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What are the risks and considerations of building a house on land leased from a Thai spouse?

House ConstructionLand LeaseThai SpouseBuilding RegulationsProperty OwnershipUsufructExpat AdviceInvesting in ThailandForeigners and Thai LawMarriage and Property Rights
Jun 19, 2020
4 years ago
Alan ***********
ORIGINAL POSTER
Anyone in the group have experience of building a house in your name by leasing the land from your spouse?
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TLDR : Answer Summary
The discussion revolves around the complexities and risks of building a house on land leased from a Thai spouse. Several comments emphasize caution, advising against significant investments due to potential legal issues, such as the nullification of contracts between spouses under Thai law. Participants share personal experiences and suggest alternatives, like leasing land in the foreigner's name or setting up a company for greater control. The comments also touch upon the importance of having legal documents, the potential for relationship disputes to influence property rights, and the general advice that renting might be a safer option than investing in property, highlighting the unpredictable nature of personal relationships in Thailand.
Ben ****
In stead of leasing the land, you can get the usefruct of it. Only time limitation is your life.

Usefruct remains even when the land is sold to or inherited by someone.
4 years ago
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Divya *********
Don’t waste your money, just rent. If things go sour with your spouse you can just pack up and go. Keep your money, don’t give it away! So far I have witnessed 2 good friends who gave away their entire wealth before they succumbed to “terrible accidents in the bathroom Or motorcycle “ be wise.
4 years ago
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Ian ***********
@Divya ********
 wise advice buddy
4 years ago
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Ian ***********
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Michael ******
Hi, not sure if this will help. I bought the land, then had my wife borrow the 1.2 mil baht from the bank over 20 years. I pay the repayment of course, but it’s only 7k baht a month. If the shit hits the fan, I fuck off and leave the loan with her. Also plenty of good respectable builders around, needless to say the bank oversees the progress payments.
4 years ago
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Mongkon ***********
allowed. Lease agreement tax applies. Beware of builder. Pay only for work done, piecemeal.
4 years ago
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Mongkon ***********
Minimum lease 10 years max 30 years Any structure on land belongs to land owner after end of lease. No demolition or wilful destruction
4 years ago
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Alice ********
If you pay cash, you can own it outright can’t you? Why do I think that?
4 years ago
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Tim *******
@Alice ********
 You can never own the land. There are two ways around thus, but both are risky; I can let you know if you are really interested.
4 years ago
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Alice ********
@Tim ******
 yes please. I know these ways... Marry or go into business.
4 years ago
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Alice ********
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Alan ***********
ORIGINAL POSTER
Thanks for all your comments - much appreciated! I had already understood that I should only pay out what I would be prepared to possibly lose - but of course want to do as much as possible just in case.
4 years ago
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Michael ******
@Alan **********
 hi Alan check out my comment below.
4 years ago
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Michael ******
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Allan ************
What ever you do, be aware Thai builders do not build to western standards, they say yes to everything you ask, but are clueless about everything from balancing off ladders,levels, footings, square corners,,water and drainage , don’t get me started on roof and electrics, subsidence, fortunately I sorted it out myself, my wife took court action for the cost of doing so, they paid in full and then some.
4 years ago
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Ryan *************
I did, my advice pay the builders pay job not on time and try to tip them to speed them up, if the above comments are a concern you can set up a 100b a month rental contract although buying a house with your partner could end just as financially bad as the uk or any country for that matter, let’s not forget Thai women are no different from any other nationality good and bad, so wouldn’t listen to most
4 years ago
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Dustin *********
I have heard horror stories of the farang being harassed by his ex wife, her family, and her friends after a divorce. Building a house in another village may be a good idea. Instead of in her village next door to her brother.
4 years ago
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Allan ************
@Dustin ********
 if you divorce it’s leave the country,

Two men in another village near me won’t divorce them for that reason.
4 years ago
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Bobby ********
@Dustin ********
. When you marry a Thai woman you are marrying the family. When you divorce her, you don't divorce the family. They stay with you, for better or worse.....🤣🤣🤣
4 years ago
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Veronika ********
@Bobby *******
 There will be a big queue to the toilet 🤣
4 years ago
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Veronika ********
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Steve *********
A friend of mine gave me the advice - never invest more than you can afford to lose.
4 years ago
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Steve **********
How long have you been here as a resident Darryl.

You reference affiliation to 2 law firms. They should advise you.

