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shared ownership of condo

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Some 20 or so years ago I bought a condo in my Thai wife's name. I did not keep proof of having brought the money from abroad. I now wish to be shown as a co-owner on the chanot to qualify for a long term visa. I am told I must either buy the half by bringing in the amount from abroad or if my wife gives it to me for love, I have to produce a TM15, TM 16, or TM17 which are permanent residency certificates of which onlty a few are issued each year and for which I would not qualify as my Thai is poor. It would seem therefore that a married Thai woman is not allowed to give her non-Thai husband property if he is not a permanent resident.

Has anyone come up against this? Does anyone have a sensible suggestion ?

Thank you.

7 minutes ago, thaibook said:

Some 20 or so years ago I bought a condo in my Thai wife's name. I did not keep proof of having brought the money from abroad

Kiss it good bye

What did you lose.. Maybe 2-3 mill.

Move on

1 hour ago, thaibook said:

am told I must either buy the half by bringing in the amount from abroad or if my wife gives it to me for love, I have to produce a TM15, TM 16, or TM17 which are permanent residency certificates of which onlty a few are issued each year and for which I would not qualify as my Thai is poor.

Who told you this?

The only rule should be the condominium act the 49/51 rule. Maybe the quota is full?

Maybe things have changed, but around 20 years ago, my Thai wife and I had made a soft offer to buy a condo in central Bangkok. We wanted to have joint title on the chanote, so I phoned a lawyer in Bangkok at one of the big firms to enquire about the process. She doubted the land office would allow that because one of the co-owners was a foreigner. The lawyer said I'd need to bring over 100% of the purchase price from abroad - and since it was my own money and none of the financing came from wife - hence the land office would only allow my name on the chanote. As I say, maybe things have changed, but that's the way it was then - or so I was advised. Frankly, I don't see any reason why I couldn't have 'gifted' her 50% of the condo.

On a related point, I just recently had to travel up country to sign a couple of forms that affirmed I had no claim on a land purchase my wife was making. I needed to be there, in person, at the local land office as the transfer was being made - expensive pain in the arse (airfare, hotel, car). This has been discussed in other forums and many were surprised by this demand of the land office, with many foreign husbands saying they never had to sign anything when their Thai spouse was buying. But in those cases, I wonder if the Thai wife was using her Thai last name and not the last name of the foreigner - which would make sense as the land office wouldn't question it as it appears a land transfer of one Thai name to another Thai name.

I'm pretty sure all of this land sensitivity has developed either because of the wealthier Chinese migrants that came to Thailand more than 50 years ago and bought up land at a bargain price - and then changed the laws so no one else could do the same thing in later years - or the land ownership law was implemented by a Thai nationalist government in response to what the wealthier Chinese immigrants were doing and to stop any other foreigners from buying up Thai land. (for the record, I don't have any problem with Thailand denying foreigners land ownership - but it should be by reciprocity - if Thailand bans, say, French or Australian citizens from buying land, then France and Australia laws should ban Thais from owning land there - worded like the dual taxation treaties).

Ask at land office

On 4/2/2026 at 8:09 PM, thaibook said:

Some 20 or so years ago I bought a condo in my Thai wife's name. I did not keep proof of having brought the money from abroad. I now wish to be shown as a co-owner on the chanot to qualify for a long term visa. I am told I must either buy the half by bringing in the amount from abroad or if my wife gives it to me for love, I have to produce a TM15, TM 16, or TM17 which are permanent residency certificates of which onlty a few are issued each year and for which I would not qualify as my Thai is poor. It would seem therefore that a married Thai woman is not allowed to give her non-Thai husband property if he is not a permanent resident.

Has anyone come up against this? Does anyone have a sensible suggestion ?

Thank you.

if your wife still loves you, she can add you for a few hundred baht !!!!

USUFRUCT FOR LIFE on the chanote

thank me later

On 4/2/2026 at 3:09 PM, thaibook said:

Has anyone come up against this? Does anyone have a sensible suggestion ?

The condo needs to be within the 49% allowance for foreign ownership. You might need to buy your share from your wife. I'm in line with @DrJack54 ; however, you might be able to obtain a habitation right, which allows you to stay in the condo for life. You can read more about habitation right here:

https://www.samuiforsale.com/real-rights/habitation-property-rights.html

On 4/2/2026 at 8:09 PM, thaibook said:

I now wish to be shown as a co-owner on the chanot to qualify for a long term visa.

