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stapoz

Buy a house when married = no control over it?

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Nothing here is 100% safe. We have one OP here whose wife is seeking a divorce after 30 years.

 

I built my (our) (their) house and farm for my wife and son. If everything goes "pair shaped" they have a really nice place to live. 

 

With a couple of decades to go to retirement I am reestablishing myself at home. Recent events with the biggest shake up of retirement hoops in 2/3 decades has made me realize that this is a must even though I hate the "PC Nanny state "  I come from.

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On 2/16/2019 at 5:28 PM, Peterw42 said:

Married or not doesn't make much difference as to having control over land. You cant own land. The best you can do is own less than half of a non-trading company that owns the land. There are some limited controls over ongoing access to the land and stopping the 51% Thai owner from selling/mortgaging the company or land.

Unless you want to buy a Condo, you cannot own a house, much less have 100% control over it.

Buy one and don't tell her or anyone about it

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On 2/16/2019 at 4:35 PM, KiChakayan said:

I am married, and I have spent about half of my saving on buildings a nice house for my family. I did so because we have two daughters, and there is no way I would leave them without a proper home if/when I departed, for whatever reason.

Now building a house for a girl friend or wife, without a solid, established relationship is just asking for trouble. Take your time, make sure it can last, and start building only after you get officially married. As far as I understand half of the house, or whatever you buy while married, will be considered as yours. Even though you can't own the land the house has been built on.

There is also the issue of where you want to built a house, most girls will try to coerce you to build nearby their parents homes, make sure that that's what you want before you give in. Again, take your time.

I hope your happiness  continues,  even though  I only wanted one third in the divorce agreement it didn't stop my ex immediately  selling it and me getting nothing...btw,  we have three kids and she didn't give two hoots about them or their future.... For the OP... Apart from a foreign  name Condo you can't control "your" property"... Leases,  usufructs,  companies is all reliant on Thais.  As stated, just rent or buy a condo. 

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59 minutes ago, biggles45 said:

Always bear in mind that no matter what structure you use to purchase a house, legal or otherwise, if your wife or her family want you out they will get you out. Threats, intimidation, violence all done with no redress from the police or courts. Seen it several times

This is so true... who wants to stay in a house in the boonies near the outlaws,  or even if it's not in their home village,  nothing  to stop them moving the whole tribe  in

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On 2/16/2019 at 9:42 PM, Delight said:

 The simple solution is to buy a house via company.

If this company is set up correctly ,then you will have 100% of the voting rights and 100% control. Even if you gave your wife say 25%  of the shares-that act of apparent generosity changes nothing.

There are 2 issues to consider

1) If you at some future date you  sell the house-will your wife vacate the property willingly.

2) In the event of a divorce you will need an audit trail of the monies used to buy the property. If you can satisfy a judge that the money was yours prior to the marriage -then you will keep that amount of money post divorce. A good lawyer is required.

  Selling your property is simple-assuming that you have a buyer.

 Most important that the proceeeds for the sale are deposited outside Thailand -unless you are happy to keep them in Thailand.

 

  Some say buying thru a  company is dangerous. You are on your own with that one.

 

 

 

The company is illegal just holding the property unless.... the company has income and paying taxes. The judges in Thailand are not as stupid. They will know why you set up the company. Your lawyer will be happy to fight for you means fill his pockets

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The OP is in a difficult situation. After renting for 4 years I have just given my wife a house and land that came totally from my funds even though I had to lie at the Land Office that it was all her money and not mine.

I, and she, are much happier in a home that she (we) owns. Renting long term sucks if you want to do work on the property and improve it. If the OP wants to buy an existing house it will need to be improved if built to normal Thai standards.

So I am here with no protection of usefruct or superfies (sorry about the spelling as the US dictionary has not caught up with Thai terms) which could be done if I asked. But I am totally 100% trusting of my wife until something goes wrong.

To the Op, as many have said before, do not spend anything that you are not prepared to walk away from. One other point for the Op, the purchase of the property really went to her ego and she always referred to it as HER house when speaking to anyone that would listen. I keep reminding her that it is OUR house.

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9 minutes ago, giddyup said:

Expensive shoe boxes.

Correct,

 

and the people living there are calling a house a shack.

 

Everything is relative.

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On ‎2‎/‎16‎/‎2019 at 10:24 AM, stapoz said:

Renting is not an option. I want have MY home.

See the many posts, not only ion Thai Visa; a foreigner can NOT own a piece of land, so you have a house on the land of somebody else… tilll he/she does not allow you to enter it.

 

You do not like it ? So, go to another country with different laws.

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On 2/16/2019 at 4:28 PM, Peterw42 said:

Married or not doesn't make much difference as to having control over land. You cant own land. The best you can do is own less than half of a non-trading company that owns the land. There are some limited controls over ongoing access to the land and stopping the 51% Thai owner from selling/mortgaging the company or land.

Unless you want to buy a Condo, you cannot own a house, much less have 100% control over it.

This is not correct.  I have a 30/60 year lease for two rai, on which I constructed a house five years ago.  Under right of superficies, included in my land lease, I own the house free of anyone else's interference, and I can transfer (or sell) the lease and house to anyone I please.

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O P why would you want to buy something you did not own ?

Little head thinking, not the big one hey ?

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1 hour ago, puipuitom said:

See the many posts, not only ion Thai Visa; a foreigner can NOT own a piece of land, so you have a house on the land of somebody else… tilll he/she does not allow you to enter it.

 

You do not like it ? So, go to another country with different laws.

Many people lived in their homes on Crown leases in Australia. It all depends on the conditions of the lease.

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Who do you think you are dude?Renting is not an option.Your not a thai citizen.

To the thai government you are nothing.You don't have no power.You need to roll with the punches or find another country.Simple as that.

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