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Protecting The Roof Over Your Head From A Devious Partner


Maizefarmer

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The re-occurring question that comes up in respect of the house belonging to the recently murdered expat is: who will now actually own the house?

Well, it was always the partners house (i.e. the accused Thai female), but ex-pats concerned they may find themselves in a not dissimilar position, may wish to give thought to the following property ownership solution.

Buying land and building a house? Consider, doing it on condition your partner agrees to registering a long lease for the property in your name. Such leases are typically valid for 30 years and can be renewable – and, yes: as an ex-pat they can be registered in your name.

Although your partner may well own the freehold (the CHANOTE), the leasehold belongs to you – in effect granting you a degree of protection over your investment you would not otherwise have.

Can she sell the land?

In theory yes, but the buyer would have to be willing to accept that they would have a “sitting tenant” for the remainder of the lease. The lease is legally binding over both the seller and buyer, and the buyer would have to pay you an agreed sum if they wanted you out (giving you a way to re-coup your investment, and which would be calculated against the remainder of the lease).

What happens if the relationship breaks down and your partner wants you out?

Good question – the only case I know of had to be settled in court: the judge ordering the Thai partner to pay the ex-pat a figure that was derived from the value of the lease over the remaining lease period – which was 24 years – enabling him to re-coup a large slice of the investment.

What happens if you are murdered to get the property?

An even better question, because clearly any money or investment becomes a mute point. I think long leases are transferable, if they have a newable clause in them – meaning you stipulate in the lease agreement who you want the lease to go to, in turn meaning your partner would still have negotiate (buy) the lease from the beneficiary before they could realize a sale. On this last point, it is not as straightforward as that, and I do not know the fine detail - perhaps one of the legal experts on the forum can address it.

As an additional barrier to a potential greedy partner, consider building the house and have it and the land held through a Thai company – spreading the shares and directors as much as you can – and then draw the lease up between you and the Thai company (i.e. the property & house belongs to the Thai company – not your partner).

In any event: failing your murder or demise otherwise, the registered long lease is solid legal document which if structured and setup properly can go a not inconsiderable way to securing ex-pat interests in any residential property/house they have purchased and/or built.

The above comments are no more than an intro to the subject. I don’t know all the fine points, and I don’t know all the in’s & out’s – if this is a road you want to go down, take professional legal advise and get it done properly. Can't help but feel had this poor murdered ex-pat done this (especially through a Thai setup i.e. company), his partner may well have thought twice about what she was doing.

Comments and input from other forum members..............

Edited by Maizefarmer
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The re-occurring question that comes up in respect of the house belonging to the recently murdered expat is: who will now actually own the house?

Well, it was always the partners house (i.e. the accused Thai female), but ex-pats concerned they may find themselves in a not dissimilar position, may wish to give thought to the following property ownership solution.

Buying land and building a house? Consider, doing it on condition your partner agrees to registering a long lease for the property in your name. Such leases are typically valid for 30 years and can be renewable – and, yes: as an ex-pat they can be registered in your name.

Although your partner may well own the freehold (the CHANOTE), the leasehold belongs to you – in effect granting you a degree of protection over your investment you would not otherwise have.

Can she sell the land?

In theory yes, but the buyer would have to be willing to accept that they would have a “sitting tenant” for the remainder of the lease. The lease is legally binding over both the seller and buyer, and the buyer would have to pay you an agreed sum if they wanted you out (giving you a way to re-coup your investment, and which would be calculated against the remainder of the lease).

What happens if the relationship breaks down and your partner wants you out?

Good question – the only case I know of had to be settled in court: the judge ordering the Thai partner to pay the ex-pat a figure that was derived from the value of the lease over the remaining lease period – which was 24 years – enabling him to re-coup a large slice of the investment.

What happens if you are murdered to get the property?

An even better question, because clearly any money or investment becomes a mute point. I think long leases are transferable, if they have a newable clause in them – meaning you stipulate in the lease agreement who you want the lease to go to, in turn meaning your partner would still have negotiate (buy) the lease from the beneficiary before they could realize a sale. On this last point, it is not as straightforward as that, and I do not know the fine detail - perhaps one of the legal experts on the forum can address it.