Can't you qualify for long term visa (annual extensions) in some other way. Lots of people use retirement, if over 50, or Thai wife if not.

  • Author

Thank you for all the replies. To address the various points made:

I have an annual visa using the retirement option. My wife and I live together on good terms, she has no objection to my name also being on the chanot. She has used her married name on them. I needed this to reduce he amount of money I needed to bring into the Kingdom to obtain a long term visa (LTR). The condos are not lost; they both have foreign quota available. It is the Land Department that is demanding a residency certificate.

It seems that in conclusion, this year I shall renew my one year visa based on retirement and try to find a way around the block.

On 4/2/2026 at 8:09 PM, thaibook said:

Some 20 or so years ago I bought a condo in my Thai wife's name.

That means the condo belongs to your wife and it is likely not considered an investment by you.

My Thai condo (10 years ago) was bought with all my money (earned many decades ago long before my Thai wife and i were married) and it is in both my name and my wife's name. None of my wife's money was used for the condo purchase.

For my LTR visa, i could only use 50% of the condo purchase price, for my investment in Thailand purposes ... That is because the condo is in both of our names.

My wife and I considered changing the chanote to have only my name, but Land Office would see such as a 'sale' and there would be land transfer tax on the value of the condo as assessed by the land office (to change to my name). So we decided not to put it only in my name as we did not want to pay the land transfer tax.

Fortunately this did not block me in getting the LTR visa, as I had other investment (in Thailand) source as well.

8 hours ago, oldcpu said:

That is because the condo is in both of our names.

What was the point to put the condo ownership on both names in the first place?

If it was for inheritance concerns, you can always make a will at any time.

3 hours ago, Yumthai said:

What was the point to put the condo ownership on both names in the first place?

If it was for inheritance concerns, you can always make a will at any time.

It was a mistake.

It was my previous North American upbringing unduly influencing me ... and my not thinking through all possiblities.

In essence the (IMHO faulty) idea of mine was if our marriage were to fall apart, we both had 1/2 the property, then we both would get 50% of the value when presumably the place sold - and my wife (then ex-wife) would not be economically hurt by such a divorce.

However (while married) given the money used to purchase the condo, was from my salary (albeit from my income earned while we were married) in hindsight I should have convinced my wife for the foreign freehold to ONLY be in my name. Only my name. But i did not.

If I should pass away, the place will (if my will grants the place to my Thai wife) automatically convert to being a Thai freehold, where Thai freehold are worth a lot less than Foreign freehold condo (in this luxury condo market in Phuket). That means my wife will get a lot less money.

At my wife's request, my will actually has my 50% (legal) share of the condo going to my sister when i pass away. This is risky for my wife, but my wife wants that as my wife trust's my sister. That way the place stays 'Foreign freehold' when I pass away. My wife will then sell the condo , and my sister agreed !!! with my wife that my wife can have all of my original (pre-passing away) '50%' share of the condo. Again - IMHO - a risky approach.

But given that strange strategy, in hindsight, it was silly ... yes silly - to have the condo put in both my name and my Thai wife's name.

As I noted - it was my previous North American upbringing unduly influencing me, when hoping to assure my Thai wife all would be ok if our marriage should (unexpectedly) fall apart- she would not be left with less financial benefit.

But - it was a mistake, as it has negative consequences if our marriage goes well - and our marriage has gone very well. I am a very lucky man.

9 minutes ago, oldcpu said:

At my wife's request, my will actually has my 50% (legal) share of the condo going to my sister when i pass away. This is risky for my wife, but my wife wants that as my wife trust's my sister. That way the place stays 'Foreign freehold' when I pass away. My wife will then sell the condo , and my sister agreed !!! with my wife that my wife can have all of my original (pre-passing away) '50%' share of the condo. Again - IMHO - a risky approach.

Risky indeed.

God forbids but what will happen if you pass away then your sister passes and the condo has not been sold yet, will your sister's heirs be that kind with your wife?

5 hours ago, Yumthai said:

Risky indeed.

God forbids but what will happen if you pass away then your sister passes and the condo has not been sold yet, will your sister's heirs be that kind with your wife?

My sister updated her will to bequeath the 50% she inherits, if I pass away ( and she also passes away) to my Thai wife.

This is my wife's scheme, .. not mine.

IMHO the place should have instead been solely in my name. .. but that is water under the bridge .

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