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mikemi

Best way to own land as a married couple

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Hi I will give you some backstory. I am married to a thai woman, we met in england, she was here as she had married another guy previously, but they split up. We had always planned to stay in england initially, but things changed blah blah. My wife has a piece of land, I suppose its like family land from a grandmother or something.

 

So, the land had previously rubber trees, but they were getting old and needed changing. I have always wanted to be a farmer, having worked on farms when I was in my 20s, so when the opportunity arose to get involved I was all for it, especially as it gives us an exit from the UK. Nobody else in the family really wanted to be involved with the land, they are up in bangkok doing other businesses, and those who did didnt have the money anyway to replace the rubber trees.

 

So, my wife paid (yes my wife, not me), for the rubber trees to be replaced with durian, and put in a watering system, couple of bore holes, pond dug, couple of little huts etc. This has all cost quite a lot, and I think when all is said and done it will be a roughly 60,000 gbp investment by the time we get to 2024, the year in which the durian should start to yield.

 

Currently, the land is not in my wife's name, but another family member. We are going to transfer it at some point but we are wondering how best to do this?

 

Personally, at the moment I dont feel as if I have any claim to anything. It is her and her families land from long before she met me, and my current investment is $0.00.

 

However, if we are going to put our lives into it, an invest further money, and perhaps more importantly lots of time, then I will feel like I have some claim on whatever we build in the coming decade or two.

 

Though we get on well now, you never know what can happen, people can change etc. So how best to make sure I can get something out in the future if we do split?

 

I have heard we can put the land in the wife's name and then she can give me a lease? or we can put it as a company with her as 51%?

 

And what about her leaving it to me in a will in case she goes first??

 

What should I do here?

 

 

 

 

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11 minutes ago, Silent Number said:

Your first priority is go to lands office in your province and get at least her name on the transfer paper then look at options that are available after that’s done .

I guess the best way would be to use a loan/lien against the land, that increases over time to a maximum of 50%

 

Unless there are any laws that prevent thais from having to repay debts to farangs?

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Just now, wotsdermatter said:

My first question would be, is she sure that her family member will definitely transfer the land now she has invested so much to upgrade everything?

'nuf sed.

yes the family member is loaded and is up in bangkok, hates farms

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non English gibberish removed.

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10 minutes ago, northsouthdevide said:

You will never own or even part own that land. 

It is not permitted under Thai law. 

 

But it would be possible to loan, and secure the loan against the land, would it not?

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26 minutes ago, BritManToo said:

Don't put your money in her business.

If her business plan is sound, a bank will lend her the money.

 

She's dumped one white husband, take that as an indication of future intent.

What money? she isnt asking for money, she has more money than me lol

 

I am asking that if I put my life and time in there, how best to split our assets, if anybody knows a good way

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1 hour ago, mikemi said:
1 hour ago, northsouthdevide said:

You will never own or even part own that land. 

It is not permitted under Thai law. 

 

But it would be possible to loan, and secure the loan against the land, would it not?

Who are you thinking would be doing the borrowing, from whom, and for what purpose?   How would this lending help your position?

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17 minutes ago, mikemi said:

I am asking that if I put my life and time in there, how best to split our assets, if anybody knows a good way

The assets are (will be) hers, not yours, the land will never be allocated between you and her.

 

Even if she makes a will and you inherit, as a foreigner you can't keep the land, you will have one year to dispose of it.

 

Maybe she will just pay you half the value of the land if you ask nicely?

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3 minutes ago, Bob A Kneale said:

Who are you thinking would be doing the borrowing, from whom, and for what purpose?   How would this lending help your position?

Well, we are not sure exactly what we are going to do yet, as far as living arrangements. We could build on the farm, or buy somewhere local.

 

Currently, we are renting somewhere local, its so cheap we may stick with that.

 

But whatever we do, obviously over time, life consumes money even if we dont buy/build a house.

 

I just want to make sure if we split, then we do so 50/50 on whatever we have at that time.

 

As I said I dont feel like I have any claim on the farm at the moment, after 10/20/30 years of work, I am sure I would feel differently.

 

So, in order to have a claim, would it not be possible so have a lien secured against any assets in thailand that were actionable on the lien holders request?

 

Even if you dont own the land, surely you can still own a lien of a specified value?

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