As an additional barrier to a potential greedy partner, consider building the house and have it and the land held through a Thai company – spreading the shares and directors as much as you can – and then draw the lease up between you and the Thai company (i.e. the property & house belongs to the Thai company – not your partner).

In any event: failing your murder or demise otherwise, the registered long lease is solid legal document which if structured and setup properly can go a not inconsiderable way to securing ex-pat interests in any residential property/house they have purchased and/or built.

The above comments are no more than an intro to the subject. I don’t know all the fine points, and I don’t know all the in’s & out’s – if this is a road you want to go down, take professional legal advise and get it done properly. Can't help but feel had this poor murdered ex-pat done this (especially through a Thai setup i.e. company), his partner may well have thought twice about what she was doing.

Comments and input from other forum members..............

Legal matters aside, IMO on the practical side: beneficiaries who are not Thai will rarely want to have anything to do with the country after a sudden passing/murder of one of their family members here. If you look at it from their point of view, just think of how long it took you to adjust to how sort out your business here -it takes months at best, and some cases people are still trying to figure it out 5-10+ years later- and then imagine them going through it after your death within a limited time frame.

:o

edit: to add a bit to that, say if you're convicted of murder here... As far as I know, unless there's a civil suit (again see above for the likelihood of that happening: your kin are unlikely to make themselves available for a potentially drawn out legal campaign in another country), the murderer's assets aren't seized. They just sit there and wait for the murderer to reclaim them when he/she is released in the future.

Edited by Heng
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Legal matters aside, IMO on the practical side: beneficiaries who are not Thai will rarely want to have anything to do with the country after a sudden passing/murder of one of their family members here. If you look at it from their point of view, just think of how long it took you to adjust to how sort out your business here -it takes months at best, and some cases people are still trying to figure it out 5-10+ years later- and then imagine them going through it after your death within a limited time frame.

:o

You're right Heng. But I think Maize was suggesting this as a means to hopefully avoid an unexpected and potential demise. Another way of looking at it is to protect your interests in the event of a split in the relationship. That's my take on it.

Another thought is what if your spouse or partner dies from an accident or illness and the family starts squabbling over selling off the assets? If you have no protection, you could not only be out on the street, but out your investment too.

Edited by AmeriThai
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Legal matters aside, IMO on the practical side: beneficiaries who are not Thai will rarely want to have anything to do with the country after a sudden passing/murder of one of their family members here. If you look at it from their point of view, just think of how long it took you to adjust to how sort out your business here -it takes months at best, and some cases people are still trying to figure it out 5-10+ years later- and then imagine them going through it after your death within a limited time frame.

:D

You're right Heng. But I think Maize was suggesting this as a means to hopefully avoid an unexpected and potential demise. Another way of looking at it is to protect your interests in the event of a split in the relationship. That's my take on it.

Another thought is what if your spouse or partner dies from an accident or illness and the family starts squabbling over selling off the assets? If you have no protection, you could not only be out on the street, but out your investment too.

A very good point. They WILL be squabbling in all likelihood.

I see it back here in the States all the time. When brother and sister, parent and sibling turn into mortal enemies over relatively modest sums of money in the West, you can only imagine the regard her family will show toward an outsider getting in the way of their pot of gold. :o

Things can go south so quickly in LOS, whether it is family, a new boy friend or domestic differences. There are so many downsides to trying to own property in Thailand that I am more certain than ever I will never get involved with it.

~WISteve

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My Wife has made a Thai will in Thai and English leaving everything to me and in the case of her own land and own house (not our house or land) has stated she does not want any member of her family to receive anything. How safe is this?

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Property ownership solution. :o

Instead of all the headaches with the laws, might be devious wife, and everything else,…

Well some of the sensible solutions for me if I was a non thai are......

1- take time in finding the suitable and “very trustable” partner - meanwhile just “rent”

2- if I plan to be in Thailand for more than 10 yrs - I would try to get the thai citizenship asap -(2nd passport doesn’t hurt) - meanwhile just "rent"

3-go ahead and give everything to her as a “gift” since the beginning - so no worry in the long run

4-always have a backup plan - for the 2nd place to live - just in case

Etcs…

Ofcourse, this is just me, because I like to try to solve/resolve things since the beginning , not the end.

Prevention is the best action. :D

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The re-occurring question that comes up in respect of the house belonging to the recently murdered expat is: who will now actually own the house?

