Illegal To Use Thai Spouse As Nominee In Land Ownership

[klikster]

If I were guessing.

The guy is absolutely full of it and obviously a racist without the proper education for his position. An assumption or do you have evidence?

If people are caught, how does he intend to deal with the authorities who approved it? Scold them.

If caught , the land deed will be revoked? Probably.

Who is going to reimburse? You're joking, right?

Wonder if this guy has any property owned by his wife or kids which came from his corrupted position! An assumption or do you have evidence?

[HakimKlunker]

Just print out and save a copy of this news article, and the guy's announcement.

And then, the next time any Thai lady asks you to give her money to buy land and build a house for her family, just whip out the article and say... NO CAN DO....

After all, it's against the law!!!

Extremely good point. May I suggest to extend the restriction to wider family support and in-law cattle?

[SoiGirlHunter]

Sell your houses now before they come and take it!

This is going to crush house values

[johnefallis]

I think you guys are missing the silver lining in this cloud...

Just print out and save a copy of this news article, and the guy's announcement.

And then, the next time any Thai lady asks you to give her money to buy land and build a house for her family, just whip out the article and say... NO CAN DO....

After all, it's against the law!!!

Brilliant! I'll print a copy for some mates, buddies, friends, as if a woman ever asked that of me, I'd be like...uh, did you bump your head?

I willingly will contribute to things of real substance, like education, but cash or material items, not likely.

Edit: By the way, I think the correct term for ... NO CAN DO.... is simply "CANNOT"

Edited May 28, 2009 by johnefallis

[grahamhc]

Do they want to encourage investment or not - If not lets all bugger off back home !

Look at this logically: Even if you "all bugger off back home', the planes will arrive with guy hoping to "snap up a bargain" and turn over a quick profit.

Since most of the thai women that purchased land using the foreign husbands money have the land registered using a non thai surname it would not be hard for them to come up with thousands of land deeds to check on. It also would not be too hard for them to prove that the thai lady did not have funds that were not derived from the husbands activities, in most cases. However this would create a huge uproar about the thai womans rights to use joint income to buy land. After all according to thai law the income of both spouses is common property after marriage even if the income generating assets were owned by the husband prior to marriage. So if the couple had been married for several years then she could say that 50% of all the income while they were married is her own , right ??

Come on, guys and girls. MOST these (single) properties are own by ex-bargirls, and they do not keep books to prove their income before they got their current husband. I have never been given a VAT receipt for extra-curicular activities.

This is another case of KEEP THE POOR IN THEIR PLACE and only let the Rich Thais have it all. NEVER let the under-priveliged break out and make a success of their lives.

Next time over there, withdraw every baht from her accounts, burn the bankbooks and open a new account at a different bank.

Anybody who already "owns" land through the spouse has a better idea how to beat the system? How else can they proof that the money used to purchase the land came from you and wasn't legitimately earned by your Tirak?

In most cased illegitimately earned by your Tirak? , as working in Tesco or a factory will never give them the money to buy the multi-million Baht house in Udon or Ubon.

Now for the guys that came over here with a virtuous mind and still a virgin's body, just to make a killing, like they did in emerging Eastern Europe, you knew the law, so dont cry in your soup. If you did not check the law before buying, either you are a liar or stupid. Remember the quotation in the West "Ignorance of the Law is NO EXCUSE"

[churchill]

My local bank is promoting loans for wives to buy their farang husbands land/house at low rates - with the loan guaranteed by the farang - I cannot see them doing this if it were illegal ?

[Crossy]

........ didn't exactly say that all Spouses are nominees did he. He, or the Newspaper, should have defined a Nominee and the purpose/target of the statement.

Any of the sponsors have any comments?

I wonder if he was really directing his comments at those using Nominees in the company route to land purchase rather than a husband giving his wife cash to buy their home.

Badly translated, badly reported??

Maybe we are all panicking about nothing!

EDIT Has this been reported in any other media?

[bluesmith]

Maybe after the liquid lunch he drives past some nice digs jee I wish I could have some thing like that I know what I can do.

Wish some 1 would post it on the papers or some thing have you seen how many people are on this thread.

