Married To A Foreigner And Buying Land

[bruceboy]

Recently, I have been having a heated discussion with a Thai national. She says that legally a Thai women married to a foreigner can not buy land. I think otherwise, but have been unable to find the law or link.

I have searched TV forum without finding the answer.

[WilliamJarvis]

The Notification of the Ministry of Interior re Application for the Acquisition of Land by Thai National Who Has or Used to Have Alien Spouse and Juvenile Child of Alien Who Has Thai Nationality (published on 4 October 2001)

[khundon]

The Notification of the Ministry of Interior re Application for the Acquisition of Land by Thai National Who Has or Used to Have Alien Spouse and Juvenile Child of Alien Who Has Thai Nationality (published on 4 October 2001)

Does the law say they can buy land or not, I can't find that publication either

[steelepulse]

A Thai national can buy as much land as they want, just ask my wife who has the fever of buying land.  What you heard about is old news.

But it might be in your interest to agree with her and not buy any unless you're sure she's the one.

[RAZZELL]

Recently, I have been having a heated discussion with a Thai national. She says that legally a Thai women married to a foreigner can not buy land. I think otherwise, but have been unable to find the law or link.

I have searched TV forum without finding the answer.

How do you think all the "wrong 'uns" get their houses?

RAZZ

[Lite Beer]

Recently, I have been having a heated discussion with a Thai national. She says that legally a Thai women married to a foreigner can not buy land. I think otherwise, but have been unable to find the law or link.

I have searched TV forum without finding the answer.

Legally they can. My Wife bought some using her married surname. Mine.

[Gary A]

My wife also changed her surname to mine when we were married. Since then she has purchased four properties in her name with no problems other than that I was required to sign a document stating that I no financial interest in them.

[Farma]

I believe there was a law similar to what the OP is referring too. I believe that law changed allowing Thais married to foreigners to purchase land maybe 10 or so years ago. I can’t be exact on the year but it was a long time ago. Some of the long time residents may remember it more than I can.

I had friends during that time that would divorce so their wife could purchase land and then remarry. I remember one friend in particular mentioning he and his wife had divorced and remarried 3 times for that reason.

[gregb]

The Notification of the Ministry of Interior re Application for the Acquisition of Land by Thai National Who Has or Used to Have Alien Spouse and Juvenile Child of Alien Who Has Thai Nationality (published on 4 October 2001)

This is absolutely correct. The law was changed almost a decade ago.

About the only issue you will have is if you try and get a loan from the Government Housing Bank. Law change or no law change, they refuse to give a loan to a woman married to a foreigner that includes land. They apparently, never got the notice of the change in the law.

Good luck getting them to change their minds if you ever try. I went all the way to the president's office with the issue, and was rebuffed. So don't worry about it, but be advised there are still remnants of the old way sticking around in unexpected places.

[Rdrokit]

The Notification of the Ministry of Interior re Application for the Acquisition of Land by Thai National Who Has or Used to Have Alien Spouse and Juvenile Child of Alien Who Has Thai Nationality (published on 4 October 2001)

This is absolutely correct. The law was changed almost a decade ago.

About the only issue you will have is if you try and get a loan from the Government Housing Bank. Law change or no law change, they refuse to give a loan to a woman married to a foreigner that includes land. They apparently, never got the notice of the change in the law.

Good luck getting them to change their minds if you ever try. I went all the way to the president's office with the issue, and was rebuffed. So don't worry about it, but be advised there are still remnants of the old way sticking around in unexpected places.

Don't know about the Government Housing Bank but my wife got a loan (mortgage) from Krung Thai Bank which is a Thai government bank.

[Lionfish1975]

My wife also changed her surname to mine when we were married. Since then she has purchased four properties in her name with no problems other than that I was required to sign a document stating that I no financial interest in them.

Hello,

I also know that is possible for thai wife to buy land with the conditions metioned by Gary. I did know it after beeing screwed in 1999 by my family in law.... dam_n I wasn't aware of the 1998 constitution.

Now that my family in law is OK to give back the land to my wife, I would like to know if there is a legal way to do it by mail because we do live in Switzerland ? My wife want also to give it to our son.

If my wife must go there, she will but I do not want to get surprised again 'cause I shall be there too in order to sign the document mentioned above.

Many thanks in advance.

[samuibeachcomber]

A Thai national can buy as much land as they want, just ask my wife who has the fever of buying land. What you heard about is old news.

But it might be in your interest to agree with her and not buy any unless you're sure she's the one.

very good advice.

[blue eyes]

The wife has bought some land with no problem.But I have another question.We are presently surviving in the USA untill our retirement comes thru.The wife is elagable to apply for US citizenship and most likely get it.But she will not do it because she says that she will not be able to own land anymore.She will still be a Thai national with a Thai ID card and passport just also a US citizen.Any comments on the abelity to own land if she had both citizenships?

