House Ownership With TH Wife ???

[moonseeker]

Good morning:

 

Thank you for helping m out here.

 

1) Can a foreigner co'own a house and land it's on with a TH wife, registered officially on Chanode?

 

2) What happens if wife dies? Can foreigner keep ownership? What are procedures?

 

3) Anybody with an English  link to the Civil/Commercial TH law where I could read up on this.

 

Any responses much appreciated.   

 

Regards.

 

 

MS>

[Sheryl]

(1) NO. making #2 non applicable.

 

What you can do:

 

Own or co-own a condo

 

Lease a house and or land from your wife, though in practice all sorts of problems can occur with that approach

[Peterw42]

You can own 49% of a company that owns the house/land, its more a loophole than official land ownership.

 

You can own a condominium outright 100%.

 

Many legal websites with information

 

https://www.justlanded.com/english/Thailand/Thailand-Guide/Property/Legal-restrictions

[lopburi3]

Actually husband can inherit house but it must be sold within a year.

 

 

[blackcab]

1. No

 

2. If your wife dies and you inherit her land then you have 1 year to sell the land. In the meantime the land should be registered as being under the control of the executor of the will.

 

Realistically, however, people take longer to dispose of assets and that isn't a problem.

 

Those with Thai children often sell the land to their children. There are much reduced fees for this.

 

3. You need to read the Land Code Act, Section 94. This law is not contained in the Civil and Commercial Code.

[moonseeker]

Now I am even more confused ????  Thanks for the responses so far.  MS>

 

http://library.siam-legal.com/thai-law/land-act-2497-limitations-of-foreigner-rights-sections-86-96/

[BritManToo]

Rent don't buy.

You can't own it, and she'll divorce you and try to keep it if you buy it outright.

Best bet, is wait until you've had a DNA tested child, then buy it in the kid's name with you named as guardian.

Edited October 17, 2019 by BritManToo

[blackcab]

3 hours ago, moonseeker said:

Now I am even more confused

 

What are you confused about? The law is very specific: Non-Thai people cannot own land except in very limited and restricted circumstances.

 

If, as a result of inheritance, a non-Thai person becomes the owner of land then they have a fixed time period to dispose of the land.

 

The land can not be retained by the non-Thai person as it is not lawful for non-Thai people to own land in Thailand (except in very limited and restricted circumstances).

 

Section 94 states the above in fewer words, but with the same meaning.

[billd766]

3 hours ago, BritManToo said:

Rent don't buy.

You can't own it, and she'll divorce you and try to keep it if you buy it outright.

Best bet, is wait until you've had a DNA tested child, then buy it in the kid's name with you named as guardian.

I knew that long before I paid for one half of the land (my wife owned the other half anyway).

 

I paid for the house to be built knowing that I could never own it.

 

When my wife dies (assuming that she dies before me) the house and land go to our son and yes I am his Dad and legal guardian.

 

I have to live somewhere and the house and land are paid for so I don't pay rent.

 

If we divorce then I will lose far less than I did in the UK when I divorced and I ended up living with a friend when I was not working.

 

And do you know what?

 

I knew all of this before I married my Thai wife 19 years ago and I don't care what anybody else thinks about it either.