Well, it was always the partners house (i.e. the accused Thai female), but ex-pats concerned they may find themselves in a not dissimilar position, may wish to give thought to the following property ownership solution.

Buying land and building a house? Consider, doing it on condition your partner agrees to registering a long lease for the property in your name. Such leases are typically valid for 30 years and can be renewable – and, yes: as an ex-pat they can be registered in your name.

Although your partner may well own the freehold (the CHANOTE), the leasehold belongs to you – in effect granting you a degree of protection over your investment you would not otherwise have.

Can she sell the land?

In theory yes, but the buyer would have to be willing to accept that they would have a “sitting tenant” for the remainder of the lease. The lease is legally binding over both the seller and buyer, and the buyer would have to pay you an agreed sum if they wanted you out (giving you a way to re-coup your investment, and which would be calculated against the remainder of the lease).

What happens if the relationship breaks down and your partner wants you out?

Good question – the only case I know of had to be settled in court: the judge ordering the Thai partner to pay the ex-pat a figure that was derived from the value of the lease over the remaining lease period – which was 24 years – enabling him to re-coup a large slice of the investment.

What happens if you are murdered to get the property?

An even better question, because clearly any money or investment becomes a mute point. I think long leases are transferable, if they have a newable clause in them – meaning you stipulate in the lease agreement who you want the lease to go to, in turn meaning your partner would still have negotiate (buy) the lease from the beneficiary before they could realize a sale. On this last point, it is not as straightforward as that, and I do not know the fine detail - perhaps one of the legal experts on the forum can address it.

As an additional barrier to a potential greedy partner, consider building the house and have it and the land held through a Thai company – spreading the shares and directors as much as you can – and then draw the lease up between you and the Thai company (i.e. the property & house belongs to the Thai company – not your partner).

In any event: failing your murder or demise otherwise, the registered long lease is solid legal document which if structured and setup properly can go a not inconsiderable way to securing ex-pat interests in any residential property/house they have purchased and/or built.

The above comments are no more than an intro to the subject. I don’t know all the fine points, and I don’t know all the in’s & out’s – if this is a road you want to go down, take professional legal advise and get it done properly. Can't help but feel had this poor murdered ex-pat done this (especially through a Thai setup i.e. company), his partner may well have thought twice about what she was doing.

Comments and input from other forum members..............

Legal matters aside, IMO on the practical side: beneficiaries who are not Thai will rarely want to have anything to do with the country after a sudden passing/murder of one of their family members here. If you look at it from their point of view, just think of how long it took you to adjust to how sort out your business here -it takes months at best, and some cases people are still trying to figure it out 5-10+ years later- and then imagine them going through it after your death within a limited time frame.

:o

edit: to add a bit to that, say if you're convicted of murder here... As far as I know, unless there's a civil suit (again see above for the likelihood of that happening: your kin are unlikely to make themselves available for a potentially drawn out legal campaign in another country), the murderer's assets aren't seized. They just sit there and wait for the murderer to reclaim them when he/she is released in the future.

Yes- I agree with you, some relatives may well be inclined sooner to draw a line under the matter than get involved in long drawn out legal to'ing & fro'ing, but as AmeriThai points out, that realy was not the point, but rather, that going to the effort of putting in place mechanisms that are legal and can protect your investment in a piece of land and the home you build on it, are possible and enforcable in Thailand.

On a slightly different note, a test case in the Thai courts in late 1998 found in favour of a ex-pat who had being "given" a house (and the land on which it stood) as security against a cash loan made to a Thai friend. An agreement was drawn up and the Chanote was held in escrow by a lawyer both parties agreed to.

The Thai friend subsequently passed away (quite by accident - nothing to do with the loan). The beneficiaries were ordered by the court to reimburse the ex-pat from the deceaseds estate - and if that mean't selling the house then so be it. Ultimately they raised the cash (without having to sell the house), but its interesting to note that the Thai courts found in favour of the ex-pat who had being given of an "asset" he was not allowed to own. As I read it at the time a clear distinction had being drawn between "ownership of the land" and "use of the land as security" in a business dealing.

