Is Thai wife's consent required when foreigner buys a condo in his own name and with his own money?

[omnipresent]

I've been searching around for answers and have been getting conflicting information.

 

Can anyone answer the question based on their experience?

 

If the wife's consent really is required, where is the form obtained? Is there any link to download it?

 

[couchpotato]

Not required. 

Use your own passport, and of course the money has to be shown to come from outside Thailand.  Remember the Condo building you buy into should have foreign quota available, unless you buy from another foreign owner. 

[Captain Monday]

Where would one come by such a thought? ???? ???? ????

Edited October 4, 2023 by Captain Monday

[Peterw42]

Thai wife's consent isn't required, but I think you will find the condo would be considered a marital asset, subject to 50/50 split in divorcee etc.

Maybe you are thinking about a document to make it not a marital asset, similar to what foreign husbands sign when a Thai wife buys a house during marriage

[TimeMachine]

2 hours ago, Captain Monday said:

Where would one come by such a thought? ???? ???? ????

Because of a lot of silly rules in all sorts of countries. You gotta cover all your thoughts and bases these days. For example , the mandatory need for seatbelts in cars.

[LukKrueng]

12 hours ago, omnipresent said:

I've been searching around for answers and have been getting conflicting information.

 

Can anyone answer the question based on their experience?

 

If the wife's consent really is required, where is the form obtained? Is there any link to download it?

 

Yes it is. When you transfer ownership at the land office they'll ask if you are married, if you say yes they'll need her consent. It's not only for foreigners, also for Thai citizens.

However, they don't check any records so you can simply say you're single and that's that.

[wwest5829]

7 hours ago, Peterw42 said:

Thai wife's consent isn't required, but I think you will find the condo would be considered a marital asset, subject to 50/50 split in divorcee etc.

Maybe you are thinking about a document to make it not a marital asset, similar to what foreign husbands sign when a Thai wife buys a house during marriage

Had a Thai attorney draw up the prenup. Registering the marriage, the prenup is to be filed at the same time. Amphur office lady refused saying it was contrary to Thai law …

[Liverpool Lou]

7 hours ago, TimeMachine said:

Because of a lot of silly rules in all sorts of countries. You gotta cover all your thoughts and bases these days. For example , the mandatory need for seatbelts in cars.

You really think that mandating seatbelts in cars is "silly"?

[bignok]

2 minutes ago, Liverpool Lou said:

You really think that mandating seatbelts in cars is "silly"?

Yes

[malcolminthemiddle]

Plenty of bachelors own condos in Thailand.

[BusyB]

46 minutes ago, Liverpool Lou said:

You really think that mandating seatbelts in cars is "silly"?

Relatively harmless attitude in that kind of universe.

[thesetat]

1 hour ago, wwest5829 said:

Had a Thai attorney draw up the prenup. Registering the marriage, the prenup is to be filed at the same time. Amphur office lady refused saying it was contrary to Thai law …

contrary to Thai wife to be's law i would presume.. not thai law that i ever heard of

 

[DJ54]

OP … what will the short story be named “ Balless in Bangkok”

[thaiowl]

In 2008, I did not go through with the purchase of a condo because the seller's wife refused to sign the from of consent. I believe there is a form of consent to buy and then sell a condo. If the form of consent is not signed, the purchase/sale can be revoked within 10 years of the transaction taking place. This is from my lawyer in 2008:

"Please also note that Khun _____’s wife and yours are required to sign a spousal letter of consent and present the same to the Land Registrar upon closing otherwise it will be subject to revocation of the sale and purchase transaction by the respective contracting parties’ wife."

Found this online

[CecilM]

Not required.

[scorecard]

2 hours ago, bignok said:

Yes

-

Edited October 5, 2023 by scorecard

[Irish star]

Don’t  put anything in a girls name , her consent lol I don’t need her consent  ffs 

[kidneyw]

13 hours ago, Captain Monday said:

Where would one come by such a thought? ???? ???? ????

From the wife.

[markeewan]

Yes I think that you need consent, my wife had to get my consent for some large purchase with her money.

[Captain Monday]

10 hours ago, Liverpool Lou said:

You really think that mandating seatbelts in cars is "silly"?

Never understood why these people won’t simply put it on. “They are uncomfortable” is the stated reason but actually their gross obesity causes the discomfort. One guy actually said he believes it is safer in a wreck to be “thrown from the vehicle”. ????

Edited October 5, 2023 by Captain Monday

[Road Warrior]

BIG NO 

[Road Warrior]

16 hours ago, Irish star said:

Don’t  put anything in a girls name , her consent lol I don’t need her consent  ffs 

wise a good advice .this is Thailand 

[Sydebolle]

No, not required. It is, however, possibly noteworthy that, in case of a divorce, the investment goes 50% to your wife, if the source of the money was earned during the marriage. 

[Kinok Farang]

On 10/4/2023 at 10:19 PM, Captain Monday said:

Where would one come by such a thought? ???? ???? ????

Maybe his wife advised him?

[omnipresent]

On 10/4/2023 at 11:17 PM, Peterw42 said:

Maybe you are thinking about a document to make it not a marital asset, similar to what foreign husbands sign when a Thai wife buys a house during marriage

I wasn't sure what the consent form was about, I was just reading around and many sites mention a form e.g. "Spouse Consent Form (If married)" at https://freshbangkok.com/guide-buying-investing-bangkok-condos-foreigners.

 

So is there only this one form that she'd sign, and is it about agreeing that the property will be the foreign husband's personal (not marital) property? If so, then even if wife's consent isn't required, it would be better to get it (if possible), right?

 

Also, how about when it comes time to sell the property... on that web site under the heading "Seller Document Preparation" it also lists "Spouse Consent Form (If married)". What is that about? Foreign husbands need the wife's agreement to sell the property? What if he didn't get the wife's consent when he bought it?

 

Edited October 6, 2023 by omnipresent

[omnipresent]

5 hours ago, Sydebolle said:

in case of a divorce, the investment goes 50% to your wife, if the source of the money was earned during the marriage

"earned during the marriage" doesn't cover money that was received as gift or inheritance, right?

Edited October 6, 2023 by omnipresent

[omnipresent]

On 10/5/2023 at 6:51 AM, LukKrueng said:

they don't check any records so you can simply say you're single and that's that

It's illegal though to make a false statement to government isn't it?

[omnipresent]

On 10/5/2023 at 8:49 AM, thaiowl said:

If the form of consent is not signed, the purchase/sale can be revoked within 10 years of the transaction taking place.

Wow, so there could be risks involved if a man buys or sells property in Thailand without his wife's consent (and vice-versa). This needs looking into.

Edited October 6, 2023 by omnipresent

[LukKrueng]

1 hour ago, omnipresent said:

It's illegal though to make a false statement to government isn't it?

I'm not registered as married, and usually the officials that ask me about my marital situation are soooo cute I find it difficult to disappoint them ????

[donx]

3 hours ago, omnipresent said:

It's illegal though to make a false statement to government isn't it?

Is your marriage registered in Thailand? If not, then you don't need to indicate that you are married.

 

For example, my Thai wife has purchased real estate several times since we were married in the US. However, because we haven't registered the marriage in Thailand and she still uses her maiden name on her Thai ID and passport, I haven't been required to provide any consent or sign that document indicating that all the funds come only from my wife.

 

If your marriage is registered in Thailand, that a different situation and I can't comment on whether or not you need spousal consent.