E-mail question; I read that a usefruct (สัญญาให้สิทธิเก็บกิน) can be canceled by the Thai wife in the case of divorce. Am I the husband (foreign) entitled to any of the land in a divorce and cancellation of the usefruct, can she cancel the 30 years lease or usefruct in a divorce??
Are you married?
If so, your relation with regards to personal and matrimonial property is governed by the civil and commercial code (property between husband and wife). Agreements between you and your wife (loan, usufruct, lease during marriage) cannot alter this and agreements made between husband and wife during marriage can be voided (section 1469)
When you acquire land in Thailand during your marriage then for the LAND OFFICE the land (because of foreign land ownership restrictions) must and will become a personal property of your wife. You must sign for that at the land office. After that she can register ownership and she as the sole owner can manage the property without your consent (sell, mortgage the property etc.).
In a divorce in court the judge will look further than the signed declaration at the land office and will divide property based on the principle system of the law (property between husband and wife). In a divorce procedure the land acquired during the marriage will not per definition be regarded as her personal property if you paid for it through a gift from your personal property.
If the usufruct or lease is canceled in a divorce it does not mean the property is allocated to your wife free of obligations. There are cases where land has been allocated to a foreign spouse with the obligation to sell within 1 year.
Note that your wife is also not per definition entitled to half of the property you bought during marriage. This partly subject to section 1472 civil code.
Article: expand your Thai legal knowledge (Phuket Law Online), originally posted on samuiforsale
