Thai law re property ownership following death of spouse

[Jimmy Canuck]

Hi all. Getting ready to buy a condo in Cha am, joint ownership with myself and common-law partner. We have been together 11 years, own 2 condos here in Canada already. We both hold Canadian passports(she's been in Canada over 30 yrs), but my thai partner will also have thai nationality soon as she will hold a thai ID card. There is no question of trust between us, but I want to know if her family in Thailand would have any rights to the condo if something happened to her? I have read some posts about the thai partner's family having rights to property b4 the falang partner, but I'm pretty sure that was not in this kind of situation, where we will be buying a Foreign Ownership Freehold condo and registering as such @ Land Office. Really need solid answer to this, although I think in the case of foreign ownership it would be safe... If I was in Thailand now I would trot off to a law office and ask, but I'm not there till after deposit will be in. Thanks much, Jimmy Canuck.

[Big Boy]

There'll be an expert along soon, but my understanding is that you need a good will, detailing exactly what you and your wife's wishes are.

[johnnyk]

Jimmy, unlike land you can own a condo in your own name with right of sucession or in both names. The family would not be able to do anything about it.

[hhfarang]

^ Yes, correct... plus if you want to be certain, get a competent lawyer here to draw up a Thai will for both you and your wife stating that the survivor gets sole ownership of the condo.

[Nereus]

Jimmy, unlike land you can own a condo in your own name with right of sucession or in both names. The family would not be able to do anything about it.

Sorry, johnnyk, but you cannot make a blanket statement like that. Believe me, I have been through it and it has taken more than 10 years without a result.

Basically you are correct, BUT the OP has stated that his spouse is common law, which, despite whatever you may be told, is hard to prove in Thailand. The ladies family COULD make a claim against HER share of any property.

The best advice is that given by Big Boy, and that is a Will, drawn up in both Thai and English, properly notarised, with an administrator appointed by both of you. And as the marriage may not be considered legal in Thailand, you both should have separate wills. You should also have seperate wills for your property in Canada. And I should add that it is worth whatever it costs to have them done professionaly, NOT use some standard form from the local bookshop.

[Jimmy Canuck]

Many thanks to all 4 of you for your input... Yes we are common-law, condo will be in both names equally, foreign-ownership-freehold. johnnyk thinks it's safe, hhfarang concurs, suggests will, to be safe though. perhaps Nereus you could elaborate? 'been through it' etc.. was that with a foreign ownership condo or something else? And for everyone -would her Canadian nationality/passport not play into this equation? Hoping for some more posts, as every bit helps! Check back tomorrow. Jimmy Canuck

[johnnyk]

I missed the 'common law' part of Jimmy's question. I assumed fully legally married but common law does throw a curve. Buy the condo 100% in your name or give your partner a 50% share via a mortgage held by you. Its paperwork but could be a firewall between you and the relatives.
I think your partner should act as a Thai national in this case, using Canadian status in the transacrtion might complicate things more than necessary.

[Nereus]

Jimmy Canuck:

No, it was not a Condo, but property all paid for by me.

The point that I would like to make is that you are dealing with the law in a foreign country, which has NO connection with what you may have had experience with, or even consider a "fair" deal.

My relationship with my late wife was also defacto, she had written a will, which the Courts would not recognize because they claimed it did not comply with the "Law".
After 10 years and who only knows how much money, the "family" sold the house despite the Court eventually granting me 50%. The fact that they are in Contempt of Court does not bother them, OR the so called "lawyers" that represented both them, and myself.

Tread carefully Mr. Jimmy. ( I have a lot of time for Canucks, very like Australians in some ways. But just remember what one of them told me a long time ago: "you can tell a Canuck from a mile away, but you cannot tell him anything up close"! )

[Jimmy Canuck]

I missed the 'common law' part of Jimmy's question. I assumed fully legally married but common law does throw a curve. Buy the condo 100% in your name or give your partner a 50% share via a mortgage held by you. Its paperwork but could be a firewall between you and the relatives.
I think your partner should act as a Thai national in this case, using Canadian status in the transacrtion might complicate things more than necessary.

Thanks Johnny, but I would think if one of 2 names on Title was a Thai national that could be more problematic? The idea being that since it's a 'foreign ownership' purchase by 2 canadians there would be some protection there...perhaps you could explain, but either way many thanks again for your input! Jimmy

[Jimmy Canuck]

Jimmy Canuck:

No, it was not a Condo, but property all paid for by me.

The point that I would like to make is that you are dealing with the law in a foreign country, which has NO connection with what you may have had experience with, or even consider a "fair" deal.

My relationship with my late wife was also defacto, she had written a will, which the Courts would not recognize because they claimed it did not comply with the "Law".
After 10 years and who only knows how much money, the "family" sold the house despite the Court eventually granting me 50%. The fact that they are in Contempt of Court does not bother them, OR the so called "lawyers" that represented both them, and myself.

Tread carefully Mr. Jimmy. ( I have a lot of time for Canucks, very like Australians in some ways. But just remember what one of them told me a long time ago: "you can tell a Canuck from a mile away, but you cannot tell him anything up close"! )

Appreciate the sharing of info very much Nereus. I wonder was your Will that the courts would not recognize done in Thailand? If done there by Thai lawyer it must hold up... but that would be a 'fair' deal, which we maybe can't count on. Got it. Thanks, Jimmy.

[johnnyk]

I missed the 'common law' part of Jimmy's question. I assumed fully legally married but common law does throw a curve. Buy the condo 100% in your name or give your partner a 50% share via a mortgage held by you. Its paperwork but could be a firewall between you and the relatives.
I think your partner should act as a Thai national in this case, using Canadian status in the transacrtion might complicate things more than necessary.

Thanks Johnny, but I would think if one of 2 names on Title was a Thai national that could be more problematic? The idea being that since it's a 'foreign ownership' purchase by 2 canadians there would be some protection there...perhaps you could explain, but either way many thanks again for your input! Jimmy

Jimmy, it was just a thought with regard to keeping things simple. Thai bureaucrats often cannot deal with things if they are not A-B-C-...
And don't worry about the legal bill. Peace of mind is worth a lot when its a big purchase.
Chok dee!