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What happens to my Thai marriage visa and property if my Thai wife dies before me?

Thai marriage visaRetirement visaChildren of Thai spouseVisa rulesEstate and inheritance law in ThailandLegal advice for expatsThai immigrationNon-Thai spouseAdoption and visa implications
Dec 9, 2024
3 days ago
Jim **********
ORIGINAL POSTER
what happens if my thailand wife dies before me ( im english with a married visa) she has two children (in their 30s) from another marriage. my wife thinks i can claim that i have children. i disagree because they are not my birth children. does anyone know the answer to this situation? thanks in advance. if you have nothing nice to say don't bother speaking.
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TLDR : Answer Summary
The discussion revolves around the implications of a Thai wife's death for an English man holding a marriage visa in Thailand. The key points include that if the wife dies, the marriage visa typically expires immediately or upon the visa's set expiry, and there is confusion about whether the husband's stepsons (from the wife's previous marriage) could help him remain in Thailand through a visa extension. Most comments agree that since the children are over 20 and not biological, he cannot claim them for immigration purposes. Suggested alternatives include transitioning to a retirement visa or getting legal advice to protect his rights and assets.
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.
  • Explore recent discussions by using the Non-O Retirement Visa tag in the search box at the top of the page.
  • Join the Thai Visa Advice Facebook Group to ask your questions, and get advice from others.
Darren ****
Screenshot for evidence..just in case 😇
2 days ago
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Rod *********
Leave Thailand or apply for a new visa simple as that
2 days ago
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Kevin ***********
Can't claim kids your not on birth certificate for. Best option would be retirement visa or DTV no other option family wise.
2 days ago
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Peter **********
I have simply put 800k in the bank right from the start. I went through the nuisance of the marriage visa to see if I can manage to get work permits. I give that a year or two and then decide whether to continue on marriage via or move to retirement visa.

Her children are also above 20.

We are making up a will which will protect me if she dies before me and which will give my full inheritance to them when I die afterwards (and likewise if I die before her).

I have no children of my own (that I know of). 😉
2 days ago
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David *******
Hes not asking about a visa hes asking about his rights concerning the children
2 days ago
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Marko ******
@David ******
 he was asking about the Visa
2 days ago
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Marko ******
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Kevin **********
That's what sisters are for
2 days ago
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Daniel *****
Just find another wife.... after a brief period of mourning of course.
2 days ago
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Brian *********
If your pay to look after your wife's kids than you should consider I have kids
3 days ago
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Marko ******
@Brian ********
 they're too old "kids" 🤣
2 days ago
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Marko ******
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Dave ************
Have you got a yellow book for the house, and a thai ID card.

As far as I am aware, If you have a yellow book, you should be entitled to live in the property for 30 years after her death.

As for the visa, get a retirement visa
3 days ago
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Dava ***********
I was told that if I change my retirement visa to a marriage visa and something happens to my Thai husband (I am American BTW) (and we have two children here with us) that I would have only 30 days to leave the country! But if I stay on my retirement visa I can stay.
3 days ago
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Ricky ********
You will have to sell the home and properties within a year.
3 days ago
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Craig *********
************************************************************************
3 days ago
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Ian **********
If you adopted her children you can stay on a visa based on Thai children but that stops at 20 years old. So as her children are in their 30s you will have to convert to a retirement visa or leave Thailand.
3 days ago
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Jason ********
Did you ask your estate lawyer?

Because I’m guessing they have answers to your questions.

But that would be common sense and actually cost a few dollars.
3 days ago
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Ruth *******
@Jason *******
 you do know this is a visa advice group, right? All the advice here could be obtained elsewhere for a fee.
2 days ago
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Ruth *******
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Joseph *******
I don't think they're going to penalise you because you've had the misfortune of your partner passing away..........unless of cause you ahem, 'helped' her on her way....🧐 😜
3 days ago
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Kim *********
@Joseph ******
 what people "think" is really not relevant at all. Wife dies and you may be allowed to stay until your current permission to stay expires (assuming here on a non o). Wife divorce you you must leave within 7 days
2 days ago
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Joseph *******
@Kim ********
 Keep your head down, say nothing and live out your last days in oblivious harmony, if you've been generous and kind to your thai neighbours around you they'll look after you.

