What are the implications for my marriage visa and property rights if my Thai wife passes away?

Thai Marriage Visa Visa Extension Property Rights in Thailand Usufruct Agreement Expat Legal Rights Immigration Law Thailand

August 20, 2021

3 years ago

Demo **************

ORIGINAL POSTER

Hi, I have visa based on marriage with 400K in a Thai bank. Recently I've had a small house constructed in Isaan.

My wife is the same age as me. 

What would happen if she passes away before me?

Will I be allowed to live in the house or could their children kick me out?

Will I get extension of visa with the 400K in the bank?

Thanks for your answers.

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TLDR : Answer Summary

The post addresses concerns about visa status and property rights for an expat who holds a marriage visa in Thailand and has built a house. The main questions are about what happens to the visa and living situation if the wife passes away. Responses indicate that the marriage visa extension may remain valid until its expiration regardless of the spouse's status. It is suggested that the poster should secure a usufruct agreement to maintain rights to live in the house, and to keep open lines of communication with the wife's family. Consulting a lawyer for specific legal arrangements, including a will, is recommended for further protection.

Tod *********

Okay, dunno how this thai VISA advice group turned into a "what happens to a house I built on my wife's land" if she dies.

As far as your yearly extension,

@Lloyd *******

already stated should your spouse pass away you can stay on that extension until it runs out, then you either find a new way to stay extension-wise OR you pack up and leave.

We are done.

3 years ago

Wayne **********

If she passes you will no longer qualify for Thai spouse Visa extension

3 years ago

Nongnuch ********

@Wayne *********

this is not true. In case she passes away, his Extension of Stay will remain valid until the expiration date . . what he will or can do after that ? This remains open. If he has children with her, he can opt to CHANGE the reason of his Extension of stay to the 1-year extension of stay based on raising half Thai children (financial requirment is still 400K for this one)

3 years ago

Wayne **********

Go see a lawyer in the province where you live, is the best advice. In any event you will need a new visa. You may qualify for retirement visa but will need the monthly income or seasoned 800K. I suggest the will option is better. As well as the notation on title that you can live there until you die (May offer protection from being kicked out by family if your wife is incapacitated). Perhaps even have it written that upon her passing first, the property is to be sold upon the terms acceptable to you, and with you as the beneficiary.

3 years ago

Nongnuch ********

@Wayne *********

Wayne, your info is NOT TRUE

3 years ago

Reply to

Nongnuch ********

KC *****

This is a very interesting question for all ex-pats in Thailand. Nobody knows the future

3 years ago

Nongnuch ********

@KC ****

it is not a new question, it has been asked for 30 years. A foreigner who built a house on his Thai GF or wife's land can have his name put onto the back of the land titel paper , it is called usufruct and the in case the lady passes away before the foreigner, he has a full right to keep living on the premises . However neither the land nor the house belongs to him. In case he set up a company to which the house should belong, he can get sued for fraud

3 years ago

Reply to

Nongnuch ********

De ******

From your wife get the right to live in the house until you die.

Get that right registered on the title of the property.

And always be on good terms with her family.

3 years ago

Lloyd ********

Generally Immigration will let you stay until your current extension runs out. As for the house, you should sign a lease (usurfuct) for it to ensure you can stay.

3 years ago

Lloyd ********

I would guess the lease would pass to relatives but still be valid, that is the reason for it.

3 years ago

Wayne **********

@Lloyd *******

Can you lease from a person who is no longer alive?

3 years ago

Coilean *********

@Lloyd *******

Go to the local land office and inquire regarding usufruct as Lloyd has mentioned. I only did this recently on a family property and I was granted for life use of the land this was written on the chanote cost me zero bht.

3 years ago

Reply to

Coilean *********

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Can a foreign spouse continue to reside in Thailand after the death of their Thai partner?

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