A friend of mine, married to a Thai.
Have their own home and is worried in case his wife passes away before him.
What can he do to protect his assets?
I suggested a 30 year lease from his wife.
No children involved but she has family here.
Suggestions and recommendations for a lawyer?
Cheers, Chris.
30 year lease
Re: 30 year lease.
As her husband, he automatically becomes the owner of the house on her death. However, he has just one year to sell the property.
Others have sold to a trusted family member with a view to remaining in the house.
There are a number of options available besides this. Lease, Usufruct, Superficies ........
Others have sold to a trusted family member with a view to remaining in the house.
There are a number of options available besides this. Lease, Usufruct, Superficies ........
Re: 30 year lease
Whether it's lease, usufruct or whatever.
He would still become the landowner on his wife's death and he would still have to sell the land within one year.
But, a lease or usufruct would protect his residency beyond the sale.
Finding a buyer for the land with a lease or usufruct on it would prove difficult. If he's unable to sell within the year as per the rules, it will be sold for him at auction.
He would still become the landowner on his wife's death and he would still have to sell the land within one year.
But, a lease or usufruct would protect his residency beyond the sale.
Finding a buyer for the land with a lease or usufruct on it would prove difficult. If he's unable to sell within the year as per the rules, it will be sold for him at auction.
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Re: 30 year lease
Interesting reading this. What happens then with regards my wife having a Will for her assets in Thailand as we do?
Re: 30 year lease
And be sure that Thai people know very well when a foreigner need to sell in one year. Most of the time, it will push down the asking price. It is like a good opportunity for buyers to use this deadline aas their own profit.
Re: 30 year lease
I think the Legal Execution Department (non-lethal ) will attempt a sale. But I don't think they will necessarily push too hard as it maybe wouldn't be seen as an urgent case.HHTel wrote:Whether it's lease, usufruct or whatever.
He would still become the landowner on his wife's death and he would still have to sell the land within one year.
But, a lease or usufruct would protect his residency beyond the sale.
Finding a buyer for the land with a lease or usufruct on it would prove difficult. If he's unable to sell within the year as per the rules, it will be sold for him at auction.
Re: 30 year lease
If a spouse dies and property owned is not leased etc, then as has been said, the surviving spouse gets ownership of the property. If that is a farang then he must sell in 1 year. The Thai wife of a friend of mine died some time ago. His solution was to 'sell' it to his young son (there is no age limitation). Hopefully, the son will be trusted not to kick his father out!!
If there is a lease then the leaseholder retains the property until the end of the lease. If a usufruct then that guarantees the farang's residence till death.
If there is a lease then the leaseholder retains the property until the end of the lease. If a usufruct then that guarantees the farang's residence till death.