Met several foreigners (I won't say where) who in their advanced years just live a low key under the radar existence, too old to move on and too brain fogged to deal with the beaurocracy, mai pen rai 🙏
2 days ago
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Kim *********
@Joseph ******
 interesting - thank you Mr. Duffy 😊 And good to hear 👍
2 days ago
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Kim *********
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Dava ***********
@Joseph ******
 wrong- if your Thai spouse dies, your marriage visa is done.
3 days ago
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Dava ***********
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Jim **********
Where are you located? I also am Jim Matthews in Louisiana--coming your way in Feb.
3 days ago
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Jordi ********
@Jim *********
 Jeezzz dude...I would freak out if some stranger on facebook with the exact same name would ask me where I am located following 'Coming your way!'. You want to take his place🤣??
3 days ago
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Jim **********
@Jordi *******
 Not hardly I'm 85 retired military and coming to live out my final years
3 days ago
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Jordi ********
@Jim *********
 Yeah I get that, just thought it was funny. Have a good trip!
3 days ago
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Jordi ********
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Frank ********
If you’re in England nothing changes.
3 days ago
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Jeff *********
If you adopt?
3 days ago
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Jessie ******
Your lucky

Get younger 1
3 days ago
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Michael ********
What’s your question??
3 days ago
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Jim **********
ORIGINAL POSTER
@Michael *******
 my question is can i use my wife's children from a previous marriage as a visa reason to stay in Thailand if my wife dies before me. i have a marriage visa. i have been advised no i cannot because they are not my children and they are over 20 years of age
3 days ago
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Greg ***********
@Jim *********
 no you cannot because they are not your children and they are over 20 years of age
2 days ago
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Dava ***********
@Jim *********
 short answer-no.
3 days ago
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Michael ********
@Jim *********
 now that’s a full bit of info.. wish I knew the answer but I bet an attorney would know
3 days ago
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Michael ********
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Brian **********
consulting a lawyer would be the way to go.
3 days ago
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Brandon **********
Don’t do that to her !
3 days ago
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Damian *********
If your wife dies, your visa runs to expiry and you need a new reason for a visa. Divorce your visa finishes the day you divorce.

If her kids aren’t yours then no way to get a visa for that reason.
3 days ago
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Kim *********
@Damian ********
 yes but you get 7 days to leave Thailand
2 days ago
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Jim **********
ORIGINAL POSTER
@Damian ********
 thanks
3 days ago
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Greg ***********
@Jim *********
 well, if you are on a "1-year extension of stay" based on marriage to a Thai wife, the extension remains valid until the original expiry date, if your wife dies. Only in divorce, as soon as the court verdict is issued, the extensions will expire on that same day.
2 days ago
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Damian *********
@Jim *********
 I looked into it, my wife got diagnosed with breast cancer 3 years ago. She’s through treatment etc, and clear now. Always in the back of my mind not just for the visa. I have a work permit, can easily be changed over to non b visa. Obviously want my wife to be here for the foreseeable. 😂
3 days ago
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Damian *********
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Tony ********
No, they're not your kids..simple
3 days ago
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Dava ***********
@Tony *******
 it really wouldn’t matter if they were his kids!
3 days ago
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Dava ***********
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Sherry *****
Maybe you could adopt them?
3 days ago
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Peter **********
When you say your “ Thailand wife” it makes it sound like you have more in different countries.

