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Best way to own land as a married couple


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On 5/25/2020 at 2:31 AM, mikemi said:

well the idea is that nobody gets burned, isnt it. hence the thread.

 

Are you saying that foreigners cant create contracts in thailand? or cant give loans?

 

I buy a house for 100k or whatever. I own a lien on the house for 50k, or my wife owes me 50k via contract to be paid whenever I see fit.

 

So she has the house and is 100k up, but she owes me 50k.

 

The contract will stipulate settlement terms. It would say something like, in the event of separation the owed money is to be paid within 1 year or the house is to be sold via a named firm of solicitors via public auction, proceeds to be split 50/50.

 

As far as I can see, so long as foreigners can enter into contracts in thai law, then why doesnt this method work?

 

Can we have a bit more thinking, and a bit less of the usual "its thailand you will lose everything " because I find it really childish, repetitive, and most of all ignorant.

 

Is there any law that prevents such a contract from being created?

 

 

 

Like have said here if don't have Chanote from land your wife relative not own that.

Close to our mountain rubber (wife) farm coverment take much of land from farmers away. Build new road and tourist actraction. Don't know your case but make huge investment if coverment land is not most sensible solution. And if don't have farming experience it sound stupid also to watch what other people have get money from Durian! Is in that land even that kind soil what is good for durian tree! Not most easy to grow! Not many farmer in LOS make good money from farming. Not in the way you think!

Basicly they live from hand to mouth! And really hard work. Dont have UK machinery to help, most things doing only whit man power. You woke up every mornig 4:30 am and come home when dark! Think really carefully things here before make any desition!

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1 hour ago, 2 is 1 said:

Like have said here if don't have Chanote from land your wife relative not own that.

Close to our mountain rubber (wife) farm coverment take much of land from farmers away. Build new road and tourist actraction. Don't know your case but make huge investment if coverment land is not most sensible solution. And if don't have farming experience it sound stupid also to watch what other people have get money from Durian! Is in that land even that kind soil what is good for durian tree! Not most easy to grow! Not many farmer in LOS make good money from farming. Not in the way you think!

Basicly they live from hand to mouth! And really hard work. Dont have UK machinery to help, most things doing only whit man power. You woke up every mornig 4:30 am and come home when dark! Think really carefully things here before make any desition!

 wow the government took your land? sounds awful

 

I love farming, its my dream for 15 years to have a farm, since long before i met my wife or went to thailand

 

I worked on farms on the islands in the south of japan when i was younger, it was subtropical about 25-30 degrees. Hot, but not as hot as thailand

 

My life long dream is to be a watermelon farmer

 

If I won the lottery I would buy a farm

 

You wouldnt believe it. Years and years after I started going out with my wife I found out her family has a farm. I never brought it up with her before. When you are working in the UK ... plugging away at your business or whatever, you dont have many realistic opportunities to be a watermelon farmer, so you dont bring it up very often. Silly isnt it? I never knew she had a farm, and she never knew I wanted to be a farmer.

 

So anyway, when I found out her family had this farm, I was like omg are you serious get on the plane right now woman!!

 

I dont know what will happen long term, I hope the trees survive OK, obviously we are worried sometimes, but we remain positive. My wife basically believes that if you put the work in, we will make money. Whether its durian or whatever we grow.

 

So far the trees are OK, 90%. 10% need replacing and they will be getting swapped this rainy season.

 

If anyone is really interested I will post in the farming forum about it all.

 

All I know for sure is that my life long dream of being a watermelon farmer is going to come true!!!!!!

 

 

Edited by mikemi
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OP, you got some good leads in this thread. It would be wise now to consult a respectable Thai law firm. There are good farang-friendly ones. A couple of hours of consultation won't break the bank and you would be under no obligation to retain them. But then you would know exactly if what you are asking can be done and how. Good luck!

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19 hours ago, mikemi said:

All I know for sure is that my life long dream of being a watermelon farmer is going to come true!!!!!!

Correction - water melon farm manager. If you try to become a farmer you might find yourself on a plane home.

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M. reportedly confessed to assaulting his wife because she was threatening to leave him for another man after he had put all his assets in her name.

 

I heard about throwing  momma from the train not from a balcony, i have a Thai lawyer friend and she's coming across similar situations all the times whereby Thai spouses are scheming and conniving to take over foreigner husbands properties...

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Check Law link below as will explain some things to you. Many think that all property aquired during marriage is community property ( Sin Somros ) That is not true, any property/money gifted to you or your wife by way of gift or inheritance is not community property and does not have to be devided in a diviorce.

A prenup has to be done before  marriage and even then a Thai court can over rule the prenup if it considers the prenup blatantly unfair to the other party or illegal.

A Usufruct can allow you to stay/use the property after she dies but in a diviorce any contract between a wife and husband can be voided by either party at any time, plus a court can over rule the Usufruct. Plus if you don't have a good relationship with her family they will find a way to get you off that property. Don't say we are being extreme and "my wife's not like that" Famous last words ,we have heard it all before. 

 

https://www.international-divorce.com/thailand_family_law

 

Read below article at your leisure and see how 2 EU multi millionaires in Real Estate  who thought they were super smart well educated and expirianced investers got taken for everything they had by poor/uneducated Thai girls

 

https://www.bbc.com/news/magazine-34346620

 

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First, you have no rights here in Thailand!  You can live here as long as you keep up your visa and you can spend money here but concerning assets other than a condo ownership, you have no legal rights if your marriage goes south.  You are not entitled to 50/50.  Thai laws are for Thai people and we are only guests here.

 

The only thing you can do that helps is to write an agreement with your wife regarding how your investment will be repaid in the case of divorce.  If prepared by an attorney, signed by both, notarized, etc and made legal you at least have that on your side.  It has more strength in court than a 'verbal' agreement and can add leverage.  Furthermore it prevents your wife (or x-wife as the case may be) from mortgaging YOUR house where it ultimately may become bank property if the loan is not repaid as agreed.  You can go to SiamLegal.com and buy a land lease form for DIY completion or again use an attorney to assure you get it right.

 

If you plan to build a house on her land with 100% of your money, I suggest you do a land lease.  That way, in the case of divorce, you have the right to live in YOUR house until the end of the lease and renewal periods plus you can insert your right to sell your house and the interest in the land lease to a 3rd party without the need for approval by your then x-wife.

 

Contracts are contracts and can be the basis of litigation but more importantly it gives you the peace of mind that if the marriage becomes troubled, you have some hope of financial recovery.

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On 5/27/2020 at 12:37 AM, mikemi said:

My life long dream is to be a watermelon farmer

Aim low and maybe one will not be disappointed in life. Do keep us informed of your progress, the excitement and suspense is killing me.

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7 minutes ago, mikemi said:

Did you miss the part about the biggest rat farm in isaan?

The biggest rat farm is in Govt House.

 

Anyhow. See pic, its has already been done. Asians have been eating rat for yonks.

 

Rats.jpg

Edited by DaRoadrunner
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