Superficies is another way of owning property in Thailand without owning the land. The use of a usufruct is much better but this would depend on what your intentions are in Thailand. Much like the usufruct in Thailand. If you have no other property or investment to protect and only have the option of buying a house in Thailand but do not want you wife to have full control the superficies is another option.
Since you cannot own the property in Thailand being that foreigners are generally not allowed to own land. You can buy the land in the name of your wife and register a superficies over the property. This means that everything on the property belongs to you except for the land. You are allowed to start a plantation, build a house or whatever you wish to do with the land. These belong to you without owning the land underneath it. You may leave this is your last will and testament if it was agreed on that the superficies can be transferred to your heirs. You need to take legal advice on this matter.
Superficies in Thailand
You are normally allowed to own the property on the land for a period of 30 years or for your lifetime. This agreement much like the usufruct needs to be registered against the title deed of the property on which it is being done. Most times you don’t need to pay the taxes on it as you would simply get it from your wife for free. Taxes are only payable at the rate of 1.1% if money changes hands.
Consider all your options before deciding on a path of obtain legal advice.
- Prenuptial Agreement – Protects your property and investments in Thailand and abroad
- Usufruct – Protects the buildings and land you are building on only
- Superficies – Protects the property you are building on the land only
As stated before that if you have no other investments, property or another form of property or ownership such as a business then you have the option at looking at other simpler options in Thailand to ensure you always have a roof over your head after a divorce. These are the only two options which provide that protection other than a prenuptial agreement. Take legal advice about your property options in Thailand. You are best advised to take proper advice from a law firm in Thailand.