children??
I have land in my wife's name.
Leased that land from her (3 x 30 years)
My wife has made a will,
when she comes over I have 1 year to sell the land to a Thai!
yes, you also have to sell it to a Thai, so that such a low price is mutually negotiated, that it really does not make you happy ... and that is the problem.
What is a Chanot?
This is a land ownership certificate issued by the Thailand Land Department. A land tenure title deed containing the name of the owner, the location of the land, an area map with the boundaries on all four sides and an index of registration on the back, without this certificate you can be an expat on the relevant land, e.g. your Thai wife or any other person of Thai nationality cannot enter into a lease contract.
My wife's name is on the Chanot as the owner
but also my name !!! because I lease it from her.
This is done at the land office.