Thai Wife's Rights To Own Land

[RJJ]

My Thai wife and I live in Australia.

As part of her Australian Visa process we had to get married within 9 months of entering Australia.

We complied with all the visa conditions, and I noticed that Dept of Immigration won't recognise her married name.

When I asked they said the Visa was applied for in her maiden name, therefore all correspondence will continue in her maiden name.

I figured there were benefits this way; not married in Thailand, but fully compliant in Australia.

Recently she was granted an Australian Permanent Residency Visa, which states her "married" name.

The Dept of Immigration officer (in Australia) indicated she MUST update her name in her Thai passport before she attempt to re-enter Australia to avoid lengthy delays and hassles at the airport, or possible refusal of entry.

My questions are relating to land ownership in Thailand.

She has a block of land in her village which I believe is in her mothers name.

We have also bought her recently departed Grandmothers house also in the village, which I believe to be in her fathers name.

What options do we have to transfer the land into her name?

I would like to do that before we update her passport, hopefully to avoid complications.

We have a 4yo son; can we transfer the house/land into his name?

I am after some good advice please.

[Iambabababor]

A Thai married to a foreigner may now legally own land in Thailand. This has only been the case in recent years. It is necessary however for her to sign a paper at the land office stating that any land bought was with her money and not yours. Additionally you as her husband have to sign a paper declaring that you have no interest in the property.

As for the child I do not know whether he can own land. probably not as he is still a minor.

[Bicko]

My Thai wife and I live in Australia.

As part of her Australian Visa process we had to get married within 9 months of entering Australia.

We complied with all the visa conditions, and I noticed that Dept of Immigration won't recognise her married name.

When I asked they said the Visa was applied for in her maiden name, therefore all correspondence will continue in her maiden name.

I figured there were benefits this way; not married in Thailand, but fully compliant in Australia.

Recently she was granted an Australian Permanent Residency Visa, which states her "married" name.

The Dept of Immigration officer (in Australia) indicated she MUST update her name in her Thai passport before she attempt to re-enter Australia to avoid lengthy delays and hassles at the airport, or possible refusal of entry.

My questions are relating to land ownership in Thailand.

She has a block of land in her village which I believe is in her mothers name.

We have also bought her recently departed Grandmothers house also in the village, which I believe to be in her fathers name.

What options do we have to transfer the land into her name?

I would like to do that before we update her passport, hopefully to avoid complications.

We have a 4yo son; can we transfer the house/land into his name?

I am after some good advice please.

Cheers RJJ. How are the elections going today? Thanks for the tip about change of maiden name. When we married the Thai authorities advised my wife to take my family name and change her passport but we've haven't done it so it's time to do that.

Firstly congrats on your wife getting her permanency. I have been married to my Thai wife for some years and we have decided to start the process early next year as I am retiring from my work next month. We work overseas and live in Isaan so haven't bothered before but it's time to make the move.

My wife inherited land in our village from her father when he passed away and she now has the title deed registered in her name. Periodically the local lands department staff go to each village and meet in the community hall or the Wat. Those department staff endorse changes on title deeds at that meeting but it is important for all other family members and siblings to be present so that there is consensus on the change of ownership. Initally my wife also discussed the matter with our village Poo-y-baan and he advised her to visit the lands office and advise them in advance so they had the papers prepared at the village meeting. Pretty simple really but probably means a lengthy trip to Thailand for the 3 of you.

One thing that I have noticed is that apparently family land was allocated to that family in perpetuity and can not be sold outside of the family but it can be transferred within the family in the case of a death, which is your circumstance, or by consensus of family members.

I don't know about your son. Does he have dual citizenship? He probably would have problems owning land if he is not Thai.

Hope this helps.

[Gary A]

When my wife and I got married, I really thought she would keep her maiden name. She surprised me and asked me if she should change her name to mine. I told her that it was up to her and that I really didn't care one way or the other. She did change her name and promptly changed her land papers and ID card to reflect that. She was surprised and upset that the land office refused to put my name on her land papers. She really had no idea that I could own NO property other than my condo. Anyways, the bottom line is that she will not be restricted in any way if she uses your last name.

[thedi]

As another poster pointed out, land ownership is no problem any more for a Thai national married to a farang.

In case if inheriting land, it has never been a problem - and it is still no problem.

If your wife wants to legally own land in Thailand, she can do so with your family name as well as under her maiden name. But it naturally would be more proper to register your marriage in Thailand as well - and in this case she will have to use your family name.

When your wife wants to own land, you will have to go along and sign a statement, that you understand, that the land is her sole property and that in case of a divorce or her death, you will have no rights to this land. This is the only draw back: she may have difficulties to buy land, when you are not there.

