Thai National's Land Rights

[pufferfish]

Hello,

Does anyone know if a Thai national who marries a foreigner will keep the same rights to buy land or property?

I heard that perhaps they have a limit to what they can purchase once they are married.

Thank you for any help!

Edited May 6, 2007 by pufferfish

[lopburi3]

Once married to a foreigner the land must be signed as purchased with there own money and the foreign spouse must sign off that they understand the land does not fall into the joint marriage property rules. Other than that do not believe there is any change.

[otherstuff1957]

In the past, Thai women who married foreigners or took foreign surnames lost their property rights. That law was changed quite a few years ago and there are now NO RESTRICTIONS on the propery rights of a Mia Farang. Not all Thai's are aware of the current law and you may have your wife's friends and relatives giving her some bad info here!

The only difference between a Thai woman married to a foreigner and one who isn't, is that, when she registers the purchase of a new property, you will have to sign a release saying that the property is wholly hers and you have no claims on the property or the money used to purchase the property.

[pufferfish]

Thank you lopburi3 and otherstuff1957! That's cleared it up for me. I think some Thai's aren't clear that there are no restrictions now.

[thaigene2]

The only difference between a Thai woman married to a foreigner and one who isn't, is that, when she registers the purchase of a new property, you will have to sign a release saying that the property is wholly hers and you have no claims on the property or the money used to purchase the property.

You know this almost certainly would get thrown out by a court in any other country but Thailand. I mean why should the spouse of someone who is buying a property be required to go and sign this thing?

"Yes, my wife is buying a house. It's none of my business, and so no I won't be signing anything.."

Then what? I guess she can't transfer the house into her name? Ridiculous. What a stupid requirement.

Here's another scenario: My wife and I split up but don't divorce. She meets a new guy who wants to buy a house in her name, or maybe she's financially independent and wants to buy one on her own. I refuse to sign anything. Now what? Stupid.

[Mrkisskissbangbang]

I bought a house with a company a couple of years ago and recently decided to transfer it to my wife's name. I first had to remove our names from the company document and replace it with our lawyers. Then, we all went to the land office to make the transfer. I didn't go inside the land office, only my wife and our lawyer did. The transfer was made with no problems (my wife's name on the chanote) and I didn't have to sign a thing. However, my wife still uses her maiden name and the lawyer told me that she paid an extra 1000bt under the counter for "no problems". So, it plainly can be done!

[SamSipEt]

You know this almost certainly would get thrown out by a court in any other country but Thailand. I mean why should the spouse of someone who is buying a property be required to go and sign this thing?

"Yes, my wife is buying a house. It's none of my business, and so no I won't be signing anything.."

Then what? I guess she can't transfer the house into her name? Ridiculous. What a stupid requirement.

Here's another scenario: My wife and I split up but don't divorce. She meets a new guy who wants to buy a house in her name, or maybe she's financially independent and wants to buy one on her own. I refuse to sign anything. Now what? Stupid.

Get a life.

It’s the law in this country – if you don’t like it you can either put up with it (and stop moaning) or go and live somewhere else.

[sukanyacondo]

Ive got to agree its a stupid and unfair requirement and it would be thrown out anywhere else in the "west". I am assuming Thailand wants to become a first world country and they should change this but I can see as the majority here are on a low income that it would soon be bought up lock stock and barrel. I think some judgement should be made if you have been married for a long period of time for instance 8-10 years showing that you could not make a fast buck. Difficult to do though.

[jumnien]

Actually, many real estate investments in the West and stock investment plans, specifically at Morgan Stanley, require the spouse of the investor to sign, as well, even though they are investing no money themselves. This marriage thing can be more complicated than some people think worldwide.

[sukanyacondo]

Yes im sure you are correct, the unfair things are usually but not always that the farang has supplied the funds (im talking after marriage and registered)and though I accept if we split I will lose the land I can still keep half of the property ???? Its all very complicated, I do think they should make an allowance for marriages that last more than 8 years, only been married a short time now ,myself mind.In the west though after both have signed one does not end up losing the land and if Im married I accept its 50% each

I agree its their country and they make the rules and I abide by them when I can and when they dont twist them round to make it impossible. Its a difficult line to walk as some of us want a nice cheap country to live in but have to accept the downsides. It has taught me to be patient.

I didnt come here looking to live I came just for a holiday I have never been in a bar or met a bar girl somthing I must do ahhahaha I think my wife is curious too about bar girls. We must go to the areas farang swarm too as I have never been there and it looks interesting and the wife wants to see it too.

[MyPenRye]

Yes im sure you are correct, the unfair things are usually but not always that the farang has supplied the funds (im talking after marriage and registered)and though I accept if we split I will lose the land I can still keep half of the property ???? Its all very complicated, I do think they should make an allowance for marriages that last more than 8 years, only been married a short time now ,myself mind.In the west though after both have signed one does not end up losing the land and if Im married I accept its 50% each

I agree its their country and they make the rules and I abide by them when I can and when they dont twist them round to make it impossible. Its a difficult line to walk as some of us want a nice cheap country to live in but have to accept the downsides. It has taught me to be patient.

I didnt come here looking to live I came just for a holiday I have never been in a bar or met a bar girl somthing I must do ahhahaha I think my wife is curious too about bar girls. We must go to the areas farang swarm too as I have never been there and it looks interesting and the wife wants to see it too.

So, if I am reading well, the land cannot be owned by foreigners (I thought it was the king, but my pen rai ... pun intended). In any case, to make it a bit safer, wouldn't it be a good idea to make the wife look as if she is "carrying" the mortgage and the Thai terms (which must be more reasonable than for foreigners) then, keeping the mortage as big as possible (put as little down as possible and replay slowly, so that if the woman is really interested in the money more than the guy, then she will not make much and the guy will not lose much). Do they accept 5% down for Thais? It was stated that 20,000 Bath salary/month would be ok for a 2 million baths mortage (but the Japanese husband put a large downpayment),... and to qualify ... is it like in the west 33% of your income? I hope this has not been asnwered before. If not, my apologies.

[Dakhar]

Actually, if you look at in a different view. They do not have the same rights, they have more rights than your average Thai.

Because in case of divorce, they (the thai wife) gets it all. House, land etc. That is a better deal than your average Thai.

Now to be fair. the US has some laws on the books that could be construed as biased too. For example, an alien/forien spouse/non US citizen spouse can only recieve up to 1,000,000 USD in assets (excluding life insurance policy funds) tax free at the point of the US citizens/spouse death.

Over 1,000,000 the assets/money is taxed at 50%. If the spouse was a citizen then the assets/funds would be passed on without tax to the spouse.