I think “Thai wife “ would be a better way of putting it. Unless you do have many wives in different countries.
3 days ago
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John **********
3 days ago
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John ********
If you are talking about your money and house or car then she will get everything done and the kids will only get what you leave for them in your will, as for your visa requirements if you apply for the retirement visa in England you don't need the
*****
0thb but you have to buy a medical insurance and get a police clearance also you will need to confirm your money
3 days ago
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Greg ***********
@John *******
 and when you apply for the 1-year Extension of Temporary Stay Permit from out of either a Non-O visa or a Non-O/A visa, the money needs to be in a Thai bank account in your sole name, seasoned for two months, and you need the bank letter to prove it
3 days ago
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Greg ***********
@John *******
 you are confusing Non-O visa with Non-O/A visa
3 days ago
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Greg ***********
@John *******
 sorry, but this is wrong. If you apply for the 365-days Non-Imm-O/A Longstay visa, or the 90-days Non-Imm-O Retirement visa in the E-visa system of the Royal Thai Embassy of your country, you will need proof that you have a minimum of 800.000.- THB or equivalent in a bank account in your name (and it doesn't matter WHERE this account is being held)
3 days ago
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Greg ***********
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Ralph *******
Are you worried about the visa or joint property?
3 days ago
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Jim **********
ORIGINAL POSTER
@Ralph ******
 only my visa
3 days ago
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Jim **********
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Paul *********
would your wife accept you if she could rewind her life back to be being childless and 20?
3 days ago
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Benjamin *********
@Paul ********
 look inward, brother. You're comment is irrelevant to the OP's question.
2 days ago
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Paul *********
@Benjamin ********
 its completely relevant, man is making sacrifice for someone who wouldn't even be there if she wasn't of age or with kids. You would never ever catch her trying to provide for and claim his children if he died first or making a post about it. Think deeper, your comment is the actual irrelevant one to the post - it was directed at me which has nothing to do with the point or post.
a day ago
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Paul *********
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Jim **********
ORIGINAL POSTER
@Paul ********
 probably not ☺
3 days ago
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Paul *********
@Jim *********
 at least you know youre the guy she settled for security after all of her fun
3 days ago
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Linnea **********
@Paul ********
 What a cynical narrative. We all find different people at different points in our life. And how do you know she didnt love the father of her children back then? Calling having 2 kids with someone ”having her fun” is so narrow minded and immature. Stop reading incel forums and go live in the real world where relationships sometimes end and new ones begin. It’s normal.
2 days ago
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Paul *********
@Linnea *********
 You're right, women happen to find 'different people' when they get older. Nature does its work and the men that had no chance at her 20s are suddenly useful for her retirement/marriage when shes 40 and its not out of love I promise you. It is narrow minded and cynical that women judge men based on height, materialism and his status against other men, but they do it anyway, they love comparing men and shooting for the best they can get. What I said is the truth and he agreed. What does her loving another man benefit the guy later on? I have 7 years of experience in Thailand and plentiful experience in the world. You're a woman so you think things 'just happen' for no reason because you're used to being led and a follower. What I said is NOT a narrative its simply nature of the beast, its reality, something you're not familiar with yet talk on the subject?
2 days ago
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Paul *********
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Oliver ********
Retirement visa
3 days ago
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Doug *********
I believe some immigration offices allow you to stay until the extension of stay expires. May give you some time to make plans and/or change the reason to being based on retirement. Best to check with your immigration office.
3 days ago
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Greg ***********
@Doug ********
 correct, the Extension remains valid until its expiry. He can change the reason from "being married to a Thai wife" to "retirement". That however requires 800.000.- THB in
@Jim *********
 Thai bank account as his Embassy is not issuing income affidavits
3 days ago
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Doug *********
@Greg **********
 correct
3 days ago
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Doug *********
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Cole *********
I'm going to guess you are over 50 years old if you're worried about the visa aspect then you can just switched to a retired visa. If you're worried about a property or cars that are in her name then the kids and parents get them even if you paid for them. Unless there is a will that says differently. Please seek legal advice from a lawyer as things change and I don't practice law. This is just what I've heard in the past from lawyers.
3 days ago
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Lu ****
Quickly find one backup。 Once ur current thai wife die, u marry another thai girl so she can sponsor you another long term visa.
3 days ago
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Ruth *******
@Lu ***
 what part of “if you have nothing nice to say don't bother speaking.” did you not understand? Are you really this desperate for attention? Did those likes and hahas fulfill you?
3 days ago
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Ruth *******
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Dmb *******
If you wife dies you marriage visa dies to simple
3 days ago
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Greg ***********
@Dmb ******
 only in the case of a divorce, the extension of stay permit expires as soon as a court verdict has been issued
3 days ago
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Greg ***********
@Dmb ******
 no, not true. He can max out the Extension of Stay Permit he is on
3 days ago
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Greg ***********
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Alina ********************
**************************************************************************************************************************************************************************************
3 days ago
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Dava ***********
@Alina *******************
 very helpful!
3 days ago
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Dava ***********
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Brandon ************
I'm not sure what you mean when you say "claim that you have children."

What does that mean? It doesn't have any relevance to anything. If you're asking about a visa, that only applies for children under 20 that you are the recognized birth parent of.
3 days ago
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Jim **********
ORIGINAL POSTER
@Brandon ***********
 thanks that answers my question.
3 days ago
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Lauren ******************
@Brandon ***********
 retirement visa assuming your over 50
3 days ago
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Jim **********
ORIGINAL POSTER
thanks, wish i had 800,000 baht ☺
3 days ago
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จอนห์ *******
@Jim *********
 best to message the admin of this FB Page / Group or Via Line app and ask them regarding the options of obtaining a 365 day extension on the grounds of a retirement extension
3 days ago
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Derek *****
Many agents that can help with that
3 days ago
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Derek *****
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