her house, my money, what if she dies early

[thalenoi]

Hope we will soon move in HER house paid by ME.

I am not making a fuzz out of this. I know the risks.

 

But if she dies before me (unlikely but possible) the house will go to the family (more than enough brothers and sisses )

 

Is there any way in protecting myself?

such as an agreement on paper (notary, lawyer?) that would state I have one year to sell the house and dissapear.

 

She also has no children, but I have.

My dear son is in a relationship with a thai gf, no idea if they will get married any day but I have the idea to get the house donated to his gf when both of us are gone (myself the first, would be logic) Is this possible?

[Julian2]

I'm in the same position Thalenoi. All I can suggest is make yourself popular with the family and make it worth their while to leave you there. I do this with paid work, gardeners, house keepers, drive me around if I'm feeling lazy, (about 23 hours a day).

The only way that your going to get that house left to your son's GF is if your wife agrees to make a will in her favour. If they're not related the chances are remote.

[Lord Toad]

She can give you a 30 year lease on the property. Totally legal and protects you if she dies. It can be set up now and should be fot the land and buidling.

It could be a 30+ 30 but the 2nd 30 would not be enforcable if she dies.

[elef]

You're correct but the lease contract must be registered with the land office else it's valid just 3 (?) years. You may also have to pay tax on the leases.

 

Those of you having thai children can register your land on them, but it's possible to own the house yourself if you're living in Thailand (not on visa runs).

[ThaiHome]

Basically the registered 30 year lease will protect you. There is some discussion that if the wife leaves the house to you in her will, you would have a year to sell it, but that depends, of course, on local authorities understanding the law (whatever that may be at that point).

As usual, best advice is to get real legal advice (which you will have to pay for).

TH

 

[buffalo_bill]

thalenoi ,

 

according to what I have read many times on various boards and newspapers , sooner or later her bretheren will kill you to get possession of the house . I think it is an upcountry tradition regarding ownership transfer on the property market .

 

BuBi

[cardinalblue]

She can create a will which states whatever she wants to leave to you. If it is property, then you will get the sale of that property since you can't own it...

 

You probably need to do percentages with other members of her family....

 

I am doing a 50% cut with her brother (representing her side of the family)...

 

At least i will get half back and this arrangement seemed fair to her family as well....

 

CB

[thalenoi]

What I really would like is her to write a will where the house would go to my son's thai gf. Not sure such a will is valid though?

 

I mentionned this once to her and she got upset, but she doesn't like her family and I pay for everything, sounds reasoneable to me to keep the house on my side of the family.

 

What about inheritance tax? In Belgium that would be 50% to strangers...

[elef]

Thalenoi, I suggest you consult your embassy, as you're citizen of an other country living in Thailand you must arrange that the will is legal in both countries, or at least not illegal in your home country.

[New Petchburi Pete]

My suggestion is to have a reputable real estate attorney prepare a contract which can state that the property is "common property." This is entirely legal, and common practice. With this in force, the property could only be sold if you signed off or agreed to it.

 

Beyond that, you should have a highly recommended real estate attorney draw up a 30 year, renewable, irrevocable lease which would be 'attached' to the deed ("chinoot") at the Land Court (with lawyer or his/her representative present) at the moment the transfer of the property is made into her name. Should she decease, this would not cancel the lease. Thus, you would be able to reside there no matter who owned the property.

 

Should you marry legally, and father a child, the house can be sold to (or put into the name of) your child who would be a Thai citizen if born in LOS. One problem with this is that the property cannot be sold until the child reaches the age of twenty, unless you file a petition with the Court to do so. A thirty year lease can still be put in force should a minor child own the property.