30 years ? Can sell the property while renting for 30 yrs ?

Ask here about the pleasures and pitfalls of buying, selling or renting property and real estate in Hua Hin. Building, design and construction topics welcome. Commercial or promotional posts for real estate companies or private properties are forbidden.
Johan
Suspended
Suspended
Posts: 474
Joined: Thu Jun 17, 2010 11:12 pm

30 years ? Can sell the property while renting for 30 yrs ?

Post by Johan »

Hello,

My wife is worried as if happen something to her as the home is in her name i will have difficulties to stay here and resale my home in the future.

Well, can i "rent" for 30 yrs and have a 30 yrs security AND SELL the home and cancel the 30 yrs renting when my wife and me want to move to another home ?

Right now everything is in her name, well, i paid for everything but this is Thailand. If she have an accident i don't want to loss my home and even if i can't sale the home at that moment i will stay here for 30 yrs or rent it to someone to make some cash.

But we are people who like to move, we like to change our home every 12-24 months. I don't like to stay at the same place for very long. So, question : Rent for 30 yrs from my wife possible if we want to sell the property 6 months later ? It's just for my own security.

Thanks.
lindosfan1
Deceased
Deceased
Posts: 4069
Joined: Wed Mar 05, 2008 1:26 pm
Location: uk

Re: 30 years ? Can sell the property while renting for 30 yr

Post by lindosfan1 »

Sell now and move to troll land :neener:
Woke up this morning breathing that's a good start to the day.
Arcadian
Ace
Ace
Posts: 1860
Joined: Sat Jul 12, 2008 12:35 am

Re: 30 years ? Can sell the property while renting for 30 yr

Post by Arcadian »

Blimey! something you don`t know.
User avatar
pharvey
Moderator
Moderator
Posts: 15754
Joined: Sat Aug 29, 2009 10:21 am
Location: Sir Fynwy - God's Country

Re: 30 years ? Can sell the property while renting for 30 yr

Post by pharvey »

lindosfan1 wrote:Sell now and move to troll land :neener:
:lach: :dance: :dance: :lach:
"Hope is a good thing, maybe the best of things" - Yma o Hyd.
User avatar
JimmyGreaves
Legend
Legend
Posts: 2923
Joined: Mon Oct 17, 2005 5:06 am
Location: HuaEireHin

Re: 30 years ? Can sell the property while renting for 30 yr

Post by JimmyGreaves »

Johan

I would just live in it as long as you want then when your ready to move buy another house and put it in her name, if you want to move again just do the same. Don't worry about the money as long as you have the wife that's the most important thing, try for a few kids and you will then have a purpose in life with a few responsibilities . Remember money cannot buy you happiness! Go for it, you only die once!
Diplomacy is the ability to tell a man to go to hell so that he looks forward to making the trip
User avatar
Super Joe
Rock Star
Rock Star
Posts: 4929
Joined: Fri Sep 22, 2006 1:43 pm

Re: 30 years ? Can sell the property while renting for 30 yr

Post by Super Joe »

Johan,

Yes, you should register a 30 year lease, or lifetime Usufruct (although possibly a bit optimistic given your ability to upset Thais :wink:), at the land office, then if anything happens to your wife, whoever acquires the property has to honour your right to live there. It's Thai law and not some private agreement that can be wriggled out of.

When you both want to sell, you just cancel the lease.

And if you haven't already got them, you should have wills drawn up, or at least she have one that leaves the property to you. Without one you do not inherit the property if she passes away under the law, even if legal spouse, farang or Thai. Without a will spouses have to share it with the deceased persons kids, parents, brothers/sisters, aunts/uncles, pool table shop managers etc. And you can imagine how easy trying to share with the in-laws will be for a farang :shock:

SJ
User avatar
pharvey
Moderator
Moderator
Posts: 15754
Joined: Sat Aug 29, 2009 10:21 am
Location: Sir Fynwy - God's Country

Re: 30 years ? Can sell the property while renting for 30 yr

Post by pharvey »

This has been gone through previously I'm sure, but can't seem to find it. SJ - with both my wife and I being foreigners, how could I (or can I) obtain a ''Lifetime Usufruct''. Currently have a 30 year lease, with the usual promise of an additional 30 plus 30 years.....
"Hope is a good thing, maybe the best of things" - Yma o Hyd.
User avatar
Super Joe
Rock Star
Rock Star
Posts: 4929
Joined: Fri Sep 22, 2006 1:43 pm

Re: 30 years ? Can sell the property while renting for 30 yr

Post by Super Joe »

pharvey wrote:This has been gone through previously I'm sure, but can't seem to find it. SJ - with both my wife and I being foreigners, how could I (or can I) obtain a ''Lifetime Usufruct''. Currently have a 30 year lease, with the usual promise of an additional 30 plus 30 years.....
You can Pete, but you would need the landowner to agree to it, assuming that there's nothing in your lease agreement allowing it, and if yours is who I assume it is, she would no doubt charge a nice fee if deciding to do it. You would want it alongside the lease as they both have certain rights that the other doesn't, so a bit stronger.

