The crucial bit of info that makes a massive difference to this scenario is... HAS YOUR WIFE DONE A WILL. It would appear as not. Also I'm basing the following comments on the assumption that you are entitled to 50% of the property under the 'marital assets' law.Lung Per wrote:My Thai wife and I just built a house in her village, estimated cost 1.2 million THB.
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?
With a will:
1) Your wife can not simply 'will' the property to her sons anyway if she has a legal spouse at time of death, she can only will her share in the property, ie: 50%.
Without a will:
1) The property is not yours to sell. Part of it belongs to her surviving relatives under the law. Wills couldn't be more important IMO.
2) The state will dissolve her estate to the 'statutory heirs' according to Thai Civil & Commercial Codes, which anyone can go google and read a translation in English.
3) They distribute her half of the property (assuming above 'marital asset' thing) to the statutory heirs AFTER weighing out the surviving spouse with said 50%.
4) Surviving spouse IS NOT one of the classes of statutory heirs (1. descendants, 2. parents, 3. brothers & sisters pump up the volume, 4. half-brothers & sisters, 5. aunts & uncles, 6. grandparents).... but said spouse is entitled to a share equal to other heirs in whichever class cleans up. Lower classes of statutory heirs are not entitled should an heir exist in a higher class bar one exception.
Sooo.... without a legal will (and based on your wife having 3 descendants), I believe you will be entitled (from the inheritence side of things) to a 25% share of her half share of the property. Plus your assumed marital asset 50% share. Interestingly, given there's a school child involved, it could be the case that your inheritence share is exactly equal to that of the child's Thai father (representing the child) who done the off at day one
From Thai Civil & Commercial Codes...
SJ
CHAPTER II
DIVISION INTO PORTIONS BETWEEN SEVERAL CLASSES AND DEGREES OF STATUTORY HEIRS
Section 1629. There are only six classes of statutory heir;and subject to the provisions of Section 1630 paragraph 2, each class is entitled to inherit in the following order:
1) descendants;
2) parents;
3) brothers and sisters of full blood;
4) brothers and sisters of half blood;
5) grandparents;
6) uncles and aunts.
The surviving spouse is also a statutory heir, subject to the special provisions of Section 1635.
CHAPTER III
DIVISION INTO SHARES BETWEEN THE STATUTORY HEIRS IN EACH CLASS AND DEGREE
PART II
SPOUSES
Section 1635. The surviving spouse is entitled to the inheritance of the deceased in the class and according to the division as hereunder provided:
(1) if there is an heir according to Section 1629 (1) surviving or having representatives as the case may be, such surviving spouse is entitled to the same share as an heir in the degree of children;
(2) if there is an heir according to Section 1629 (3) and such heir is surviving or has representatives, or if in default of an heir according to Section 1629 (1), there is an heir according to Section 1629 (2) as the case may be, such surviving spouse is entitled to one half of the inheritance;
(3) if there is an heir according to Section 1629 (4) or (6) and such heir is surviving or has representatives, or if there is an heir according to Section 1629 (5) as the case may be, such surviving spouse is entitled to two-thirds of the inheritance;
(4) if there is no heir as specified in Section 1629, such surviving spouse is entitled to the whole inheritance.
