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Home » Reader question » Reader question: Long live lease upon divorce
Reader question: Long live lease upon divorce
Dear readers,
I bought land in my wife's name about 10 years ago (there's no other way). I built a house on it. After many years together, my wife decides to move abroad and start a business together with her friend. I continued to live in our house in Thailand.
After 7 months she decides that she wants her freedom back and asks for a divorce. Since the relationship has not become anything in the meantime, I agree.
We each own 50% of the house. I demand a long live lease on her 50%, so until my death. To which she agrees after much discussion.
Can we get a divorce before the town hall with a deed of my claim? And is that valid?
Regards,
Louvada (BE)
Dear Louvada As far as I know it is no longer possible to lease the land. Land office no longer registers the lease. This has been abolished by the current government.
https://www.siam-legal.com/realestate/Leases.php Here I read something completely different. Land leases of 60 and even 90 years were (are) offered by real estate agents, which was stated in the purchase deed. Since this is an illegal action, these purchase agreements were dissolved by the court. Due to the dissolution, there was no longer a 30-year lease.
I am not divorced, but had this done a good year ago at the land office, it cost me some money for a lawyer and the land office, but long live lease is now registered and stated on my deed.
At the municipality you have to fill in 3 questions in the event of a divorce, 1 of which is whether something should be divided between them, it is best to let her answer NO to that.
There is no such thing as a long live lease. You can we; obtained a Usufruct for a maximum of 30 years, which can be extended again for another 30 years after the expiry date.
More information here
https://www.samuiforsale.com/family-law/thai-marriage-and-contracts-between-husband-and-wife.html
Error Henry,
I arranged a usufruct at the land office a good month ago. The officer's question: 30 years or life?
I chose life.
Usufruct is the same and you can indeed have this registered at the land office. 30 years or life. Costs 70 baht
It would of course have been better if you concluded that lease contract when you had that house registered at the land office. Officially, this is no longer done, but good lawyers do get it arranged. I don't know a lease contract for 50% of a house. How does that work in practice? You can live there in the 1/2 of the house and the other 1/2 can your ex rent out to strangers? If the house was fully paid for with your money, you could also own 100% of the house (not the land on which it stands). If you can still prove that the house was paid for in full with your money at the time (transfers of money from abroad from an account in your name to a Thai account in your name and/or cash money declared at the airports) you can also find a good lawyer. A judge may be able to rule in your favor. In any case, everything must be recorded at the land office.