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

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Just now, thainet said:

Bit hard to rent from a deceased person.

He can rent from the family. It all depends on what his wife's will says. She can will the property to the family, with the stipulation he can stay there until he dies or leaves.

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6 minutes ago, Lacessit said:

He can rent from the family. It all depends on what his wife's will says. She can will the property to the family, with the stipulation he can stay there until he dies or leaves.

 

 

Whilst that is true, I would still feel vulnerable with the family having control.

 

Far better, IMO, is the usufruct. The rights continue after the death of the donor and achieve the 'lifetime use' objective.

 

I also arranged the usufruct route with Isaan Lawyers. My missus wants her nephew to benefit on her death but has not made a Will yet; like many Thais she does not understand the rules of intestacy.

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Posted (edited)

I think the best way, is as BritmanToo says, just don't do probate.. Have her write up a will, naming you as executor and then do nothing... Visa depending, you can stay as long as you are able to fend off the vultures 😊

If my wife dies before me, I won't be hanging around anyway... The family can have everything...

Edited by cornishcarlos
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25 minutes ago, BritManToo said:

As a married couple, with the property being purchased by mortgage during the marriage it's already 50% yours.

With no will you would automatically inherit 1/2 of her share on death.

 

So you'd be 75% owner by doing nothing.

Thailand has no time limit on probate, if you're executor, just do nothing and leave the house in her name.

I'm confused, because how can the OP be an executor if there is no will?

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Just one more thing that may be of use and that is my wife and I socialized her will with her family, we told them in advance what was going to happen in the event my wife passed away before me. We did that so there would be no surprises later, the SIL is designated Executrix.

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From what i understand, she is alive, and recovering from ilness which is very good news. I just do not know if you can rent from your spouse. From the family, no problem.

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3 hours ago, thainet said:

But the way a company is set up using the preference/non preference share way is not illegal.

It is if the sole reason for setting up the company is simply to own land.  Yes, I know that a lot of foreigners think they own their property that way but if sh8t hits the fan, they could forfeit the property.

 

The Thai land law not only prevents a foreigner from owning land, it specifically states that methods of deliberate circumvention on that law are illegal.

 

To own property, the company should a). Actually be trading and b). Have a reason to own land.

 

Now, I'm not going to make a direct suggestion but I can't see much wrong with a property investment company owning land that they then rented out with a proper lease agreement. I also know of no law that prevents a director of a company leasing a house from that company.........see where I'm going?  But, see a lawyer.

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8 minutes ago, sanuk711 said:

I don't think this is correct Vicornoir----although I have no doubt that is what the land office told you. You just can not make legal agreements with your wife under Thai law.--- well you can make them,   but she can brake them--while your married or within a year of the divorce. Under Thai law  (section section 1469  & section 1466). )

 

Agreements between husband and wife in Thailand

Under Thai marriage laws any agreement between husband and wife entered into during the marriage can be voided by either of them at any time during the marriage or within one year from the final divorce. For this reason only a prenuptial agreement between husband and wife is under Thai law a valid contract if made pre-marriage and registered in the marriage register at the time of marriage, but it is a void contract if made post-nuptial  

 

 

 

 

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The topic is being derailed by continued "userfruct" discussion which is off topic to the OP as a mortgage is in place and so they have been removed.

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5 hours ago, 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 😉

Agree get a will in place for both of you. Not hard or expensive, you are right good be nice family now but a few baht can turn people into vultures. Note I not being critical of Thais either it's the same world over.

 

Good luck.

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4 hours ago, evadgib said:

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?

compassion  knows  no  bounds

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If you are working here and have got three years of work permits and tax returns, then apply for Thai citizenship based on marriage to a Thai citizen.

 

Then you can do what you want.

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Posted (edited)

She should make her last will, done with a lawyer, considering all essential points.

 

 Having a witness, a friend of yours, is also useful. But please make sure that nobody has taken any credit on the house. 

 

I'm not saying that your wife did, but it happened before.

 

 One poster mentioned to give you the right to live in "your house" for one year? 

 

No, you should have the right to live there until the end of your days. In the end, it's your house, paid from your money. 

 

And don't forget a good life insurance for her. Or more than one. 

 

I don't see a problem unless your wife is gambling when you're busy deleting posts......

 

 I hope that you and your wife are as healthy as anybody can be, and you'll both live another 50/100 years.

 

     

Edited by Isaanbiker
Coughing a lot. Checking fever. Hicks.

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I have 3 land deeds 1 in Surin and 2 in the village were our house is, my wife has no Thai children from a previous marriage to an American, 2 sons born in america or it would go to the children.

 

I have a policy at the government office for 200,000 baht think it is in case she died ahead of me in my name. 

 

I had such problems with my wife family over the years Since 2002, when I went to do a 30 year lease with the Judge in Prasat he instead put me on the back of the Deed to the land and gave a yellow book on the property with the house on it, the other property which I bought last year is right behind the house which I just filled in with dirt, fenced off and planted all fruit trees on about 2 Rai. 

 

I don't know if I would even have to give or sell the land and house with my name on the back of the deed? I will worry about that when and if the time comes or if she died before me.

 

I have to much invested in the house and lands in the village to sell it and who would buy it or have the money to buy it anyway 9 - 10 Million Baht? except the Surin land which is located in an area of all apartment buildings that I have 2.2 million baht invested in all paid with cash, so I don't owe anything on any of the properties or house.

 

My wife is 5 years older then me so I will give it all to someone I trust and that is not many if any and do a 30 year lease at the very same time of transfer, it would also have to be someone I would want the properties and house to go to when I died, that is the most important thing to me, I will hold on to the land deeds so they don't borrow on them also.

 

Money and Thais is a very dangerous combination.

 

My buddy did a 30 year lease with his girlfriend who died in an accident a few years ago, he paid cash for the house and cash for a car, the daughter won't give him the car and doesn't want him in the house, so what would someone do then? 

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