Answereda year ago
Is it possible to buy property in Thailand under a Thai girlfriend's name and lease it back to myself?
I wonder if you bought a property in gf name at the same time set up 30 year lease to yourself would that work? Just a thought) would check with lawyer of course)
Your thoughts please, expecting some colourful replies 👍
Your thoughts please, expecting some colourful replies 👍
Answer summary
This discussion revolves around the intricacies of buying property in Thailand, particularly focusing on the scenario where an expat purchases land in their Thai girlfriend's name while simultaneously establishing a long-term lease for themselves. Participants share various strategies, such as utilizing a usufruct (a legal right to use the property) to secure their investment, and highlight the legal and practical challenges involved, especially in the event of a breakup. The conversation also touches upon the broader risks of investing in Thai real estate and shares personal anecdotes, emphasizing the need for caution and legal precautions.
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Chris ******
My old mate just gone through all of this in Laos I warned him the house got finished furnished the lot then she asked for a car he told her no car he is now thousands of pounds out of pocket warned him don't do it worst thing was she was a bar girl when he met her can only warn people so much I gave up on him let him learn hard way 3 days after splitting she is on Thai friendly Facebook page ain't no love with them girls only want want all time
Jj ****
Yes but why not buy a 30yr lease directly from the owners and negotiate a discount? If it gets sour with your gf it will be tough to stay
Bill *******
Girlfriend or girlfiend. It's Russian roulette here in Thailand.
Bernie *************
OP@Bill ******
🤣🤣 yes I know but I've known her for 20 years now but still wouldn't be too reckless (I hope)
Jim ******
A more sensible option would be for you to buy a condo in your name. You can have any legal framework to lease the land but if anything goes wrong with the relationship you can have serious problems.
Ally ************
Whether it's a 30-yr lease over the land or a usufruct.. the key to making it a 'safe' option is to ensure it is assignable and extendable.. meaning if the relationship breaks down you can sell the house (which you built and legally own) AND assign the lease over the land to the buyer of the house.. this allows you to move away from your partner's village to 'start again' so to speak.. whilst getting a return on your investment.. bear in mind if the lease on the land is not extendable then the market value of the house will diminish as the years roll by!
Bernie *************
OP@Ally ***********
thank you that's brilliant
Sean *******
Never. Unless you have kids together.
Roger ********
I thought the law changed after the last coup (or possibly the one before that) and 30 year leases were no longer an option?
Robert *****
Assume the Position
Andrew ********
There is a recent thai court case over this i read a month ago they will look into fincial investment as well pertaining to property
Ingvar *******
But then your gf pay 12% tax on the lease fee to your ampoe office. Many avoid this but that can be expensive.
Bernie *************
OP@Ingvar ******
can we not set the lease fee?Ingvar *******
@Bernie ************
normaly the buying price for the land plot devided with 30 years.Bernie *************
OP@Ingvar ******
saved yourself money and gave your trust 👍Ingvar *******
@Bernie ************
in our case they put the price after the size of the plot. I think the have an average price per talangwah. But this can as always be different in other areas in the country. After some years we cancelled the lease, and saved 6k Baht yearly. 😍Bernie *************
OP@Ingvar ******
OK thanks for the info. How does that work with land with established house already on it?
Patrick ********
She owned the land. She can rase a lone using the land as equity at any time. Or rent part of the land at any time. It's very iffy. Also after 30 years. You will have to nogaiat another 30 years.
Bernie *************
OP@Patrick *******
thanks I would need to look into that
Charlie *********
Legalities and practicalities are two very different things. Choose wisely, grasshopper.
Bernie *************
OP@Charlie ********
yes indeed, and some interesting replies it seems
Jeremy ********
Your gf if Thai can own the Chanote on the land you can lease it from her
Then you get a lawyer to draw up an Usufruct for the structure to be in your name for the 30 year lease
Don’t put it on her families land
Then you get a lawyer to draw up an Usufruct for the structure to be in your name for the 30 year lease
Don’t put it on her families land
Max *************
Forget about buying land with a Thai gf/wife. It will eventually bite you in the ass.
Paul *******
Yes. Talk to
@Brian ********
Harry *********
Why oh why do otherwise sane people keep getting themselves into this situation . You already know buying property in Thailand is a disaster waiting to happen ( if you break up you will have no rights in practice , forget the theory ) yet you will still plough ahead with it .
Bernie *************
OP@Harry ********
lease in my name signed by herHarry *********
@Bernie ************
so if it’s all watertight then why are you asking ? Also what happens if you want to move ( you never know the future ) . Easy to sell … no of course is the answer . But maybe that still works for you . Thailand makes people do strange things . And after 30 years is it worthless as the lease is finished so it presumably goes back to her ?Harry *********
@Bernie ************
I get it . I understand . However you are effectively giving the property to her and her family . Supposing you all fall out in one years time … it’s possible . Then you will be 73 . Bit tricky then isn’t it ? No wonder Thailand is such a rich country with a super strong currency , it’s packed with foreigners desperate to bring huge sums in to give to their people one day .
You have to admit it’s a bonkers system . Still it’s your choice , you’re not alone in doing this
Bernie *************
OP@Harry ********
ill be 102 in 30 years
Kenny *****
If things dont work out yr stuck for 30 yrs.
Bernie *************
OP@Kenny ****
I can chuck her out if the lease is in my name
John ******
Either way you will loose the house if you loose your girlfriend. Because if you are split, no way you can live there peacefully
Greg ***********
. .and if the relationship gets sour, all these leases, lawyers, paper documents are not helpful in anything, since you don't want to stay living in "her" village, in the midst of people who will eventually start to dislike you. And you don't want to become the victim of an accident that happens because you are standing in somebody's way. The saying is: "invest in Thailand only what you can walk away from anytime, without a blink of your eye"
Bernie *************
OPNo disrespect to her village meant I love it , just prefer further south one of the main reasons is the pollution during burning season.
Greg ***********
@Bernie ************
I left the village in the southern Isaan, near the Cambodian border, out of the same reason. Every other day some villager burns plastic, and their children play around the fires and inhale the toxic smoke. Now we live in a settlement house 20 kilometers away. The trash gets picked up, nobody is burning anything. I have noticed during travels in the South that the population of the South keeps their environment much more clean than the farmers in the NortheastBernie *************
OP@Greg **********
and definitely not in her village 👍
Mubashir ********
@Bernie ************
do you mind to explain why not her village ?Isnt it much helpful as every one knows and can help anytime or if something else.
Sea *****
Yes, that works. Another good solution is an usufruct, which would last for your whole life.
Bob **********
It’s only a piece of paper obviously you think it might not work ,they will make your life so miserable that you’ll run away if they want you gone
Stuart ***********
The best way is to get your lawyer to arrange for you to own the house and your girlfriend owns the land. At the same time they need to set up a 'usufruct' for you to legally be allowed to stay on the land for 30 years, this is entered in to the tabian baan (blue book). People will no doubt say this would not prevent you from being evicted if you ever split up, but it's the best way other than not buying a house. The other alternative is to buy a leasehold house on a housing complex, so you only ever own the house and someone else owns the land.
Bernie *************
OP@Stuart **********
aren't they expense?Stuart ***********
@Bernie ************
depends what you call expensive and how much the lawyer is charging to set it up with the land agency. I think it cost us 15,000 baht.Sea *****
@Stuart **********
I think usufruct is lifetime not 30 years
Graeme ******
I would suggest you buy land in her name then with lawyer help creat a lease from her to you so you are now leasing the land. Now you can build a house on that land in your name
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