[donx]

The wife has bought some land with no problem.But I have another question.We are presently surviving in the USA untill our retirement comes thru.The wife is elagable to apply for US citizenship and most likely get it.But she will not do it because she says that she will not be able to own land anymore.She will still be a Thai national with a Thai ID card and passport just also a US citizen.Any comments on the abelity to own land if she had both citizenships?

My wife became a US citizen in 2006. We went to Thailand in June of 2007 and my wife bought land in her name during that trip.

[IMA_FARANG]

The wife has bought some land with no problem.But I have another question.We are presently surviving in the USA untill our retirement comes thru.The wife is elagable to apply for US citizenship and most likely get it.But she will not do it because she says that she will not be able to own land anymore.She will still be a Thai national with a Thai ID card and passport just also a US citizen.Any comments on the abelity to own land if she had both citizenships?

My wife became a US citizen in 2006. We went to Thailand in June of 2007 and my wife bought land in her name during that trip.

Yes it is possible for a Thai married to a foriegner to buy land now. A Thai national can have dual citizenship as a U.S citizen and also a Thai citizen. I would use her Thai passport to enter the country. She can use her U.S. passport on entering the U.S. if she returns. Only caveat however, be careful regarding the U.S tax laws. If you buy property in Thailand and resell it for a profit later, I believe she might be required to declare that profit on any U.S tax return she files, and maybe so would you if you file a joint return with your wife. I'm not a tax expert, so I could be wrong, but I would be sure to get good advice on any profit made like that before the tax return was filed.

Back about 20 years ago, or so, a Thai married to a foriegner could not buy land, but the law has been changed for about a decade I think. However, foriegners still can't own land.

[Pierrot]

Actually, what is the advantage of getting married in Thailand, regarding land ownership and other legal matters ?

[thaihome]

It makes no difference in any instance (that I know of) where the marriage took place, in Thailand or overseas. Thailand fully recognizes marriages of its nationals registered overseas. If dealing with an upcountry amphur or land office, there may be some issues as many people still think the property rights of Thai women married to foreigners is some how impacted by the marriage.

TH

[Pierrot]

It makes no difference in any instance (that I know of) where the marriage took place, in Thailand or overseas. Thailand fully recognizes marriages of its nationals registered overseas. If dealing with an upcountry amphur or land office, there may be some issues as many people still think the property rights of Thai women married to foreigners is some how impacted by the marriage.

TH

Now if you're married under a foreign juridiction where properties bought after the marriage belongs to both (sorry I'm not a lawyer and English is not my mother tongue), what happens to properties bought in Thailand after the marriage? Can they been deal with by the foreign juridiction ?

To make things simple, let's say you are married in the UK, you (you and your Thai wife) own properties for 1 M in the UK and for 1M in Thailand. In the unfortunate case of the marriage doesn't work, can you have an English judge splitting the properties, you keep what is in England, the Thai party what's in Thailand, or any deal that give it's fair share to both parties but keeping in mind that the foreign party will never have to deal with a Thai judge ?

[kevin2008]

I understand the position regarding foreigners not been able to own land or properties in Thailand, excepting condos, but what is a foreigners legal position in the event of his thai wifes death,and legal claim to property which of course will be in her name.....in the event of a will being made by her leaving all her estate to her husband, could a foreigner then own a property outright ....thanks

[thaicbr]

No. and don't get the idea to do ya missus in :D

Thai law overshadows the will. the land would have to be sold. or more likely go to another member of the family. the Thai family that is.

Edited January 30, 2009 by thaicbr

[kevin2008]

Thanks...guessed that comment would come, about doing the missus in .....but who takes on the role of administrator of wifes estate to sell the property,,,

[billd766]

Thanks...guessed that comment would come, about doing the missus in .....but who takes on the role of administrator of wifes estate to sell the property,,,

In our wills I am named as father and guardian of our son and should my wife die the house and land will belong to him.

I am the administrator until he is 18 (he is 4 1/2 years now).

My wife is 43 and I am 64 so this may not happen to us as I will probably go first.

[chiangmaibruce]

I understand the position regarding foreigners not been able to own land or properties in Thailand, excepting condos, but what is a foreigners legal position in the event of his thai wifes death,and legal claim to property which of course will be in her name.....in the event of a will being made by her leaving all her estate to her husband, could a foreigner then own a property outright ....thanks

Kevin, an important issue and worth researching. Many of the Thai law firms web sites have sections on preparing a Will and associated regs. Start with for example "Tilleke and Gibbons" web site and perhaps samuiforsale.com and see what they have. If the Thai wife has a legal Thai Will she can leave you the property ... but ... you have to sell it within one year unless you can get Ministerial approval to retain it (apparently never granted). If no legal Thai Will then there is a formula to determine how assets are split - the farang husband gets only a proportion unless the Thai wife has no family.

[Bengtnil]

It makes no difference in any instance (that I know of) where the marriage took place, in Thailand or overseas. Thailand fully recognizes marriages of its nationals registered overseas. If dealing with an upcountry amphur or land office, there may be some issues as many people still think the property rights of Thai women married to foreigners is some how impacted by the marriage.

