Duel Ownership

[Shaygate]

Is it possible for a falang to have joint ownership of land with a thai citizen? My gf seems to think that if she (me/us) buy some land I can have my name on the chanote as well. 

[yozz]

Do not think so. i could be wrong but hypothetically  if you could get your name on the Chanote with your GF then you would have a 50% ownership, and as Farangs cannot own land in Thailand i cannot see how this can be achieved, you might be able to set-up some separate leasing agreement from your GF, but you would have to arrange a lawyer to do that legally, there are plenty of sites on the internet that give the info you seek, here is one,  https://www.samuiforsale.com/knowledge/thailand-land-title-deeds.html,

 

[Cerberus]

12 hours ago, Shaygate said:

Is it possible for a falang to have joint ownership of land with a thai citizen? My gf seems to think that if she (me/us) buy some land I can have my name on the chanote as well. 

No Farang, he or she cannot, however you need to have a look at Usufruct and Superficies as a means of securing some advantage.

 

[Shaygate]

35 minutes ago, Cerberus said:

No Farang, he or she cannot, however you need to have a look at Usufruct and Superficies as a means of securing some advantage.

 

Having heard of neither term it looks like they are principles in western law i guess a lawyer could tell me if they are applicable to thai law as well. 

One thought i did have as a potential solution is to buy it in her name, but also create a 30 year lease in my name which should  give me some security. What do you think? 

[Cerberus]

3 hours ago, Shaygate said:

Having heard of neither term it looks like they are principles in western law i guess a lawyer could tell me if they are applicable to Thai law as well. 

One thought i did have as a potential solution is to buy it in her name, but also create a 30 year lease in my name which should  give me some security. What do you think? 

Hi Shaygate, a usufruct, in Thai language, called "Sidhi-kep-kin", provides temporary ownership rights for use and enjoyment of the property along with an advantage of being able to reap the profits from property belonging to another as long as the property is not damaged or altered in any way. The person who enters into a contractual agreement with the owner for this right is called the "usufructuary". A usufruct will be registered in a similar manner to a lease of up to 30 years or for the life of the usufructuary.

Although the law does not prevent Foreigners from being able to apply to register a usufruct on a land it can still however  be subject to the discretion of the Land Officer.

Superficies is "a right to build upon another's land or in essence to register a house separate from the relevant land therefore permitting the building of a structure or a plantation".

Similar to a Usufruct, if a right of superficies is intended, it must be noted that once granted, the "superficiary", or the one who benefits from the right of superficies, must keep the land intact and remain in good condition.

I had been with my Lass for 7 years before we purchased our first property, it was her that brought both the above to my attention and asked for me to enter into one. I refused her offer as after 7 years of being together I felt she was entitled to some degree of security. It also gave me peace of mind as it was not my property so I had no fears of having it taken from me. 

Edited November 21, 2019 by Cerberus

[regyai]

But when is the duel?

[chris2004]

If she wants you out she can at any time by making your life hell, irrespective of any legal mumbo jumbo. A duel would do it as well.

Edited November 25, 2019 by chris2004

[Mr Wombat]

1 hour ago, chris2004 said:

If she wants you out she can at any time by making your life hell, irrespective of any legal mumbo jumbo. A duel would do it as well.

You have nailed it. If it is in a thai village, forget any legal paperwork if shit hits the fan. Better to walk away

[Pheat]

On 21/11/2019 at 10:31, Shaygate said:

Having heard of neither term it looks like they are principles in western law i guess a lawyer could tell me if they are applicable to thai law as well. 

One thought i did have as a potential solution is to buy it in her name, but also create a 30 year lease in my name which should  give me some security. What do you think? 

If you are buying land in Thailand for a Thai just right it off as a gift.’

if you can not do this don’t buy the land.

[regyai]

However being a competent duellist may help

 

[whitespider - RIP]

On 21/11/2019 at 04:23, Shaygate said:

Is it possible for a falang to have joint ownership of land with a thai citizen? My gf seems to think that if she (me/us) buy some land I can have my name on the chanote as well. 

Although I do not have the same level of knowledge as Cerberus here I think your gf might be referring to "registry of interest" stuff you can do at the land office.

Again I don't know the legal terms or wherewithal's but in essence

The registry of interest helps get the Yellow Book

It also ensures that should your gf pre-decease you then you have limited registration of interest (assuming she wills the property to you) of being able to remain in the property for 12 months and to find a buyer.

Can I stress I am NOT offering legal advice here, just offering an explanation as to where your gf might be misinformed.