Check everything !
4 years ago
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Harry *********
When I bought a house my partner bought the land and gave me a 30 year lease which I "paid" up front for and she then "paid' the tax for the 30 years which was a minimal amount. Giving me security for 30 years which I am very unlikely to need haha
4 years ago
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Allan ************
I had a lovely house built on my wife’s land, and all the family live in it, having lost a house in England to an ex wife, what the hell, ten very happy years with my Thai wife and counting,if you cannot afford to lose it, do not build it
4 years ago
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Marc **********
Don't do it.
4 years ago
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Eric *********
Make a company
4 years ago
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Ron ******************
First question are you legally married under Thai law? After that you can get advice.
4 years ago
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Anthony ********
If you are sure 100% go ahead! Believe me you can win a property back if your prepared to go about ten years in the courts! But it can be done I did it!!
4 years ago
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Michael ******
Better to lease the land in YOUR name. You can get a Thai traditional house or prefabricated home delivered and set-up for you. Thai morals are not like English speaking country morals. You can still change your mind. Be the leader not the follower in any relationship. God made woman to be a helper for a reason.
4 years ago
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Mark ********
@Michael *****
 You're forgetting God gave her brothers and uncles often quite willing to help you with your leadership skills.
4 years ago
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Allan ************
@Mark *******
 he has none with that attitude.
4 years ago
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Allan ************
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Roland *******
Keep in mind that under Thai law contracts between husband and wife are null and void.
4 years ago
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Dustin *********
She lives in Phetchabun. The land is in Chiang Rai. The original chanote is with me in USA. I’m glad there is separation
4 years ago
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Dustin *********
My name is on the chanote. It’s my understanding that we both need to be present and sign at the land office during a sale. Which I do not plan on doing.
4 years ago
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Dustin *********
I believe this is the lifetime lease, usufruct. Maybe the shithouse lawyers can help
4 years ago
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Mark ********
@Dustin ********
 Earlier you mentioned about a farang 'keeping his land'. Clearly you are leasing which should be fine although the sister could legally sell the land and pocket the cash leaving you to deal with the new lease owner. How likely that is I have no idea.
4 years ago
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Mark ********
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Dustin *********
Mark Atkins I have a lifetime lease registered at the land office in Chiang Rai. My name is on the Chanote
4 years ago
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Dustin *********
I did a lot of research when I was looking for land in Thailand. Everything I read also said all contracts are void in a divorce. I would have to see an actual case where a farang got to keep his land in a divorce, before I trusted a usufruct. I used my ex wife sister’s name to buy the land. I do not plan to marry her and she does not care about my love life.
4 years ago
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Mark ********
@Dustin ********
 So you opted not to use a legal document and instead put your money in someone else's hands? O....... K
4 years ago
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Mark ********
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Mark ********
@Roland ******
 Not if they set up an usufruct which is legal in Thailand and offers a fair amount of protection to the 'farang' in the event of divorce/death of the wife/girlfriend. Google it.
4 years ago
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Roland *******
@Mark *******
 It's my understanding that ANY contract between spouses is void if they entered into it while already married. That's the reason prenups have to be done before getting married and cannot be changed/amended afterwards.
4 years ago
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Mark ********
@Roland ******
 No, you can make an usufruct at any time if both parties are agreed. It's nothing to do with a prenup. It must be registered with the local authorities but once it is, it becomes a very strong influencer in any future dispute. You cannot use it to own land but you can use it to retain property costs etc. The bigger issue is the time it may take to get through the courts.
4 years ago
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Mark ********
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Vipin *******
Inside you know what will happen later...then why ??
4 years ago
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David ******
I belive​ Farangs​ can lease​ land for​ 90 years

On a 30year roll over lease.

You can own the house but not the land

Another way of having control​ is setting up a company​.

Where you are the md

This would​ give you​ total control.
4 years ago
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Dustin *********
There is a lot of corruption in Thailand. I guess if the land office was in on it, a forgery is possible. I know people get desperate if they hit bottom.
4 years ago
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Dustin *********
I think it depends on the land office. I have a lifetime lease registered at the Chiang Rai land office. My name is on the chanote. The way I understand it, the land cannot be sold unless me and the owner sign.
4 years ago
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Brahim ******
They can falsify your signature saw it happening to a friend of mine
4 years ago
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Brahim ******
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Adrian ********
You will never keep or win
4 years ago
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Lyndon ************
If you do build on her land.... Ensure all the reciepts for materials and labour payments are in your name. Then you may have the opportunity of knocking it down when things go pair shaped.
4 years ago
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Mark ***********
Haha, you mean "unpair shaped?"
4 years ago
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Mark ***********
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Lyndon ************
Never buy property, renting is the way forward.
4 years ago
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Dustin *********
Alan Simon I did a lifetime lease when I was single. That way it can’t be lost in a divorce.
4 years ago
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Dustin *********
I think renting vs buying depends on your age, financial situation, how much time you can spend in Thailand, etc. I paid 400,000 baht for a small piece of land in Chiang Rai when I was 42 years old. I have spent about 15 months there in the past 2 years. Probably not a smart move for a 70 year old. Covid19 keeps me away now but I don’t feel like it was a loss of money.
4 years ago
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Alan *******
@Dustin ********
 so you bought land for someone else?
4 years ago
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Alan *******
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Bobby ********
@Lyndon ***********
. The ONLY way forward. Not only is renting portable, with relatively small penalties, you can walk away from it
4 years ago
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Bobby ********
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Brahim ******
Number one rule of travelling in Thailand.

DO NOT INVEST ON ANY THAI GIRL OR BUY THINGS ON THEIR NAME THAT HAVE BIG VALUE.
4 years ago
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Alan *******
@Brahim *****
 finger stuck to the caps lock?
4 years ago
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Brahim ******
@Al**
 I am tired to see people like you jumping off buildings in Pattaya.
4 years ago
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Alan *******
@Brahim *****
 what a moron! thanks for making my day, FB is full of imbeciles like you!
4 years ago
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Brahim ******
@Al**
 the one imbecile here is you old fart
4 years ago
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Brahim ******
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Dustin *********
Doesn’t 51% of the business still belong to a Thai ?
4 years ago
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Alan ******
Someones been stung 😢😢😢
4 years ago
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Brahim ******
Nah nobody been stung lol I give my honest advice from seeing plenty of my buddies going down with nothing left
4 years ago
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Brahim ******
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Remans **********
@Brahim *****
 really! So why many foreigners bought business under his Thai GF to skip from paying tax and other issues ? Curious why ?
4 years ago
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Rob *******
’ but mine is different ‘
4 years ago
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Rob *******
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Darryl **********
4 years ago
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Steve *******
Im sure your wife will give you a 2 year lease!
4 years ago
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Bobby ********
Make sure you get her to sign a document certifying that she loves you. 🤣🤣🤣
4 years ago
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Anthony ********
@Bobby *******
 been there b4 m8
4 years ago
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Anthony ********
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Bob **********
If you have to ask don't do it
4 years ago
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Bob **********
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