Mortgage - Spouse Consent

[Dan SG]

Has anyone come across a requirement to obtain spousal consent to purchase a property in Thailand even if loan doc is in sole name and both parties aren't thai? I've gone through an application process with UOB Thailand / Singapore and once i've hit the documentation stage they have said they need my spouse to sign the loan agreement and also come to thailand for the transfer even though the loan isn't in her name (all I did was declare the marriage on the certificate).  It's not too much of an issue but highly inconvenient for one reason or another.  It seems a very odd requirement.  Please could anyone else let me know if this is a common rule ? 

[Peterw42]

Sounds like a requirement put in place by UOB Singapore, and probably a requirement every time a husband and/or wife take out a mortgage, not really anything to do with Thailand.

What is the certificate that you declared your marriage on, again that sounds like a Singapore requirement.

[Dan SG]

4 hours ago, Peterw42 said:

Sounds like a requirement put in place by UOB Singapore, and probably a requirement every time a husband and/or wife take out a mortgage, not really anything to do with Thailand.

What is the certificate that you declared your marriage on, again that sounds like a Singapore requirement.

I got more details from the bank.  It's a requirement under thai law apparently, that the spouse needs to consent.  It probably only comes up during a mortgage otherwise most people will just put not married at the land office and they never check! I saw some discussion on it in the forum from last year. 

[Peterw42]

9 minutes ago, Dan SG said:

I got more details from the bank.  It's a requirement under Thai law apparently, that the spouse needs to consent.  It probably only comes up during a mortgage otherwise most people will just put not married at the land office and they never check! I saw some discussion on it in the forum from last year. 

Its certainly a requirement if the spouse is Thai, but its not a requirement if both parties are not Thai.

The idea of the declaration is to stop foreigners obtaining land (that they cant own) via marriage/divorce to a Thai. The declaration is to state the property is a not a marital asset, and not subject to Thai divorce/ splitting of assets.

So not relevant if both parties are not Thai 

Sounds like someone at the bank is a little confused of land office requirements

Edited July 26 by Peterw42

[Dan SG]

13 hours ago, Peterw42 said:

Its certainly a requirement if the spouse is Thai, but its not a requirement if both parties are not Thai.

The idea of the declaration is to stop foreigners obtaining land (that they cant own) via marriage/divorce to a Thai. The declaration is to state the property is a not a marital asset, and not subject to Thai divorce/ splitting of assets.

So not relevant if both parties are not Thai 

Sounds like someone at the bank is a little confused of land office requirements

Thanks, I think I've now sorted this with the bank and managed to persuade them to do away with this requirement