Wife And Land In Thailand

[Marko2]

Dear All,

My wife's father wants to give her some land, however she seems to think that now she is married to a farang she is not allowed to have the land?!

She thinks I need to sign a form from the Thai Govn. stating that I will give up my rights to claim the land if we divorce or she dies!

I've no problem doing this, but we live in the UK and will only be in Thailand for a short holiday in Feb so would like to get it sorted then.

Does anyone know about this topic?

Thanks!

[sbk]

Moved to the real estate/housing forum

///MOVED//

[londonthai]

it use to be a problem with it in the past - but the law has changed and thai married to the foreigner can own land without any hassle. Still your wife or your father in law will have to pay the tax

[Mahout Angrit]

She thinks I need to sign a form from the Thai Govn. stating that I will give up my rights to claim the land if we divorce or she dies!

Correct

[BL4u]

According to the most urgent letter No.Mor.Thor 0710/Vor.792 dated March 23, 1999,

The procedure for the acquisition of land by Thais having spouses being aliens, either by lawful marriage (with proper registration of marriage) or unlawful marriage (without proper registration of marriage) and children of aliens have been changed to be as follows:

Any Thai having an alien spouse may purchase or accept land as a gift with no consideration and register the ownership of such land during marriage under the condition that the spouse must jointly provide a written legal confirmation stating that the entire source of funds for such purchase or gift is solely from the Personal Property (such as defined by Thai laws) of such Thai.

Without written confirmation from an alien spouse, the request for such registration must be referred to the Land Department in order to obtain an approval from the Minister.

Any alien's minor having Thai nationality may purchase or accept land as a gift with no consideration and register the ownership of such land if it does not appear after investigation that he/she has done so to avoid the law.

------

It simply means that the land must become a personal proporty of your wife and not a common property. Procedure could depends on how you are married, meaning, everything common property or separate personal property arrangements. Do you have a pre-nup.

As you live in the UK just contact the Thai embassy over there for a written confirmation. Should not be a problem.

[Marko2]

According to the most urgent letter No.Mor.Thor 0710/Vor.792 dated March 23, 1999,

The procedure for the acquisition of land by Thais having spouses being aliens, either by lawful marriage (with proper registration of marriage) or unlawful marriage (without proper registration of marriage) and children of aliens have been changed to be as follows:

Any Thai having an alien spouse may purchase or accept land as a gift with no consideration and register the ownership of such land during marriage under the condition that the spouse must jointly provide a written legal confirmation stating that the entire source of funds for such purchase or gift is solely from the Personal Property (such as defined by Thai laws) of such Thai.

Without written confirmation from an alien spouse, the request for such registration must be referred to the Land Department in order to obtain an approval from the Minister.

Any alien's minor having Thai nationality may purchase or accept land as a gift with no consideration and register the ownership of such land if it does not appear after investigation that he/she has done so to avoid the law.

------

It simply means that the land must become a personal proporty of your wife and not a common property. Procedure could depends on how you are married, meaning, everything common property or separate personal property arrangements. Do you have a pre-nup.

As you live in the UK just contact the Thai embassy over there for a written confirmation. Should not be a problem.

Thanks BL4U,

no pre-nub, do you mean we should contact the Thai embassy in the UK?

[BL4u]

Thanks BL4U,

no pre-nub, do you mean we should contact the Thai embassy in the UK?

1 - explain the situation to the local land office,

2 - ask for a list of ALL the documents they need to complete the transaction,

3 - let someone send the standard land office documents to you in the UK and

4 - have all the documents notarized in the UK (difficult because some are in Thai language only), or have them certified or legalized by the Thai embassy or consulate in the UK and send them back to Thailand.

Edited December 11, 2007 by BL4u