building house help required

[Harveyboy]

hello anyone have any ideas about this subject ..ok so im building or sorry  im having a house built.. i asked if it could be put in my sons name as to leave him something for later in life ..but was told by the builder no must be 20 yrs old so he suggested he could put on the deeds that i have a legal say in the property i e  my wife could not do anything with the deeds without my permission sale ect now ive been told about a userfruct i think that's how its spelt..is it correct this gives me the right to live in the property even if ...god forbid anything ever happened in our relationship..just being cautious ... could this be put into the contract the same time the building company include the other details about my rights to the house   any help appreciated thanks 

[Crossy]

You should be able to get the land registered in your son's name, talk to the land registry rather than the builder. Also get the building permit in his name (not sure if that's possible for a minor, again check with the local amphur / land office).

 

Very important note - any contract between husband and wife can be unilaterally cancelled be either party, so a lease or usufruct offers no protection in the event of a relationship breakup unless it was formed before marriage.

[motdaeng]

2 hours ago, Crossy said:

... usufruct offers no protection in the event of a relationship breakup ...

are you sure about that? do you have maybe a link for the law?

thank's a lot ...

[northsouthdevide]

If its correct what crossy says about the contract between husband and wife, an option would be for a relative to visit on holiday from your home country, and your wife to lease the property to him/her for 30 years, giving time for your son to mature. 

[BritManToo]

Builder talking BS.

Put it in your son's name, with you as manager.

I would also find a new builder as the current one appears too stupid to trust with building your house.

Edited May 12, 2020 by BritManToo

[Old Croc]

4 hours ago, motdaeng said:

6 hours ago, Crossy said:

... usufruct offers no protection in the event of a relationship breakup ...

are you sure about that? do you have maybe a link for the law?

thank's a lot ...

Failing to quote the whole para can change the meaning of the post and cause confusion. 

[sometimewoodworker]

On 5/12/2020 at 4:12 PM, Crossy said:

Very important note - any contract between husband and wife can be unilaterally cancelled be either party, so a lease or usufruct offers no protection in the event of a relationship breakup unless it was formed before marriage.

There seems to be a bit of a difference of opinion on the ability of the land owner (Thai wife) to cancel the usufruct, even on divorce.

 

There are certainly law firms who think that only the usufructee can cancel. 
 

Though the legal right has little to do with staying in the property if the locals are opposed.

[khunPer]

On 5/12/2020 at 10:55 AM, Harveyboy said:

...i asked if it could be put in my sons name as to leave him something for later in life ..but was told by the builder no must be 20 yrs...

I minor can own land, so there should be no problem with that. Talk to a lawyer, not a building constructor.

 

You – presume you are a foreigner – can legally own the house. You need a superficies agreement; have architect drawings printed with our name as owner; apply for building permission in your name (keep it, it's your proof of ownership); and make contract with building constructor in your name, and all payment transfers from your account. Keep all documents as proof of ownership.

 

Not all land offices will issue a usufruct to a foreigner; usufruct means that the holder of a usufruct, known as a usufructuary, has the right to use (usus) the property and enjoy its fruits (fructus). If you can make a usufruct, you should not make it with a spouse, but having it registered before any land is transferred to a spouse, as a contract between husband and wife in some cases can be declared void.

Quote

A right of usufruct is often used to protect a foreign spouse's interest in a property in Thailand that is registered as a personal property in a Thai spouse's name. The right of usufruct is based on an agreement and as an agreement between husband and wife entered into during marriage it may not offer a full protection in case of a divorce (section 1469 Civil and Commercial Code), but in case of a marriage it is the only suitable right under Thai law that offers protection - read more...

 

[SAFETY FIRST]

On 5/12/2020 at 3:55 PM, Harveyboy said:

no must be 20 yrs old

No, they can own land at any age, but I read they can only sell (with ease) at the age of 20.