TH

Now if you're married under a foreign juridiction where properties bought after the marriage belongs to both (sorry I'm not a lawyer and English is not my mother tongue), what happens to properties bought in Thailand after the marriage? Can they been deal with by the foreign juridiction ?

To make things simple, let's say you are married in the UK, you (you and your Thai wife) own properties for 1 M in the UK and for 1M in Thailand. In the unfortunate case of the marriage doesn't work, can you have an English judge splitting the properties, you keep what is in England, the Thai party what's in Thailand, or any deal that give it's fair share to both parties but keeping in mind that the foreign party will never have to deal with a Thai judge ?

All properties bought after marriage have to be splitt 50/50 if you will divorce. The law about this is the same as in Europe. The problem is that this can take time if your wife don't want to give you anything. Then you have to get a' lawer, and the case will be handeled in the court. This can take one year or more. This I know a' lot about now, because I'm in this situation now. But as the court say, what have been baught when married, have to slitt 50/50.

[kevin2008]

Thanks very much for all replies and too Bruce i will research the matter further....my wife and i have just bought a property east of Udon (sawang dan din)...im 57 and my wife is 37..no children.

Edited January 31, 2009 by kevin2008

[aussiebebe]

Recently, I have been having a heated discussion with a Thai national. She says that legally a Thai women married to a foreigner can not buy land. I think otherwise, but have been unable to find the law or link.

Thai women married to foreigners used to be prohibited from buying land, however this law has since been relaxed. You can find specific details of this in a book 'Thai Law for Foreigners' sold in Asia Books.

A far better topic to have a heated discussion over would be whether a foreigner would benefit from his Thai wife owning land. On a long enough time-line, the chances of this being so drop to practically zero. Discuss....

[Freddie_fly]

A friend of mine and his Thai lady lived together for 18 years, then got married, the reason was the law used to be that any Thai WOMAN marrying a foreigner could no longer purchase land, note to the best of my knowledge this never applied if the husband was Thai and the wife was foreign (welcome to the wonderful world of medieval misogynists). This law was relaxed around 8-10 years ago allowing Thai wifes to buy property/land, but I believe the legal wording was that the money for the purchase could not come from the foreign husband (obviously this was just worked around).

My friend and hislady married about 7 years ago and I know she has bought property since then without any problem. I suggest you check with a good law firm or read some of the previously mentioned literature that will confirm this.

regards

Freddie

[Arkady]

It makes no difference in any instance (that I know of) where the marriage took place, in Thailand or overseas. Thailand fully recognizes marriages of its nationals registered overseas. If dealing with an upcountry amphur or land office, there may be some issues as many people still think the property rights of Thai women married to foreigners is some how impacted by the marriage.

TH

Now if you're married under a foreign juridiction where properties bought after the marriage belongs to both (sorry I'm not a lawyer and English is not my mother tongue), what happens to properties bought in Thailand after the marriage? Can they been deal with by the foreign juridiction ?

To make things simple, let's say you are married in the UK, you (you and your Thai wife) own properties for 1 M in the UK and for 1M in Thailand. In the unfortunate case of the marriage doesn't work, can you have an English judge splitting the properties, you keep what is in England, the Thai party what's in Thailand, or any deal that give it's fair share to both parties but keeping in mind that the foreign party will never have to deal with a Thai judge ?

All properties bought after marriage have to be splitt 50/50 if you will divorce. The law about this is the same as in Europe. The problem is that this can take time if your wife don't want to give you anything. Then you have to get a' lawer, and the case will be handeled in the court. This can take one year or more. This I know a' lot about now, because I'm in this situation now. But as the court say, what have been baught when married, have to slitt 50/50.

Land cannot be included in communal property to be divided up on divorce. See samuiforsale website which goes into this in detail. I quote from it:

"Since the letter of the Ministry of Interior (most urgent No. Mo 0710/vor 792 dated 23 March 1999), a Thai national married to a foreigner may acquire land, however; the land (and some cases condominium unit) must become a personal property of the Thai spouse and must be excluded from the couple's marriage community property regime. The foreigner is not allowed to have co-ownership in land together with his or her Thai spouse."

[Rdrokit]

Land cannot be included in communal property to be divided up on divorce. See samuiforsale website which goes into this in detail. I quote from it:

"Since the letter of the Ministry of Interior (most urgent No. Mo 0710/vor 792 dated 23 March 1999), a Thai national married to a foreigner may acquire land, however; the land (and some cases condominium unit) must become a personal property of the Thai spouse and must be excluded from the couple's marriage community property regime. The foreigner is not allowed to have co-ownership in land together with his or her Thai spouse."

Yes but the improvements on the land would be split 50/50. For example, if the wife owns the property and a 2 million baht house is built on the property then the husband would be entitled to one million baht upon divorce. In theory

[stgrhe]

The 50/50 formula presupposes the property was acquired during marriage. If not the property would be regarded as 'Sin Suan Tua' meaning it would be solely owned by the wife.

The property split could also be different than 50/50 if the money for buying the property in the first place came from a sale of another property and this can be proven.