You should consider property in Marriage.If you are married to a Thai and you are thinking of moving to Thailand and building a house in the village of your wife then consider all the options. There are many stories in rural Thailand of foreigners who lost everything in the village as their Thai wife strayed. Yes, I know that is not you however nothing is impossible in the realm of things. Always ensure that you are covered in the event of everything going South.
Property in Marriage
Building a House
This is one of the most common practices in Isaan and also the most risky as foreigners can’t own land the house and land goes into the name of their Thai wife.
Having a leasehold agreement with your wife make little sense legally and the Land Office more likely than not will not register such a lease. You best option is to register a usufruct which then gives you the right to live on the property for the rest of your life. This is a very good option. You might consider another option being a superficies. This is where you wife owns the land you and you own the house and buildings built onto the land. This is not very common yet with expats and many simply believe that nothing will go wrong.
Many wake up to the nightmare of a divorce and the loss of their home. Starting out from scratch in the West when you are older is not a good end to retirement. Also remember that when your wife dies the house will go into the estate and you are not allowed to own the property you are living in. The government will then provide a timeline for when the property has to be sold. With the usufruct over the property you do not have these types of worries either. It is strange when you consider how many expats think that they will die before their Thai wife.
Renting a House
Much like above you can take a usufruct over a property or register a 30 leasehold over the property you wish to buy. Many expats live month to month however if you are looking long term then you best served by looking at a long term agreement. The long lease will be registered against the title deed in Thailand and there is a cost involved. The cost of the leasehold is normally 1.1% of the value of the lease agreement. Speak to a property lawyer in Thailand about this. Property in marriage should always be looked at.
Also note that certain title deeds in Thailand cannot be sold or leased. Some of these are lesser than a lease and it is only a certificate with the right to habitation and the holder is not really the owner of the land. You need to check this when deciding to settle in Thailand. There are still thousands of Sor Kor Nung certificates in Thailand as well as so be careful before you commit to anything.
Speak to a property lawyer in Thailand when you are not certain.
