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Protecting my right to live in our house should my wife die.

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Just now, CharlieH said:

As I understand it, she has to make a will, the property will go to you and you have 1 year to sell it or do whatever with it.

My recommendation would be to get it from the "horses mouth" and speak with a "Thanai" and get things in place sooner rather than later 😉

That is correct. A WILL naming you as the beneficiary is legal, but as a foreigner you cannot legally own it, therefore at this time the court will give you a reasonable time (one year at this time, unless anyone has any updated info) to sell the property and legally transfer it to the new owner (or family member or child).

 

Another way is to transfer the property into a company while she is still alive. Depending on how the company is structured with preference/non preference shares, you can have control of the company. If that interests you (or anyone else) then I recommend you contact a proper legal firm that can set this up for you.

 

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I'm pretty sure it is illegal for a company to own a house where the sole purpose of the company is to do only that. I'm also pretty certain that it is also illegal for non-Thai's to have control of a Thai company, the share-ownership must be a majority of Thai people. None of which is to say those things can't be done, it's just that they are against the spirit of the law, if not the practice of it also.

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24 minutes ago, CharlieH said:

the property will go to you and you have 1 year to sell it or do whatever

He will inherit the land for 12 months. He gets to live in the house as a matter of course. Either he sells the land or arranges a lease with family members. I'd go for the lease.

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An oft overlooked obstacle for posters on married extns rather that retd extns is that Immigration only allow 7 days after the wife dies before the husband has to leave/change visa unless this has changed recently?

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I have pondered  the  same question as the OP. I am aware of the initial practical purpose of my wife having a Will and the limitation of being required to on sell. What I have never been able to establish is if such a Will is legally able to contain enforceable  conditions or  caveats . such as: If  the Will specifies a Thai as inheritor with the  caveat that that is conditional on the surviving (non Thai citizen) spouse being  provided a full unconditional lease of 30 years or until such  time as that spouse is deceased or officially abandons said lease.

I have also tried to find any information that clarifies whether or not a Thai spouse as  "owner" is  legally entitled to grant a lease to their own spouse. I have also been led to  believe that a property lease dies with the current owner regardless.

The most obvious  downside is that in the event of a Thai spouse's  death that 12 months limitation on time to sell would provide a situation of duress for reasonable  price negotiations.

From both experience and observation when it comes to matters of inheritance there is almost always complications  despite  the "family love" !

It strikes me as strange that now a  divorce settlement involving a non Thai spouse can be a 50/50 legally enforced settlement  whereas in terms of inheritance there is much less parity.

However a lodged Will by the Thai spouse is a fundimental must that most Thai's do not recognize.

 

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Just wonder if you can rent from your wife long term. And have the contract registered at land office.

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6 minutes ago, Chalong circle said:

Just wonder if you can rent from your wife long term. And have the contract registered at land office.

Bit hard to rent from a deceased person.

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