Yabaaa's case is not unique, it has happened before on more than one occcassion: - although he may not be able to own the land/house, he does though still have a legal title to it's value, and so long as the court uphelds the will and there is no squabbling amongst other relatives, my take on it is that a court would probably order the property to be sold and the proceeds given to Yabaaa. Still, I would suggest you see a specialist property or inheritance lawyer and make sure all the I's are dotted and the T's crossed, and that it is kept up to date every few years i.e. all sorts of arguments stem from wills written 20years before the person dies.

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Property ownership solution. :o

Instead of all the headaches with the laws, might be devious wife, and everything else,…

Well some of the sensible solutions for me if I was a non thai are......

1- take time in finding the suitable and "very trustable" partner - meanwhile just "rent"

2- if I plan to be in Thailand for more than 10 yrs - I would try to get the thai citizenship asap -(2nd passport doesn't hurt) - meanwhile just "rent"

3-go ahead and give everything to her as a "gift" since the beginning - so no worry in the long run

4-always have a backup plan - for the 2nd place to live - just in case

Etcs…

Ofcourse, this is just me, because I like to try to solve/resolve things since the beginning , not the end.

Prevention is the best action. :D

It sounds a bit naive i think, sorry Teacup but ..

1 You will have to rent without a partner since one cannot own anything in Thailand.

Finding a trustworthy partner is what everybody already thought they did and had.

I have never been told someone is looking for the opposite ! You are stating the obvious.

One day for whatever reason, all of a sudden, it could be proven different. Not nice, but humans never stop to amaze. How can this man or woman be so....< whatever >......but it is life.

2 Get Thai citizenship asap. Do you know how many hoops you have to jump through to get this, or how long this process takes? http://www.thaivisa.com/forum/Story-Thai-C...io-t121353.html Look at the link for an example, and this was a fast one by his own statement.

Or ask SBK, she was turned down at the beginning already after having lived in Thailand far over 10 years required. So first wait ten years, and thereafter all the time it takes to `maybe` get citizenship, and than start doing the things we really want ? Come on get real.

Do Thai woman really require this much safety build in if a farang enters into a relationship with one of them?

3 Give everything , I agree, but just as trustworthiness can change , so can things change concerning "gifts" especially if things turn sour. As said before (1) it is not nice, but it is human and it happens.

And.. we are not all a member of the Rockefeller family.

4 Having a backup plan is like having second thoughts about what you are doing in the present.

First you have to rent all the time and be very careful, than you have to give everything, and than you have to wait 10 to 15 years for citizenship, it doesn't sound very realistic this way, does it ?

A backup plan never hurts, in whatever situation. But I hope you understand what I mean.

If you want prevention in life, don't do anything, you will never have to regret anything too.

My 2 cents/satang.

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Perhaps an interesting solution (if you have trusted family living overseas), is to ensure that your assets in Thailand are actually legally owned by your brother, or mother (or whoever), who happens to reside in Oz or the UK or wherever. You can have some form of legal contract with them that is drawn up in your home country that gives you control over these assets. Bring your mother/brother over for a holiday when they need to sign any initial purchase papers. Then make sure your Thai partner knows that your mother owns all your assets. She/he will have to travel to Oz/UK to commit the murder . . . .

If she asks why all your assets are held by your mother/brother, just tell her that in your country, you look after your family before your spouse - just like they do in Thailand.

Simon

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Perhaps an interesting solution (if you have trusted family living overseas), is to ensure that your assets in Thailand are actually legally owned by your brother, or mother (or whoever), who happens to reside in Oz or the UK or wherever. You can have some form of legal contract with them that is drawn up in your home country that gives you control over these assets. Bring your mother/brother over for a holiday when they need to sign any initial purchase papers. Then make sure your Thai partner knows that your mother owns all your assets. She/he will have to travel to Oz/UK to commit the murder . . . .

If she asks why all your assets are held by your mother/brother, just tell her that in your country, you look after your family before your spouse - just like they do in Thailand.

Simon

Sorry simon, but if you are a farang, your mother/brother/whoever will probably be farang too.

And they are not allowed to own land, that is what it is all about.

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I always thought that a westerner can own the house but not the land it's built on.

You can own the house but this is of no use if the relatives refuse you to pass their land to enter the house or they can just tell you to take the house and go away.Besides is is not easy to live in a place surrounded by enemies.

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My Wife has made a Thai will in Thai and English leaving everything to me and in the case of her own land and own house (not our house or land) has stated she does not want any member of her family to receive anything. How safe is this?

