Buying Land In Bangkok

[lovecam]

can anyone answer a question for me. we are going to buy land in my wife's name in thailand. she is thai i am english. the money will come out of our joint account. is that ok or do i have to sign a form to say that the money is all hers?

does anyone know what is the procedure?

thanks

[dr_Pat_Pong]

You will have to sign a form prior to settlement acknowledging that the funds are hers alone, and relinquishing all or any claims to the land.

[ProThaiExpat]

No forms are required if not married in such a situation.

Does marriage actually convey some rights to land that non-marriage doesn't?

Ie. If a farang husband gives the money to the wife and doesn't sign the documents Dr. Pat referes, does this give him some rights over the land he doesn't own?

[lopburi3]

Believe poster is indeed married as he mentions that it is his wife.

No. Being married does not provide him any rights to land.

The Land Registration Office will most likely not accept the land transfer without his signing paperwork. In any case they will have it on record that the money used to buy the land was hers alone (from paper she signs) and thus the land is not part of the joint marriage property.

[Richard Hall]

Does marriage actually convey some rights to land that non-marriage doesn't?

Not at the very moment but Thai legislation looks ahead to the case that the Thai wife and owner of the land dies and the foreign husband tries to get hold of the land by simple heritage.

A Thai female getting married to a foreigner (and adopting his name what used to be the law) principally lost her right to acquire land. In the meantime things have changed a bit and taking on the husband's name is not mandatory anymore. Nevertheless, it can surely be found out easily if and to whom someone is married particularly if the usual documents (ID and Tabien Bahn) are presented.

If a foreigner is in the play well, land can be acquired by the Thai wife but

- proof must be provided that the money is actually hers and not just handed over/lended or whatever by the foreign husband

- the foreign husband must sign a document that he accepts that in case his wife dies he can not make any claims of ownership

One can surely try to file a law case but one issue surely has to be always kept in mind. Soil is unmovable property and can not be removed and taken to another country. Imagine a foreigner actually manages to get hold of Thai soil in his name and is legal owner but does not get a visa issued anymore or all of a sudden a new law is being established and so he is principally indeed the proud owner of a piece of land but can not access it and/or sell it - in that case that property is as much useful as owning some piece of the moon.

What does being the owner of land in a country you are not a native of actually mean? Well, there are surely international laws but frankly said when the "s... hits the fan" national law beats them. If a government gives a darn about international protesting, bitching, moaning... so what, does that actually change particularly if the protest is just verbal and not backed up by more harsh movements. Under these circumstances land ownership is always hypothetic because what looks good and secure today may change tomorrow significantly just by making a tiny little change of current laws.

Today a foreigner can buy some land in Thailand up to a limited size (1 rai as per my knowledge) for personal dwelling purposes if the basis (= enough financial back-up) is right. Tomorrow, however, things can be already different and well "rights" is just a word anyway. "I have rights too!" said the rabbit with firm voice to the lion. "Absolutely correct, with due respect" was the response. Then the lion grasped the rabbit ate it in one piece and burped... Why all the fuzz about land ownership by foreigners in Thailand and even establishing a company for this only purpose? On the paper all may look fine and secure but in reality Thai citizenship is the only way for a foreigner to become land owner but if someone has become a naturalizedThai and hence is not a foreigner anymore well, the conclusion can only be foreigners can never really be the actual and secure owners of Thai soil. Thailand is the property of the Thai people as one can hear several times a day in the Thai national anthem and obviously this is not going to change not even with all the tricks commonly applied.

[taxexile]

i bought some land in samui in my wifes name.

i wasn't asked to sign anything and nobody wanted to know where the money came from.

at some stage she will lease the land to me on the 30 year thing.

[ka12345]

i bought some land in samui in my wifes name.

i wasn't asked to sign anything and nobody wanted to know where the money came from.

at some stage she will lease the land to me on the 30 year thing.

Did she get land title documents?

Is your marriage registered/did she change her last name?