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Death of Thai Wife.


Humpy

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1 hour ago, Humpy said:

If my wife was to die before me , how long can I remain in our house ?

As long as you like if she left it to you.

Just leave the property in her name, nobody forces you to transfer the title out of a dead person's name.

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2 hours ago, Humpy said:

If my wife was to die before me , how long can I remain in our house ?

"our house"...that is quite the misnomer now isn't it.  If it was your house, you wouldn't be asking the question. Perhaps should be how long can you remain in "her" house.

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I do worry sometimes.
My wife is older than me( i wont mention her age- but lets just say we are both knocking on,and anything could be round the corner,who knows!
She says the family will take care of me if need be,but as i understand it, if she pops her clogs first,i can no longer reside in this country.
Am i right ?


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11 minutes ago, KC 71 said:

I do worry sometimes.
My wife is older than me( i wont mention her age- but lets just say we are both knocking on,and anything could be round the corner,who knows!
She says the family will take care of me if need be,but as i understand it, if she pops her clogs first,i can no longer reside in this country.
Am i right ?


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you just need a different visa. and some cash.

 

better look into getting a will.

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9 minutes ago, KC 71 said:

I do worry sometimes.
My wife is older than me( i wont mention her age- but lets just say we are both knocking on,and anything could be round the corner,who knows!
She says the family will take care of me if need be,but as i understand it, if she pops her clogs first,i can no longer reside in this country.
Am i right ?


Sent from my iPad using Thaivisa Connect

Assuming that you have a Marriage extension of stay, in the event of her death the extension remains valid until whatever date shown in your passport for renewal, not the actual date of her death.   Your next extension renewal would then have to be a Retirement one.

 

Re the OP, it reiterates the importance of both husband and wife having wills.   In the event of a wife (and assuming the registered house owner) dying, the husband has a minimum 12 months to sell the house, though this can be extended at the discretion of the Land Department.

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16 minutes ago, pagallim said:

 In the event of a wife (and assuming the registered house owner) dying, the husband has a minimum 12 months to sell the house,

Why does everyone keep posting this nonsense.

There is no legal requirement to transfer the land title out of a dead person's name in Thailand.

You can live in the house forever with it still in your dead wife's name, no time limit on probate.

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1 minute ago, BritManToo said:

Why does everyone keep posting this nonsense.

There is no legal requirement to transfer the land title out of a dead person's name in Thailand.

You can live in the house forever with it still in your dead wife's name.

Nobody is disputing that, however there is the strong possibility that the change of circumstances would make relocating for a myriad of reasons a necessity in the same way that downsizing a home when one gets older is more than usual.

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Assuming that you have a Marriage extension of stay, in the event of her death the extension remains valid until whatever date shown in your passport for renewal, not the actual date of her death.   Your next extension renewal would then have to be a Retirement one.
 
Re the OP, it reiterates the importance of both husband and wife having wills.   In the event of a wife (and assuming the registered house owner) dying, the husband has a minimum 12 months to sell the house, though this can be extended at the discretion of the Land Department.

No,just on non o visa,I’m under 50 yrs old and return to my home country once a yr to renew my multiple entry .To be fair i don’t think i would want to stay without her anyway,As for wills, i don’t have one.I am happy to leave everything to them. We share,family together[emoji106]whats mine is theirs and always will be.
My wife isn’t strictly Thai,her people can not lie or deceive
It is against their tribal rules and culture(Lua)
When i go, i want my ashes scattered in the Mekong( simple as)
No repatriation stuff.My wife has the say in that( no will needed)
But if she goes first ,does that make my Daughter in charge ?
I hope so.Maybe someone can clarify this for me.
As for selling the house,it aint gonna happen.This is to be handed down to the family.Strictly speaking land in Mae Fah Luang is Royal and you should not sell it anyway.
Any advice ( albeit positive ,would be welcomed)
Forgive me if i went on a-bit
Cheers


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In simple terms you have a year to transfer ownership. Either through sale or by transferring the ownership to your children (assuming they have Thai nationality) - which is what I intend to do if it happens. In theory you could set up a company, transfer it to that, and pay your company rent and carry on that way, but if you have children, and you get along with them, they're probably the simpler option. Assuming the property is paid off, and you've got the cash to pay for the transfer fees, you could get a usufruct added so that you have the right to stay there until you die, but as you say, without my wife, I don't know if I'd necessarily be living in Thailand then. (My kids are dual nationals and are all currently based in the UK).

 

Somebody said you can extend with the permission of the Land Department. I have no idea if that's true or not. Somebody else said you could carry on regardless, but I'd personally trust that about as much as the people saying you don't need to sort out your visa and can just overstay...

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If you can prove that you paid for the house, you can probably stay there until you pop your clogs. I know of one case where the family descended on a guy in your situation, demanding that he leave. He went to court and the ruling was that he could stay as long as he wanted !

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2 hours ago, Jeffrey346 said:

You can have a Lawyer do a document that allows you to live in the house till the day you die. 

If you are asking this question, probably worth doing.

But if foreigner cannot own land in Thailand - can the landowner tell you to move house or leave?

 

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On 6/9/2019 at 10:15 AM, NCC1701A said:

you just need a different visa. and some cash.

 

better look into getting a will.

Some very silly responses here to an intelligent question.  Presumably the title deeds for the land is in her name and you lease the land from her but you own the house?  if this is the case you should see a lawyer and draw up an agreement which will transfer the land deeds to her next of kin together with legal protection that the family cannot evict you at any time as long as you honour the conditions of the lease.  It will also prevent the land owner from selling the house.  If the house and the land is in her name you will have a problem unless you can get her to agree to drawing up a Will which transfers the house deeds to you upon her death. You will however still have the legal issue of the land deeds and your rights.  Would be well worth seeing a good lawyer to get the best advice.

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3 minutes ago, Bryacar said:

Some very silly responses here to an intelligent question.  Presumably the title deeds for the land is in her name and you lease the land from her but you own the house?  if this is the case you should see a lawyer and draw up an agreement which will transfer the land deeds to her next of kin together with legal protection that the family cannot evict you at any time as long as you honour the conditions of the lease.  It will also prevent the land owner from selling the house.  If the house and the land is in her name you will have a problem unless you can get her to agree to drawing up a Will which transfers the house deeds to you upon her death. You will however still have the legal issue of the land deeds and your rights.  Would be well worth seeing a good lawyer to get the best advice.

Since a foriegner cannot own land or a home below the 3rd floor, none of these solutions seem to work. Hopefully you have a good enough relationship with her family that they will allow you to stay in the home you bought and paid for in her name.

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