I signed such statements several times in the last years. Some years ago, when this rule was new, it was a bit 'difficult' in the land registration office (tea money had to be payed, or they refused to know about this rule). But since Taskin's regime, it has become routine. No problem - no tea money.

Regards

Thedi

[RJJ]

We have a 4yo son; can we transfer the house/land into his name?

Cheers RJJ. How are the elections going today? Thanks for the tip about change of maiden name. When we married the Thai authorities advised my wife to take my family name and change her passport but we've haven't done it so it's time to do that.

Firstly congrats on your wife getting her permanency. I have been married to my Thai wife for some years and we have decided to start the process early next year as I am retiring from my work next month. We work overseas and live in Isaan so haven't bothered before but it's time to make the move.

My wife inherited land in our village from her father when he passed away and she now has the title deed registered in her name. Periodically the local lands department staff go to each village and meet in the community hall or the Wat. Those department staff endorse changes on title deeds at that meeting but it is important for all other family members and siblings to be present so that there is consensus on the change of ownership. Initally my wife also discussed the matter with our village Poo-y-baan and he advised her to visit the lands office and advise them in advance so they had the papers prepared at the village meeting. Pretty simple really but probably means a lengthy trip to Thailand for the 3 of you.

One thing that I have noticed is that apparently family land was allocated to that family in perpetuity and can not be sold outside of the family but it can be transferred within the family in the case of a death, which is your circumstance, or by consensus of family members.

I don't know about your son. Does he have dual citizenship? He probably would have problems owning land if he is not Thai.

Hope this helps.

The comment about my son was a last minute addition as I was creating the topic.

My eldest son is 4yo next week and he was born in Thailand; thus registered in the family book and is a Thai citizen.

Issan is a great place to be; My wifes village is 5 km off Hwy 24 near Sangkha, Surin. We live in Melbourne, but visit there each year. I love it in the village.

Thanks for all the information everyone.

[chuckd]

Your son can own land. I put my house in Pattaya in my daughter's name when she was 11 years old. I am divorced with full custody of her so I am her one and only legal guardian. I signed all the land documents at the land office.

She cannot do anything with it until her 20th birthday and I cannot do anything with it without court approval.

I do not know if there is a minimum age, but I seriously doubt if there is.

[Totster]

Topic moved at OP's request

totster

[barryofthailand]

A Thai married to a foreigner may now legally own land in Thailand. This has only been the case in recent years. It is necessary however for her to sign a paper at the land office stating that any land bought was with her money and not yours. Additionally you as her husband have to sign a paper declaring that you have no interest in the property.

As for the child I do not know whether he can own land. probably not as he is still a minor.

This is not the case 100% of the time. I refuse to lie. I registered a mortgage with the land office. this states that you loan your wife the mony to purchase the house, and your name will apear on the attatchment to the land title deed. This is the most secuire and honest way to purchase property in Thailand.

Barry

[MyPenRye]

And, Barry, this has legal status in case of a divorce. What about if she bribes the person judging the case?

I heard that a Japanese man is under the imporession that his wife will NOT be able to sell the house "they bought" with his money (!) without his signature. I am not too sure if he got legal counsel on this. Maybe this topic has been covered many times. I apologize if I did not see this being addressed before.

I like the idea of setting one's son or daughter to get it in case of a divorce, as Chuck stated.

[Iambabababor]

Can a Thai Minor Who Is Born of an Alien Own a Piece of Land? A Thai minor who is born of an alien can own a piece of land in Thailand. This is because Article 30 of the Thailand Constitution B.E. 2540 (A.D. 1997) states that all persons are equal before the law and shall enjoy equal protection under the law. Men and women shall enjoy equal rights. Unjust discrimination against a person on the grounds of origin, race, language, sex, age, physical or health condition, personal status, economic or social standing, religious belief, education, or constitutionally political view, shall not be permitted. Article 48 Paragraph 1 states that the property right of a person is protected. The extent and the restriction of such right shall be in accordance with the provisions of the law. To abide by the provisions of the current Thailand Constitution, the Interior Ministry has set up the following guidelines to be followed by the land competent authorities:

• If a Thai minor being born of an alien wishes to make land acquisitions and registrations, and if the official inquiry reveals that there are no circumstances where law evasion has been committed, the competent authorities shall proceed with the registration of legal rights in land for the applicant.
  
• If a person wishes to give as a gift a piece of land to a Thai alien-born minor, the competent authority shall inquire into his/her intention to give the gift to the minor and into his/her legal relations with the minor. If the property to be given as a gift is acquired by purchase, it must be determined out of whose money the acquisition has been made. That is questioned for fear that the alien parent may give the money to a Thai person to buy and hold the property as nominee owner, and later give it as a gift to the minor. However, in the case of a Thai alien-born major, no official inquiry shall be made to establish the said fact.
  

See full article............http://www.tudorvillas.co.uk/land_systems.php