Married To Farang And Land Ownership In Thailand

[shedman]

Hello eveyone, I read in an old book that when a thailady marries a farang she can no longer purchase land in thailand. Is this true and still so? can she still own land that she owned before she married? or is this just something form the 60's and is changed now?

Info really appreciated.

Have fun

[lopburi3]

It is not true but there used to be a Catch 22. Prior to about 6 years ago they would refuse to register new property due to concern over a conflict between law that foreigners can not own property and the joint property status of marriage. They have changed policy and now will register land as Thai owned by using provision that it is Thai money used to purchase rather than joint marriage money. There is currently no problem for those married to foreigners to buy property but foreigner will have to sign paperwork that confirms they understand money belongs to Thai.

[maxcrc]

Lopburi can you confirm me if it is true what I have been told :

"if my thai spouse will pass away (touch wood) the house will be temporaly passed to me (farang husbund) and I will be given a certain time (how much ??) to sell it. If I will not able to sell it, the government will confiscate the house and pay me a compensation (I imagine much lower than the market price, right ?) "

[Lite Beer]

Lopburi can you confirm me if it is true what I have been told :

"if my thai spouse will pass away (touch wood) the house will be temporaly passed to me (farang husbund) and I will be given a certain time (how much ??) to sell it. If I will not able to sell it, the government will confiscate the house and pay me a compensation (I imagine much lower than the market price, right ?) "

Get yourself a USUFRUCT agreement. It gives you the right to live there for the rest of your life.

[maxcrc]

Ah, I heard about that. It is what they called a leasing contract ?

She bought the house and she leases back to me.

The only odd thing is taxes are quite high for this contract.

is this contract what you are referring to ?

Edited February 8, 2008 by maxcrc

[Lite Beer]

Ah, I heard about that. It is what they called a leasing contract ?

She bought the house and she leases back to me.

The only odd thing is taxes are quite high for this contract.

is this contract what you are referring to ?

No. Not the same.

Have a look through the land and house forum. Lots of info in there.

Have a read of this.

http://www.sunbeltlegaladvisors.com/Thailand-Usufruct.php

Edited February 8, 2008 by Lite Beer

[maxcrc]

I will. Thanks.

[cm das]

Someone please correct me if I'm wrong, but I believe that a Thai married to a foreigner can own land, but not more than 10 rai.

[lopburi3]

There is no such limitation that I am aware of.

[tavarich]

From what I was told, My Thai wife could not inherit land since she is married to farang. So her father gave her the land that would have gone to her after his passing. He is a smart guy with alot of land to be divided by the rest of the sibilings. The family would have cut her off from what was hers knowing them. There have been land arguments before so he nipped it before it could start.

[lopburi3]

A Thai wife has full rights of land ownership. There were obstacles in the past but methods have been taken around them so it is not a problem anymore.

[Pierrot]

Ah, I heard about that. It is what they called a leasing contract ?

She bought the house and she leases back to me.

The only odd thing is taxes are quite high for this contract.

is this contract what you are referring to ?

No. Not the same.

Have a look through the land and house forum. Lots of info in there.

Have a read of this.

http://www.sunbeltlegaladvisors.com/Thailand-Usufruct.php

Very useful link. But it is under the title "Thai - US Amity Treaty" Is it available only for US citizen or everybody ?

[RasiMike]

When my wife bought land in Rasi Salai, the local amphur refused to register the sale and change the documents into her name. Their understanding was that Thais married to farang can not purchase, nor own land. Obviously incorrect, but none the less some individuals still prefer 'the old way'. We overcame this by simply registering the land sale in Ubon and having the documents forwarded to Rasi.

Is it not the case however, that a Thai citizen that takes up citizenship in another country can no longer own or purchase land?

[lopburi3]

No it is not - they are still a Thai citizen and enjoy all Thai citizenship privileges.

The change in policy took awhile to percolate down but believe all land offices should currently be aware of the policy and have the procedures in place for foreign spouse to sign off on paperwork.