Selling House after Death of Wife?

[Lung Per]

My Thai wife and I just built a house in her village, estimated cost 1.2 million THB.
My name is not on the house book, the Amphur clerks are anti-farang and not helpful.
In case of her untimely death (Lawd forbid), I want to sell the house and retrieve my cost.
She wants the house to be passed on to her sons, two of which work and live in Bangkok and one still in school, not of age.

QUESTION: Can I sell the house and retrieve the cost, or must I pass it on to her family?

A brief and non-speculative but factual advice is appreciated. Thank you.

[Nereus]

I have been through it many years ago. My advice is to write off the money now. Do not do what I tried and spend another Million Baht trying to get it back!

[jingjoe]

if she is your legal wife, you have 12months from her death to sell the house,all monies go to you as the spouse.Thai law recognizes husband/wife and even in divorce its 50/50 of anything accumalated during marriage(not before).

[Nereus]

if she is your legal wife, you have 12months from her death to sell the house,all monies go to you as the spouse.Thai law recognizes husband/wife and even in divorce its 50/50 of anything accumalated during marriage(not before).

I am sure that you have posted what you believe in good faith, but believe me, it does not work in practice! A legally drawn up will certainly would help, but it only takes one person out of the remaining "heirs" to lodge an objection with the courts, and you are looking at 10 years for it to work it`s way through the Thai legal system, with no guarantee that you will win at the end of it! The OP has already stated that his wife wants her kids to have it, and she is still alive!

[jingjoe]

Its not what i believe its thai law, your circumstances may be an unusual occurence,i am stating the facts.It didn't happen with you in practice but it doesn't mean you are the majority.

[BingoBango]

Always get things drawn up at the earliest opportunity. Ideally before it was built. But get it drawn up now. The house is nothing to do with her sons

[jingjoe]

A foreigner can't own the land that the house is built on,therefore you have 12months to sell and occupy property before it goes to her relatives,why not make a will and agreement with your wife that if she dies you will sell the property and give half the proceeds to you and the other half to her children,same as if you were divorced,this might appease the issue.

[Lung Per]

Thanks y'all.

[buksida]

Thai law does stipulate that marital property is split 50:50 in the event of a death or divorce regardless of the bullshit document you have to sign at the land office. However you need a damn good lawyer and a sympathetic judge to get your half.

To further your chances she would need to make an official Will in Thailand leaving the property (or at least half of it) to you however since her intentions are to give it to her children it seems that it is unlikely she'll do this - and in fact may have made one already leaving it to them.

As stated above writing it off and not investing anymore is the only real option, you can always hope that you cark it before she does!

[Nereus]

I want to sell the house and retrieve my cost.

All you experts that have not been down that road, READ what the OP has asked!
What may, or may not be written in the law, comes under the same filing system as driving down the wrong side of the road, or any other of the "laws" in Thailand that can and will be interpreted as the Judge sees fit!

[nanyang]

My Thai wife and I just built a house in her village, estimated cost 1.2 million THB.

You'll waste a fair chunk of (13,000GBP/20,000$) on lawyer's fees.

Your wife has already said she wants it to go to her sons.

If they don't want you to have it you will have to go to court to try and get your money.

Life's too short - forget about it.

[BingoBango]

What about a bulldozer and turning it into a pile of rubble for the lads to have.

[ste860]

What about a bulldozer and turning it into a pile of rubble for the lads to have.

this might not be the sensible way to go about things ,but i have seen this done 3 times up in and around roi et twice by a digger and once by fire

[richard]

AND, the MIB will get you before you get to the airport

[Lung Per]

Easy y'all - she ain't dead yet and statistics show that she'll most likely outlive me. So the question is highly hypothetical. I just wanted to know my options - in case. Thanks for your responses. Much appreciated.