If you are also appointed as the executioner of the will and the will is drawn up at the amphoe or deposited at the amphoe in a sealed envelope as a so called secred will than you are quite safe.However you have to sell the land within a certain time to a thai citizen.

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Carib, of course they are farang! They can own the house (as a farang), or the lease can be in their name. I think that under Thai law, a house or land lease 'dies' when the lessee dies.. If the husband in Thailand is killed, the house is still owned/leased by the farang brother etc. That's the whole point of this idea...

Simon

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Simon,

That is the best solution for everyone married to a Thai. Most lawyers conveniently 'forget' to mention that a lease or usufruct with your spouse is worthless.

The spouse can revoke that right.

However if the contract is with someone else it is as solid as it can get.

(It is one of the reasons some landoffices (they are instructed) will not register a usufruct when it is not with your spouse. And then some actually think those working at the landoffice are stupid. They just do their bit to keep every inch of Thailand in possesions of Thai. :o )

Edited by Khun Jean
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If you want prevention in life, don't do anything, you will never have to regret anything too.

My 2 cents/satang.

Hey at least I was trying to help - It calls BRAINSTROMING….duh

How bout you, what’s your plan…….instead of..... don’t like that…don’t like this!! :o

Btw - like your old avatar better….....coz too many garfields laying around already

Edited by teacup
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Carib, of course they are farang! They can own the house (as a farang), or the lease can be in their name. I think that under Thai law, a house or land lease 'dies' when the lessee dies.. If the husband in Thailand is killed, the house is still owned/leased by the farang brother etc. That's the whole point of this idea...

Simon

Ok Simon, got it, but i was talking about `land`. We passed each other somewhere, no problem.

Regards

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But surely this whole thread is flawed? If you know that your partner is devious, then you don't marry him/her:) And if you cannot see this side of their character, then taking these sorts of precautions probably don't even cross your mind.

Simon

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Perhaps an interesting solution (if you have trusted family living overseas), is to ensure that your assets in Thailand are actually legally owned by your brother, or mother (or whoever), who happens to reside in Oz or the UK or wherever. You can have some form of legal contract with them that is drawn up in your home country that gives you control over these assets. Bring your mother/brother over for a holiday when they need to sign any initial purchase papers. Then make sure your Thai partner knows that your mother owns all your assets. She/he will have to travel to Oz/UK to commit the murder . . . .

If she asks why all your assets are held by your mother/brother, just tell her that in your country, you look after your family before your spouse - just like they do in Thailand.

Simon

Sorry simon, but if you are a farang, your mother/brother/whoever will probably be farang too.

And they are not allowed to own land, that is what it is all about.

farang can own land. several farang have acquired thai nationality and therefore can own land ie: Bill Heinecke

non-thai nationals (aka aliens) can not own land.

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I love living in the boonies of Issan. BUT, no way would I consider staying here if not for my Thai wife. She is the reason that I am happy and content here. Why would I go to the trouble and expense of having all sorts of contracts made to protect my investments? I will never be able to own any property in my name so why bother? If there comes a day when she no longer wants to live with me or if I no longer want to live with her, I will pack my personal things in MY truck and head back to MY condo. YES, I know you have all heard it before but the golden rule is to NOT spend more than you can afford to walk away from. The house, land and car are all in her name while I keep a vehicle and the condo in my name. Certainly there would be a lot of hurt and financial loss involved but I wouldn't miss any meals.

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Most lawyers conveniently 'forget' to mention that a lease or usufruct with your spouse is worthless. The spouse can revoke that right.

incorrect information! the spouse canNOT revoke a right that is entered in the chanote.

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If you want prevention in life, don't do anything, you will never have to regret anything too.

My 2 cents/satang.

Hey at least I was trying to help - It calls BRAINSTROMING….duh

How bout you, what's your plan…….instead of..... don't like that…don't like this!! :o

Btw - like your old avatar better….....coz too many garfields laying around already

Of course it is brainstorming, and in that way I answered, no other motive, absolutely not.

You gave some `safety rules` and I thought them to be not really realistic given the time frame and other stuff, that is all.

Maybe also it the style I use, English is not my mothers tongue so conversation is easier than writing it down.

