I need some advice, If I was to come to Thailand on Non O based on retirement and build a house, then get married afterwards and change my visa to a marriage visa would she still be allowed rights to the home?
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TLDR : Answer Summary
The discussion centers around the complexities of owning property in Thailand as a foreigner, particularly for someone on a Non-O retirement visa who intends to build a house. Key points raised include that foreigners cannot own land; they can only lease it, typically for a maximum of 30 years, while legally owning the house. It is crucial to engage a good lawyer to structure agreements properly to secure rights over the house and land. Additional considerations regarding marriage suggest that any property owned before marriage typically remains solely that of the owner unless legally defined otherwise after marriage.
NON-O RETIREMENT VISA RESOURCES / SERVICES
Go to the Retirement Visa Section for information on requirements, including age restrictions, financial requirements, and necessary documentation.
For immediate assistance, contact Thai Visa Centre directly via LINE at @ThaiVisaCentre or Email them.
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Another rather unrelated question, She wants to buy a truck, I do not want to buy the truck outright, instead I would give her a deposit for the truck and put the truck in her name and let the payments be made by either myself or her, so if shit hits the fan shes stuck paying for a truck she cant really afford. Is that a good thing or being an asshole
Thank you everyone, alot of the answers I already knew. Ex... not being able to own land etc..... I just wanted to know if I were to own the house soley pre marriage, and then after marriage
You need to buy land to build a house, and as you’re not a citizen you are not entitled to own land. So, I suggest you stop there unless your intention is to lease.
Get 30 year lease to protect yourself after putting in her name to buy. That way you have TOTAL control should you separate in future. Don't buy if she not agree to lease, you'll know consequences
The question is in what entity would you hold that house and land in and the procedure in which you marry ?
It's impossible to negate risk to 100% here even if you have used a Lawyer as if the partner has malice aforethought you will lose even if you have the best of intentions. There is always a way to remove an asset from a foreigner's control in Thailand even if on paper you control it because legislation is not designed to be "strangle proof". Lawyers when dealing with asset registrations are merely agents.... And there's a million of those here.
You may...to protect yourself, register a lean against the land ..money owing to you ...which will be officially put on the Chanote ...that money has to be paid back before the land can be resold ...it's a little insurance for you
Mike, you asked and many here are giving you good advice. All I'm saying is take your time, what's the rush? Love can make us do stupid things; believe me, I understand.
Under Thai law, anything you own before you marry is not considered community property. When you marry, you can list your existing assets officially just to avoid confusion. However, building and owning a house is a totally different matter.
Just curious...Let's assume your wife or a Thai Person own the land and the house......but as you paid for it ....Could you put a charge on the property (the same amout it cost you to buy/build it....and not enforse it at the moment.....but Just in case something goes wrong along the years and you decide to separate ....Maybe you could Claim that amount so if she doesen't have it she will have to sell the house .....Will that be accepted? wondering
If leases, superficies or a usafruct agreement, is completed at the land office, and your name is added to the back of the chanote, it is legally binding, you basically cannot be kicked off the land, I think a lot less expat foreigners, are get ripped off these days, with all the online information, I bought my car from a dealership, they completed the name transfer in the blue book, into my name at the DLT, I just needed to get a resident certificate, the bike I bought privately, and did that myself, of course all the documents needed to be present, if it's a foreigner you also need visa copies etc.
Peter Beaumont it is irrelevant who owns the land, if you have a legally binding lease, usafruct or superficies agreement, and you haven't broken any of the terms and conditions, you tell them to leave they are trespassing, if they refuse, contact your solicitor/lawyer, you would probably need to take it to court, and involve the head village man and the police, I can tell you one thing, I wouldn't just walk away without a fight, some Thai families, think they can just do anything they want to, even if you buy land and a house in your wife/girlfriends name, and don't have a lease, you can still take it to court, but you need to have proof, that you gave her the money to purchase it, to have any chance of recovering any of the lost money, the court can force the sale of the house and land, to recover any debt.
Peter Beaumont a land usafruct agreement, is apparently for a lifetime, he can own the house himself, if it all went wrong, in theory he could sell the house below market value, and transfer the land lease to another person, someone would buy it cheaper, just to live the rest of there life in the house, cars and motorbikes, you can buy in your own name, and sell them yourself, you would still need to be in Thailand to achieve it.
The ex pat Thailand pages are full of stories about failed relationships where the ex pat has been royally had over by the Thai legal system in relation to house and land ownership and leases
As to cars and motorcycles, have you ever tried to that
Le terrain sera à son nom tu seras propriétaire de la maison avec une location du terrain sur 30 ans garantie par l’état et 60 ans sur contrat avec elle pour cela prendre un bon avocat
Je suis entrain de faire la même chose que toi mais je me suis déjà bien renseigner
Speak to Brian at Expat Lawyers for you, you Cannot own the land so have to lease it, you can take out various leases including usufruct and a superficies.
Many foreigners use both together:
• Superficies → own the house
• Usufruct → lifetime right to use the land
This gives maximum protection without violating Thai land ownership laws.
So in essence, if I move to thailand and some lady owns land that I want to build on, and she allows me to build with a 30year lease agreement, are you saying she owns 51% of my house?
Mike Dias hate to say this but if you're this concerned already then stay where you are because yes life could work out great in thailand for you but is one hell of a gamble. The fact you had to ask already concerns me. In thailand you are on the losing end legal wise.
Mike Dias hi Mike, best way to do it is get the land in her name, then you can lease the land for 30 years max then build the house in your name, this way you are protected for 30 years as the land and house is yours for 30 years. Get a contract lawyer to draw it up. If anything happens to the marriage you can ask her to leave. You can put the car in YOUR name.
Got news for you. When you buy a house IT WILL BE IN HER NAME...So don't worry about that.... What you should be asking if YOU have the rights to the house
i love it. my wife is going too buy new house in udon thani in her name with her money she saved here working in the usa. but she will let me live there for free
Yes Thats what I said, caralho, Im not married yet Im going to stay on a retirement visa until I decide to get married, If we even do We just may live together.
I r ad perfectly well what you said but you didn't understand what I was trying to tell you. You can but of a house ON HER LAND and the house will be at least 51% in HER name, so she will have more rights than you on that house. Understand now ? ( Didn't want to say it but you insisted)
Even worse - you cant build or buy house as a foreigner. You are starting off on the wrong foot in Thailand. Just look and see what many foreigners have lost before they opened their eyes. We don't want you to make that mistake. Just sayin'
Mike Dias you can own the house 100%, the Lamb can be in your girlfriend’s name, your wife’s name, a Thai friend’s name, as long as you take out the correct lease
Vinson Dynes you sound like someone who has never done something irrational for the hell of it …. Just because you could … Life is a very short thing …. Fill it up I say
Andy Spence I am fully aware of that, the land has already been purchased, by me Ill have to put the land inher name. But Im talking about the actual house.
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