Jump to content

Recommended Posts

2 hours ago, ukrules said:

Can you have both a lease and a usufruct at the same time on the same piece of land ?

 

No.

Share this post


Link to post
Share on other sites
28 minutes ago, Wake Up said:

If you sign a lease when married then upon divorce lease is not good and void. For lease to be valid after a divorce the lease must have been entered into when you are single and not married. Important distinction. If your GF says we will do lease after marriage then that is a bad sign for you. I agree that adults gets to make their own choices and life is risk versus reward. It may work out great for you. 

Indeed, make the lease or better usufruct BEFORE marriage. 

When she says after marriage she just sets a time, i bet she does not even know that it is not the best way for her new husband.

  • Like 1

Share this post


Link to post
Share on other sites
9 hours ago, TEFLKrabi said:


Yep. If you lease the land you get 30 years but usufruct is for life.


Sent from my iPad using Thailand Forum - Thaivisa mobile app

BUT, BUT, BUT  a usufruct dies when the holder dies - as someone else said  "get my drift"        Since you already bought the land, a 30 year lease is the only way to go.  Get it now while you are still friends, before her family can convince her to borrow against it.

  • Like 1

Share this post


Link to post
Share on other sites

Frode, you asked about a lawyer?  That should have been your first step, as you can see from all the advise you are getting.  Get your OWN lawyer, not one your wife knows, to represent YOUR interests.  You are playing an expensive game where you don't know the rules, and its designed to screw dumb foreigners.    Do it right away, before you improve the land.  Good luck.  

  • Like 1
  • Thanks 1

Share this post


Link to post
Share on other sites
5 hours ago, bangkoken said:

Keep something in mind. Any leases signed between you and your girlfriend MUST be filed with The Land Office of jurisdiction at the same time of the property transfer from the former owner to your girlfriend. You cannot add leasing agreements once the transfer has been completed.

doesn't sound right at all.........where did you get this lil tidbit of information??  Not heard of that at all.  A Thai has the right to lase their property whenever they want to, not only when you transfer it from one owner to the other.

 

Share this post


Link to post
Share on other sites

usafruct in my opinion is the way,i had on house and land divorced ex and her being thai told me i had no rights in thailand i sued her in a thai court and won,she had to pay me or the court would auction the property and pay me out.when dealing in house and land i believe thats the safest way.

  • Like 1

Share this post


Link to post
Share on other sites
8 hours ago, bangkoken said:

Keep something in mind. Any leases signed between you and your girlfriend MUST be filed with The Land Office of jurisdiction at the same time of the property transfer from the former owner to your girlfriend. You cannot add leasing agreements once the transfer has been completed.

 

Are you sure about this ?

 

That would mean that any Thai national who owns a piece of land can't lease it out to anybody they want to unless they do so on the day they buy it ?

 

Doesn't make much sense to me. What does agreeing a lease have to do with purchasing land ? How about someone (Thai national) inherits land and wants to lease it out a few years later ?

Share this post


Link to post
Share on other sites

The lease amount should correspond to what you can prove you paid. The Land Office charges a 1% fee of the lease value. Unsfuct is worthless compared to a lease. These are same guys who profess a yellow book is valuable when you can do the same with a passport and blue book. 

Share this post


Link to post
Share on other sites
10 hours ago, Frode said:

My girlfriend owns a rubber tree farm.

 

10 hours ago, Frode said:

We are not building in her village. Her closest relative lives 1,5 hour away and she also have no connection to the place we are going to build.

 

10 hours ago, Frode said:

She already have 3 houses, but none of them located were I want to live.

 

These three statements don't make much sense to me.

If she already has a rubber tree farm and three houses, where did she get the money from to buy them?

All Thai girls have a deep rooted desire to be near their family. Why is this not the case with your girlfriend?

  • Confused 1

Share this post


Link to post
Share on other sites
10 hours ago, Frode said:

Since everybody here (wisely enough) is sceptical to the lease agreement it would be interesting to know how yourself have solved this issues. I presume many of you already live in Thailand.  How have you arranged ownership of your land/house? 

The question here is :  IF someone on this forum were to give you the best advice how would you know ?

What many, many here are trying to EXPLAIN to you is this:   The only thing that matters here is that you are not going to WIN if the situation goes bottoms up.  You can ask why all you want but there are lots of reasons that only living here and knowing first hand or through friends will teach.

Foreigners always go into this BUT THE LAW says  blah blah blah.  Yes, a few that go through the "legal process" when they have a problem have succeeded in not losing everything.  Also some have been killed or made life miserable from their exes/families/friends.

There is a good reason why many say. "don't invest more than you can afford to lose/walk away from.

If you are LUCKY and find a good wife, gf, or whatever then no need to worry who's name things are in .

If you are not lucky you can get involved in fighting for what is yours .  Good luck with that !

FYI  I am not a bitter loser.   I did "invest" a small amount in various relationships,  but never anything that

was a problem for me when I moved on.  The longer i live the LESS  I invest and the MORE I expect from

anyone who is going to live with me....  

 

Share this post


Link to post
Share on other sites
7 hours ago, kalidescopemind said:

Frode, you asked about a lawyer?  That should have been your first step, as you can see from all the advise you are getting.  Get your OWN lawyer, not one your wife knows, to represent YOUR interests.  You are playing an expensive game where you don't know the rules, and its designed to screw dumb foreigners.    Do it right away, before you improve the land.  Good luck.  

and how does one find a lawyer who is not in it "to screw dumb foreigners".   haha

get one from Switzerland ?  

  • Haha 1

Share this post


Link to post
Share on other sites

I have learned to not trust lawyers (yes, even the expensive ones, although there are of course exceptions). They have only their own interest in mind.

And they are not accountable for the advice they give.

Buyer beware * 100 in Thailand.

 

I still remember a reputable lawyer saying 'Well then Thailand is not the right country for you' when i challenged him on land ownership laws, suggesting that i was foolish to not use a simple lease (90 year) or company structure.

 

Just imagine you are on 'Survival', you need to know stuff before you do things. Be patient and learn the ins and outs first.

 

Share this post


Link to post
Share on other sites
4 hours ago, Muhendis said:

 

 

 

These three statements don't make much sense to me.

If she already has a rubber tree farm and three houses, where did she get the money from to buy them?

All Thai girls have a deep rooted desire to be near their family. Why is this not the case with your girlfriend?

She got it from her mother.

Her family live in the muslim south and she is a Buddhist. Besides she havent been living there for many years already. Remember that many thai girls move to the farangs home country wich is far from the family.

  • Thanks 1

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 members

    No registered users viewing this page.

BANGKOK 19 July 2018 03:36
Sponsors
×