SJ
Johan
Suspended
Suspended
Posts: 474
Joined: Thu Jun 17, 2010 11:12 pm

Re: 30 years ? Can sell the property while renting for 30 yr

Post by Johan »

Thanks for the responses Super Joe.
Rider
Ace
Ace
Posts: 1169
Joined: Sun Apr 17, 2005 9:13 am
Location: Terra

Re: 30 years ? Can sell the property while renting for 30 yr

Post by Rider »

Johan wrote:Hello,

My wife is worried as if happen something to her as the home is in her name i will have difficulties to stay here and resale my home in the future.

Well, can i "rent" for 30 yrs and have a 30 yrs security AND SELL the home and cancel the 30 yrs renting when my wife and me want to move to another home ?

Right now everything is in her name, well, i paid for everything but this is Thailand. If she have an accident i don't want to loss my home and even if i can't sale the home at that moment i will stay here for 30 yrs or rent it to someone to make some cash.

But we are people who like to move, we like to change our home every 12-24 months. I don't like to stay at the same place for very long. So, question : Rent for 30 yrs from my wife possible if we want to sell the property 6 months later ? It's just for my own security.

Thanks.
Leasing always seems like a scam to me, you either buy the land and if you can't buy it, get a lifetime lease (that lasts for your life!). If you can't do that, RENT!
Leasing is more beneficial for the younger folk amoung us, (if it's a lifetime lease deal).
Johan
Suspended
Suspended
Posts: 474
Joined: Thu Jun 17, 2010 11:12 pm

Re: 30 years ? Can sell the property while renting for 30 yr

Post by Johan »

I have a wife and a baby, renting price increase every year, with the actual economy after 8-10 years you could buy the full property, after this delay even if someone want to take your property you still be the winner of the story. I bought it a year ago, saved arround 300 000 bahts in rent.

The only problem is if my wife have a problem, what would happen to my property, i believe people will try to take it from me. So i want a security in case this happens, at least i will have it for 30 years, it's better than nothing.
poosmate
Ace
Ace
Posts: 1033
Joined: Sat Jun 12, 2004 7:30 pm
Location: hua hin

Re: 30 years ? Can sell the property while renting for 30 yr

Post by poosmate »

Leasing always seems like a scam to me, you either buy the land and if you can't buy it, get a lifetime lease (that lasts for your life!). If you can't do that, RENT!
Leasing generally is just a vehicle to enable a foreigner rights to land. In most cases in a new build there is no 'rent' paid as it is included in the house/land price so no scam there.
Most developers would be happier if their clients were able to buy the freehold or obtain a lifetime lease ( 30 year max presently ) as future tax and other problems would be avoided.
As for renting long term as Johan points out is throwing money away as the rent will pay for a house/land in maximum 10 years.
Some that bought houses in the last 5 years in Hua Hin have made a considerable profit and this trend continues in my opinion as Hua Hin is still a growing market for most developers of quality.
no more dePreston
Pagey
Legend
Legend
Posts: 2214
Joined: Mon Aug 30, 2004 5:14 pm
Location: On the beach

Re: 30 years ? Can sell the property while renting for 30 yr

Post by Pagey »

SJ Wrote : Without a will spouses have to share it with the deceased persons kids, parents, brothers/sisters, aunts/uncles, pool table shop managers etc.

:lach: :lach: :lach:

It wasn't wasted SJ..............................
'If you didn't have a wasted youth you wasted your youth'

Man in pub circa 1987.
cookmanchef
Professional
Professional
Posts: 280
Joined: Wed Oct 24, 2007 1:43 am

Re: 30 years ? Can sell the property while renting for 30 yr

Post by cookmanchef »

Like it!
User avatar
Super Joe
Rock Star
Rock Star
Posts: 4929
Joined: Fri Sep 22, 2006 1:43 pm

Re: 30 years ? Can sell the property while renting for 30 yr

Post by Super Joe »

Rider wrote:Leasing always seems like a scam to me, you either buy the land and if you can't buy it, get a lifetime lease (that lasts for your life!). If you can't do that, RENT!
You'd be scamming yourself if you rent mate!! :D

Say a 5m Baht place, you rent it for 25k/month and stick the 5m in the bank. The seller was offering you a 56% discount on the rent from day 1, ie: 5m over 30 years = 14k/month, but more importantly inflation proofing the deal by freezing your rent at 14k.

Leaving lifetime rights to one side and just looking at 30 years and you're both told to leave, the buyer isn't walking away from their 5m investment, but walking away with 23m Baht in saved rental fees to start over. The renter kept hold of his initial 5m capital, but that got used up after 12-14 years due to inflation, and then had to spend an additional 18m in rents, and walks away all scammed-up to my thinking???

After 30 years of 5-6% inflation on the property prices, less than the last 30, and the monthly rental goes from 25k to 135k a month, so you have to keep that income rolling in month after month, without hiccup like exchange rate crashes, medical disasters, divorces etc. If your business goes tits up 10, 15, 20 years into it and you had bought, there would be sizeable equity to borrow against or sell on the lease (albeit a very diminished one), but still enough to carry on. If you're renting there's no equity.

Look at 40 years and it gets really daft, the 18m in rents goes up to 40m... unless I've got me figures ar$e-about-face, or left something out of the equation :?

SJ
Post Reply