House is on her land

Legal issues related to buying land, houses, condos in the LOS. Anything about contracts. Finance related, such as getting a mortgage, buying property from the bank, etc.

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House is on her land

Postby Theburl » Fri Feb 03, 2012 5:30 pm

Hi everybody.My name is Luke and i will be building a house on a piece of land that belong to my girlfriend. All i want if things turn ugly ,is half the house. We are planning to have kidS together, and i will need to get some paperwork done . As we speak ,i know very little of the rules in Thailand. How to legally put in writing is probably a lawyer. Is my guest right ? I wait for your replys, TKS, bye for now :D
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Re: House is on her land

Postby payebacs » Fri Feb 03, 2012 6:47 pm

My idea is to rent the piece of land from one's girlfriend, just the piece of land that the house is going to be on and a little bit around it, with a clause that what you build on it is yours and not the land's. So if things turn unpleasant you'll not be able to get thrown out and the house is most definitely a possession of yours. Plus, and I've told my girlfriend this, what happens if she suddenly keels over and dies, her daughter will inherit that land and think great, there's a house on it now too and I've no longer any business there. Plus I would hate to during small petty arguements about what flowers ones going to plant outside feel that I've to please and thank you because it's not actually my land.
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Re: House is on her land

Postby Roger Ramjet » Fri Feb 03, 2012 9:32 pm

Theburi,
The law states you cannot own land in Thailand..and I won't go into all the exceptions...BOI Act etc.
Go to a solicitor and sign a lease agreement with your girlfriend. It doesn't cost much as far I recall.
It's the same as a Thai renting land and putting a structure on it, when the lease expires the land cannot be sold unless the land owner pays for the structure that was agreed to by both parties. Simple. But see a lawyer and get it done as per the law...which protects both of you.
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Re: House is on her land

Postby Maseratimartin » Sat Feb 04, 2012 8:08 am

Just some info what I did...or do:

My thai wife and I have already a daughter and I put all the land and what is on it on my daughters name!
This is possible but sometimes even the staff in the distric office don't know it...or don't want to know it!
I got this confirmed from a well know lawyer in BKK free of charge...

This way I avoid any issues ....should one day something happen to my wife :wink:
We all know the friendly families in LOS :twisted:
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Re: House is on her land

Postby sunliner » Sat Feb 04, 2012 8:16 am

hi m/martin,

quick reply as i was online

what happens if your daughter,passes away first??
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Re: House is on her land

Postby geordie » Sat Feb 04, 2012 2:29 pm

sunliner wrote:hi m/martin,

quick reply as i was online

what happens if your daughter,passes away first??


martin add to sunliners point

horrible thought but possible added complication in a divorce who has the child ?? usually the wife Being truthful the power that thai parents seem to weild over there children and the loyalty of the children ?? i will be opting for a lease :roll:
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Re: House is on her land

Postby payebacs » Sun Feb 05, 2012 6:00 am

My girlfriend was quite surprised when I said I'd be wanting to rent a piece of her land before building on it, in fact she kept saying no, I don't have to do that, it's pointless because the land's already there, and in a way I can see her point because as she's not going to be contributing much to our build in terms of finances it's I'm sure at least for her very reassuring to feel that she's at least contributing the land.. and where would the build be without land so you know, I do take that on board and it's a very kind and honest gesture to be offered land on which to build and I'd not have it any other way unless... I'm unable to rent it. I've stuck to my guns with this because when I've retired I think I owe it to myself to have a piece of paper that says, this is your rightful home protected by law, the police, whatever.. I don't should the need arise ever want to have to start explaining to someone that well, I live here because it's my wife's land and blah di blah. No. My wife can have her land and I'll have my land albeit the very same land that we share.. I think it's a very fair compromise. She still owns the land and I've legal rights to it too because I'm renting it. Why should one so strongly overpower the other. I've had to in fact go as far as saying that if this is going to be a problem then I'll simply rent land next door and build on that instead. And do you know what, that might not be an altogether bad idea.
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Re: House is on her land

Postby geordie » Sun Feb 05, 2012 6:17 am

Stick to your guns on that one its a certainty i will get hassle from my wife of 11 years when i explain that i am taking out a lease but i have worked a lot of years to lose it on one bet given i am not a gambler :lol: :lol: a lease will be in my name before so much as a foundation hole is dug i have invested a lot of time money and effort towards making sure her family were comfortable but given that i had to pay salary to her brothers to help build a house for their mother a cut off was reached there and then """ the gravy tran derailed """ then our car was sold without me being told ??? and the twelve rai WE supposedly own was loaned to her sister to grow tree,s ?? so basically how long i will remain maried is somewhat debateable unless a serious attitude change ocurs
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Re: House is on her land

Postby Shastadad » Sun Feb 05, 2012 8:40 am

Some reality posters

First of all any contract entered into between spouses in Thailand is null and void in the event of a divorce, since the Thai community property laws trump any 30 year lease or Usufruct. So if you are going to enter into such an agreement you had better do it before you legally get married because after you will only "own" 50% of anything

Secondly, even with a lease or usufruct, from anyone do you really want to live on a plot of ground surrounded by hostiles? which is exactly what your neighbors and possible her relatives will be if the "relationship" turns to sh.....

And for those who think that the police will help you enforce your rights, think again, you are a stranger in a strange land to paraphrase Robert Heinlein
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Re: House is on her land

Postby payebacs » Sun Feb 05, 2012 10:26 pm

True. I think a long term lease will be the last thing I'll be wanting then so I'll just need to fall in love with somewhere a good half hour's drive away and promise to visit as much as possible forever thereafter and I don't think this is a new occurance nor unique to thailand, I think the majority of people all around the world discuss the distance they'll be living from their inlaws and I think a half hours drive away is very close even if you don't have a car. So much so that maybe it's too close. I really can't decide. I'm hoping just next door or down the road will be fine.
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