Mmmm I am like; I don't like that or this and my avatar is wrong too ?? :D I really spoiled it..

I think Garfield is to stay for the time being, until i see another avatar I like. Or maybe I will go back to the old one...have to brainstorm first. :D

My plan is to go on living as I have done so far, that includes trusting people and therefor sometimes get hurt, or whatever.

Also I agree with Simon 43

Quote/ But surely this whole thread is flawed? If you know that your partner is devious, then you don't marry him/her:) And if you cannot see this side of their character, then taking these sorts of precautions probably don't even cross your mind. Unquote.

Regards

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Well done M.F for starting this very important thread, along with generating of sensible debate on the subject matter / content.

Could this OP after any additional fine tuning, be worth pinning somewhere for the benefit of those about to enter joint property ownership i wonder ?

Respectfully

marshbags :o

Edited by marshbags
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I wonder if back home everyone sits around trying to figure out how to keep all their assets protected from their wives. Even to the point of discussing how to protect their assets in the case that their wife murders them.

I doubt it.

So what's up with you?

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I wonder if back home everyone sits around trying to figure out how to keep all their assets protected from their wives. Even to the point of discussing how to protect their assets in the case that their wife murders them.

I doubt it.

So what's up with you?

It's called a prenuptial agreement in the west. That said, if I had any thought of my partner killing me here in Thailand for my assets it would be time for an upgrade. Girl shopping can be fun and enlightening. Not much different from the scene in Los Angeles.

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Legal matters aside, IMO on the practical side: beneficiaries who are not Thai will rarely want to have anything to do with the country after a sudden passing/murder of one of their family members here. If you look at it from their point of view, just think of how long it took you to adjust to how sort out your business here -it takes months at best, and some cases people are still trying to figure it out 5-10+ years later- and then imagine them going through it after your death within a limited time frame.

:o

You're right Heng. But I think Maize was suggesting this as a means to hopefully avoid an unexpected and potential demise. Another way of looking at it is to protect your interests in the event of a split in the relationship. That's my take on it.

Another thought is what if your spouse or partner dies from an accident or illness and the family starts squabbling over selling off the assets? If you have no protection, you could not only be out on the street, but out your investment too.

Of course, I understand the idea was deterrence. My point was that if it gets to the point where the local wife or husband is not on your team, I'm sure they would understand the implications of your family (or your "team") being located on the other side of the ocean. It doesn't take much imagination to visualize two steps ahead in that if one decided to knock off one's partner, the victim's family would likely show up for the criminal trial but probably wouldn't stick around for a civil trial. Inheritance ensured.

And that's assuming that one is caught.

:D

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If you know that your partner is devious, then you don't marry him/her:)

its often not until boredom and/or dissatisfaction and the reality of an imminent breakup creep into a relationship that deviousness rears its ugly head.

the one with the most to lose will often have to be as devious as the one with the most to gain.

prenuptuals can instill a sense of mistrust from the word go.

a thorough prenuptual "assessment" of the partners immediate family , relatives and close friends should be higher on the list of priorities than a thorough knowledge of the thai legal system and its myriad and ever changing vagaries and interpretations.

Edited by taxexile
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Yes- I agree with you, some relatives may well be inclined sooner to draw a line under the matter than get involved in long drawn out legal to'ing & fro'ing, but as AmeriThai points out, that realy was not the point, but rather, that going to the effort of putting in place mechanisms that are legal and can protect your investment in a piece of land and the home you build on it, are possible and enforcable in Thailand.

I hear ya. I was pointing out the practical side of the issue, in that typically for a law to be enforced, there has to be a willing party in place to 'demand one's right's' so to speak. And legal issues aside, there are plenty of folks out there who are willing to reside/use your property without legally owning it. There's no land dept. mechanism that goes around to check to see if those using a property are really the owners or not. That's why squatting is so rampant here. Now if I could occupy some property with a good location (plenty of examples of street vendors doing this... but there are also those who do so with entire lots of property) without having to fear being evicted (because the owner is dead or more commonly... the property is owned by folks who have so much property that they can't keep track of it all), it doesn't matter if I can't sell it, as I know that I can profit from it in the long term by leasing it out or just conducting business right there on the spot.

The assumption that legal blocks to sale would be a deterrence in those cases wouldn't be a good idea.

:o

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