Thai law allows for various legal methods to give “grantees” a right to use real estate, (referred to as “immovable property” under Thai real estate law) as leases, superficies (allowing the grantee to own buildings and other structures on land), usufructs (allowing the grantee the possession of, use of, or enjoyment of the benefits of an owner’s land), and habitation (allowing the grantee to reside on another’s land).
Some of the pitfalls of these rights for a grantee are that they are not easily transferable to third parties and are not readily available as collateral for a loan since the consent of the landlord is normally required.
A new type of real estate right has been created that may assist in providing more expansive rights to grantees.
The new right is known as a “Sap-Ing-Sith”. In addition to using the underlying property as they would under a normal lease, holders of a Sap-Ing-Sith can also transfer the right to a third party or use it as collateral for a loan without the need to obtain consent from the landlord.
Only land covered by a Chanote (a title deed in Thailand land law), buildings constructed on Chanote, and condos can benefit from a Sap-Ing-Sith.
A Sap-Ing-Sith is created by an agreement by the landlord and grantee in writing. The period of a Sap-Ing-Sith can last up to 30 years and must be registered with a Thailand land office, which will in turn issue a Sap-Ing-Sith certificate.
It seems the UK is closer than ever before to making prenuptial agreements legal.
There have been two different stories in the press this first week of February 2014:
Firstly, that the Matrimonial Property, Needs and Agreements paper is due be presented to the Justice Secretary prior to before Parliament.
The news comes as Family Law Week reports that this week the UK Courts enforced a prenuptial agreement that was being challenged by a wife seeking to overrule the agreement, however the Court decided after a careful review of the agreement, that it should be upheld, moving away from the more traditional stance of English courts in putting prenuptial agreements to one side.
However, it is unlikely this will become officially law until after the General Election which is due to take place next year.
In a Thailand prenuptial agreement, individuals can specify the properties involved and separate them into two categories joint property and individual property. Couples can also specify how finances will be managed during the marriage.
Prenuptial Agreements: US Law, Thailand Law and EU Law Compared
International Prenuptial Agreements: Conflicts of Law in the United States
European Prenuptial Agreements and the Hague Convention
Prenuptial Agreements in Japan – the Devil’s in the Details
Sadly, more marriages are now ending in divorce.
The issue of dividing assets is often one of the more contentious issues to resolve if divorce proceedings are not amicable.
If one spouse is feeling angry or resentful, they might be tempted to hide assets from the other.
Thailand divorce attorney, Jiraporn Thongpong explains, “concealment of marital assets occurs when one spouse, either before or during the divorce proceedings, takes action to hide or “use up” marital property such as removing possessions from the home or spending money in joint bank accounts”.
If this is a concern or issue, then it is important to take independent legal advice as soon as possible to protect your position.
Three sized pieces of foam, rubbish paper and candy wrappers were recently found inside the wall of a condo at The Base on Sukhumvit 77 in Bangkok. They were discovered when the owner tried to fix a rainwater leak reports The Bangkok Post.
This has now left others worried about the standards of construction of the building and is likely to put future potential purchasers off from buying here.
Buying a condo in Thailand is always a risky business because it is a buyer beware jurisdiction. When instructing a real estate attorney you should ensure they carry out full due diligence.
Read the full story here
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Thailand Real Estate Overview
A 17-year legal fight between two US law professors over their divorce and continuing disputes has drawn criticism from judges who say the pair are setting a bad example not only to future divorcees, but to present and future law students.
The battle has seen both Christo Lassiter and former wife, Sharlene Boltz call the police on the other, and both lose custody of their children. Many of the historic issues related to custody of the children, who are now 17 and 20 years old, whereas presents arguments center around money.
The date of the next hearing is September 6.
In Thailand divorce law, a divorce agreement, also known as a divorce settlement agreement, is a contract drawn between a divorcing couple that determines issues concerning the divorce such as: the division of shared property, child custody, visitation, alimony, and other marital issues. In general, in a court divorce case the parties may negotiate a settlement agreement with the assistance of a Thailand divorce attorney rather than pursue a full-on court divorce and wait for and accept a court judgment. In an uncontested administrative divorce at the Khet or Amphur the persons divorcing may also enter into a divorce agreement and have it made part of the official record.
Thailand Divorce Law
Marriage and Divorce in Thailand: When Love Turns Deadly
Thailand Marriage and Divorce: Thai Dream or Foreigner’s Nightmare?