land ownership as of today

[lindegaard]

First of, was married Thai for 11 - 12 years, now divorced, but still on speaking turn, been divorced for 12 years.

I was, with my daughter looking at some farmland up north, and talked the ex about it, and she replied: why don't you buy it and built a retirement home there?

I said, good idea, but did you forget that falangs can't own anything? and she said that as of recently that actually got changed and that foreigners actually can own land??

Can anyone give me info on this, as I do not find any news on the subject...

best regards

[iammike]

AFAIK, it's still the case that foreigners can't own land.

What you can do is get a USUFRUCT, which provides temporary (xx years+) ownership rights for use and enjoyment of the property along with an advantage of being able to reap the profits from property belonging to another as long as the property is not damaged or altered in any way.

But I think Starman, CoCo and Prakhonchai Nick can tell you more about this.

[CO-CO]

I have seen nothing that has changed.


I cannot envisage that Thailand would ever allow Farangs to own land.

[mudcat]

Interesting questions are whether a usufruct contract between divorced spouses is voidable as if they were still married and what form does a divorce need to be in to avoid any 'community property' claim.  Additionally I do know at what age a child can hold land in their name and be a party to an enforceable usufruct contract. 

[lindegaard]

 

Interesting questions are whether a usufruct contract between divorced spouses is voidable as if they were still married and what form does a divorce need to be in to avoid any 'community property' claim.  Additionally I do know at what age a child can hold land in their name and be a party to an enforceable usufruct contract.

At what age is that "" ?

Daughter is citizen and soon to be 22.  I could offcourse just let it be in her name, she is the sole heir anyways.

I will ask the ex again today where she heard this nonsence   she seemed so convinced about it , and said it had just happened as of this month.. 

[mudcat]

Typo, I meant I do not know ..., but I am sure 22 is well beyond any issue

[Tassie]

The name on the Chanote title owns the property.
Regards

[Prakhonchai Nick]

I too have heard nothing about farangs being able to own property, and as CO-CO says it is most unlikely to ever happen.

Best solution here is have the chanote in the daughters name. 20 is the minimum age, so no problem there.  May be wise to have a usufruct also, as if the daughter marries and has kids, then dies,  Lindegaard could lose everything. A Will also perhaps for the daughter, leaving the property to Dad

[Tassie]

The property cannot be left to Dad as he is not Thai. In my case the wife owns the property as per the Chanote but if she dies before me I cannot be kicked off the property until I die.  In fact, I cannot be kicked off the property whilst she lives. We sorted this out with Korat Legal in Korat.  My wife made a will and the beneficiary cannot kick me off the property whilst I live.  Contact Korat Legal (Mam) speaks perfect English and see what your options are.
Korat-Legal, located in Nakhon Ratchasima, Thailand, provides comprehensive legal and business services to both local and expatriate clients. Our areas of expertise include family law, real estate law, corporate law, contract, business licenses and permits, visas and notarial services.

Korat Legal Thai-English document translation service, consular diplomatic certificate, business registration visa and license Family registration, contract work, legal work and more.
Mobile: 086-869-1676
Line ID: korat_legal
Skype Name: mam_patcharin
Email: Send Email to Korat-Legal
Click Here for Korat Legal's email address
Monday through Friday from 9:00 AM to 5:00 PM
Location address: Unit No. 98/1, Yamo Condominium 1st Floor, Soi Sao Thong, Mueang, Nakhon Ratchasima 30000, Thailand.
Regards

[Starman]

The property cannot be left to Dad as he is not Thai. In my case the wife owns the property as per the Chanote but if she dies before me I cannot be kicked off the property until I die.  In fact, I cannot be kicked off the property whilst she lives. We sorted this out with Korat Legal in Korat.  My wife made a will and the beneficiary cannot kick me off the property whilst I live.  Contact Korat Legal (Mam) speaks perfect English and see what your options are.
Korat-Legal, located in Nakhon Ratchasima, Thailand, provides comprehensive legal and business services to both local and expatriate clients. Our areas of expertise include family law, real estate law, corporate law, contract, business licenses and permits, visas and notarial services.

Korat Legal Thai-English document translation service, consular diplomatic certificate, business registration visa and license Family registration, contract work, legal work and more.
Mobile: 086-869-1676
Line ID: korat_legal
Skype Name: mam_patcharin
Email: Send Email to Korat-Legal
Click Here for Korat Legal's email address
Monday through Friday from 9:00 AM to 5:00 PM
Location address: Unit No. 98/1, Yamo Condominium 1st Floor, Soi Sao Thong, Mueang, Nakhon Ratchasima 30000, Thailand.
Regards

It is my understanding that the property can be left to a non Thai. In the absence of any other legal agreement regarding residence, the non Thai then has 1 year to sell the property.

[GEOFFREY]

HI ALL
Is their any reason a charge cannot be put on the title deeds by a ferang same as in uk or what banks do for a loan
And then  a will made to remove the charge so the property can be sold on the ferang death
and the amount that the charge related to payed to any one he selects and the rest going to his spouse

[lindegaard]

thank you all for your very good inputs, i did not think about the fact that my daughter could pass before me, so as long as she do not have any heirs one should make other arrangements, I see.

@ Tassie: thanx for sharing info on "Korat Legal".

Usufruct is??

[Mutt Daeng]

Here is an article regarding Thai wife wills from Pattaya Today about 7-8 years ago. Sorry about the poor image quality.