What options are available for foreigners inheriting property in Thailand after the passing of a Thai spouse?

Feb 21, 2022
3 years ago
Gerry ********
ORIGINAL POSTER
Hiya folks, I recall someone posting info about property inheritance when a Thai spouse passes away. The law dictates that the house goes to the THAI next of kin and NOT to the non-Thai spouse. Someone posted that it is possible to apply for a document from the local district office to ensure the spouse has permission to live in that property indefinately even though they cannot own it. Cant find that post again. Any information would be most welcome. Not interested in expensive law firms.
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TLDR : Answer Summary
In Thailand, property inheritance for foreign spouses is complex, as the law typically favors Thai next of kin. To secure rights to live in the property, a foreign spouse can explore several options, such as establishing a long-term lease (up to 30 years with renewal options), obtaining a usufruct agreement allowing use until death, or having a Thai spouse draft a will bequeathing the property to them. Legal assistance is recommended to navigate these processes effectively.
Jim *****************
USUFRUCT agreement is what you are looking for.

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Steve **********
I was told that by a Thai attorney a decade ago, didn't need the info, but don't believe it's changed
John *********
Isaan lawyers handle all of those issues. Wills. Usufruct. Leases etc. Landlaw is complicated but can be inherited but must then be sold or transferred to a thai owner within 12 months

Things like leases and usufruct can protect the rights of the foreign party during their lifetime. Leases can also be passed on to Heirs

Hope this assists.

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David *********
Set up a long term lease with your spouse
Adrian ******
So many different options on the same thing. Which goes to show you need to go to your local solicitor & find out what they can do & there understanding of laws & rights
Dave **********
My Thai Wife keft me as benifacory and executor. Tittle Deeds, Chanote, were changed to my name as Executor, by Court Order, at the Land Office.

Executor gave me total control and is legal as it's not ownership. I held one chanute for 15 years in that status. Of course when the land was sold the money went to me. I hand real lawyers draw up the Will and they represented me in Probate Court. Total time in court 45 minutes and btw the judge only looked up when asked how long married and replied 31 years,
David ********
Its possible to get a userfruct, right of use till death at the land office where the house is registered. ( with the wifes permission and permission at the land office )
John *******
@David *******
- I paid off my mortgage this year and set up a userfruct with a lawyer. I sleep well ;-)
กะลาสี *****
I'm farang married to a Thai woman and I've been thinking about buying a house with my wife. I consulted an attorney about who gets the house if my wife were to precede me in death. The attorney told me that if my wife were to die the court would give me 1 year to sell the house and I alone would receive all proceeds from the sale. However, if I were you I would seek competent legal counsel on this matter and not hearsay from a FB group. Good luck with your endeavors!
Dave **********
@กะลาสี ****
yes pay for real legal representation and see my other post on how it worked in my case.
Peter *********
Go see a lawyer and get thai spouse to leave all to you in a will if she passes 1st though you will then have to put house in a company name then 😉
Kool *******
How that is done is with a lease. When set up a property can be leased to a foreigner, and in this case the spouse, for 30 years, with option to renew once for another 30 years, no matter who ownership is transferred to.
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