[Harveyboy]

On 5/12/2020 at 4:12 PM, Crossy said:

You should be able to get the land registered in your son's name, talk to the land registry rather than the builder. Also get the building permit in his name (not sure if that's possible for a minor, again check with the local amphur / land office).

 

Very important note - any contract between husband and wife can be unilaterally cancelled be either party, so a lease or usufruct offers no protection in the event of a relationship breakup unless it was formed before marriage.

thanks the house should be finished in a month ill go to land office ill let you know the outcome  

[Harveyboy]

On 5/14/2020 at 12:04 AM, khunPer said:

I minor can own land, so there should be no problem with that. Talk to a lawyer, not a building constructor.

 

You – presume you are a foreigner – can legally own the house. You need a superficies agreement; have architect drawings printed with our name as owner; apply for building permission in your name (keep it, it's your proof of ownership); and make contract with building constructor in your name, and all payment transfers from your account. Keep all documents as proof of ownership.

 

Not all land offices will issue a usufruct to a foreigner; usufruct means that the holder of a usufruct, known as a usufructuary, has the right to use (usus) the property and enjoy its fruits (fructus). If you can make a usufruct, you should not make it with a spouse, but having it registered before any land is transferred to a spouse, as a contract between husband and wife in some cases can be declared void.

 

so i ned to put this put this  document in my name before all papers are signed over the house should be completed in a month im also looking into another  idea proposed by an op thanks for the advice 

[Harveyboy]

On 5/12/2020 at 4:12 PM, Crossy said:

You should be able to get the land registered in your son's name, talk to the land registry rather than the builder. Also get the building permit in his name (not sure if that's possible for a minor, again check with the local amphur / land office).

 

Very important note - any contract between husband and wife can be unilaterally cancelled be either party, so a lease or usufruct offers no protection in the event of a relationship breakup unless it was formed before marriage.

ok tks will go to local Amphur ..land office soon i was told i could possibly put it in my son's name and stand as manager..for the house till he is 20 yrs old but would that mean that if we ever needed to move the property could not be sold till he  reached 20 this is just a thought tks 

[Harveyboy]

On 5/12/2020 at 10:37 PM, BritManToo said:

Builder talking BS.

Put it in your son's name, with you as manager.

I would also find a new builder as the current one appears too stupid to trust with building your house.

ok thanks mate ..now if it was in my sons name and i was manager and for any unforeseen reason we had to move ...my wife works for the government and can if needed be moved anywhere in Thailand..if the property had to be sold ..could it be sold if my son was not  at mature age as manager could i do it    any ideas on this mate 

[BritManToo]

1 hour ago, Harveyboy said:

ok thanks mate ..now if it was in my sons name and i was manager and for any unforeseen reason we had to move ...my wife works for the government and can if needed be moved anywhere in Thailand..if the property had to be sold ..could it be sold if my son was not  at mature age as manager could i do it    any ideas on this mate 

Probably not, renting is as far as you could go.

[Harveyboy]

On 5/29/2020 at 12:36 PM, BritManToo said:

Probably not, renting is as far as you could go.

ok tks mate 

[couchpotato]

This maybe of help. Many years ago we (wife and I) put one property in our daughters name.

Her name was on the Chanoot, but also my wife's name.  Even though my daughter was on the Chanoot as owner, she couldn't sell the property without my wife's permission until she was of age (18 or 20..can't remember exactly). This was recorded on the Chanoot.

[Harveyboy]

22 hours ago, couchpotato said:

This maybe of help. Many years ago we (wife and I) put one property in our daughters name.

Her name was on the Chanoot, but also my wife's name.  Even though my daughter was on the Chanoot as owner, she couldn't sell the property without my wife's permission until she was of age (18 or 20..can't remember exactly). This was recorded on the Chanoot.

tks for that mate ..i thought that was the case normally putting it in his name for a 20 year period but my wife works for the government and already had a posting changed  could be sent anywhere in Thailand on a permanent basis s if had to buy a another property well not possible without being able to sell one  thanks for the help...