Can foreigners receive land in Thailand as a part of divorce settlement or divorce judgment in Thailand?
According to a 1999 Ministry of Interior regulation, foreigners cannot own land in Thailand. Even if a foreigner marries a Thai national, he or she cannot have ownership over the land in Thailand. If you bought the land during the marriage, the Thailand Land Department requires the foreigner to sign a legal document to specify that this land is a non-marital property having a separate legal personality, therefore, only the Thai spouse will solely have ownership over the land. However, in the divorce proceeding, the foreigner spouse can provide evidence to the court proving that such land was also bought by his or her funds and the land should be considered being the marital property. Once the land is the marital property, then the land should be sold and the proceeds of the sale should be equally shared between the spouses.