[Scott]

Those who say it will never happen may be right, however, I remember when people said that closing hours for bars would never happen, restrictions on sale of alcohol would never happen and when restrictions on visas would never happen.

[featography]

.............Now, after the revolution, things will be much better, much more cut and dried. Very Burmese. Until then....

Thailand = Myanmar (Burma) with electricity

That is HILARIOUS. 5 points for Ham.

[david555]

Land purchase through Thai spouse forbidden: Land Dept

PHUKET CITY: The director general of the Land Department has reiterated that foreigners using Thai nominees to buy land anywhere in the country will have their land title deeds revoked if caught – even if the nominee in question is a lawfully wedded spouse.

As for foreigners seeking to buy homes in Phuket, they can do so through the Condominium Act, which allows foreign ownership of up to 49% of any project, he said.

of the Land Department nationwide in 2003.

-- Phuket Gazette 2009-05-27

Should it not be a part off a plan to get rid off those outnumbered CONDO BUILDINGS who rise everywhere out off ground as "mushrooms" and from who i ask myself every day who all go to buy them at those high prices ....., or do they really think the whole world is coming to live here?

[grahamhc]

Why buy land in Thailand anyway? Talk about your under-performing investment! Better to invest elsewhere and just rent here...

Its been said before, its the old parents quote to misguided kids " put your money into bricks and mortar ".unfortunatly in thailand its wood and tin, why bother, ,as you say rent, buy elsewhere where you are welcome AND likely to show a profit,.

Try a bargain in the US. I read a post on a Pattaya Forum where the house this guy owned in California was sold for $450,000, when he divorced his wife. Now, several years later and a depression on the horizon, it was sold recently for $65,000. That was the price he bought it for origonally.

Remember, property is normally a long term investment. Only Speculators are here for a quick profit.

Edited May 28, 2009 by grahamhc

[Thaiblue]

It's no real shock that one day they would enforce this law. We all knew there is an inherent risk to buying property in Thailand when we are entitled to nothing for our time and the taxes we pay. The government obviously think that every foreigner marries a bar girl with no money.

The Thai bubble is close to bursting, the country will survive without us and we will all find another sunny retreat. Thailand seems to forget there are other countries with cheap property, decent weather and cold beer.

Everyone can understand the worry the country would have from foreign investors buying up sizable pieces of the country but there should be different rules for private property you can prove you are living in.

[andyc2006]

Wouldn't it be correct to say that without prenuptial the wife is anyway entitled to 50% of husband money and vice versa

No. Or should I respond, "no! thank god!"

[johnefallis]

Which country in Asia foreighners can own land, house...etc 100% in them names? It is start getting boring here either for holliday. I got married this year with Thai lady that she lives in Phuket the last 20 years, she is a high Goverment Official. We are planning to moved to Phayao (North Thailand). She has changed her surname and got mine. Her bank acount is empty because she pays everymonth for her car. That means we can not buy property and build our house in Phayao?

Dude, yours is easy. You buy the car, let her buy the house.

I love this. My girl has to buy the house. By law. Hahahahaha

Thank you Mr. Wannanutterbutter, or whatever his name is.

What a great freakin' topic. I have something to do all day now cause this topic will easily go into being dozen and dozens of pages, if not hundreds.

[nam-thip]

I've lived in Thailand for twelve years and whilst the law with regard to foreign ownership of land stays as it is and denies me the right to 'own' that plot of land legally then i'll continue to rent a house.

It's their loss, not mine.

How many Thai's would take their hard earned cash into another country then buy a house and land in some other persons name and have no legal rights to ownership?

No one in their right mind would do that, or would they?

I consider the Thai's to be dangerous enough to follow through what this guy said, which was:

“If the Thai spouse has enough money to buy the house that is fine, but if the Thai has no money and uses money given to him or her by a foreigner to acquire property, that is against the law. If we check and find out later that a Thai person has been using money from a foreigner to buy land anywhere in Thailand, we will revoke title deeds,” he said.

You can now tell your tirac to forget the land/house purchase as under Thai law it's illegal to buy using farang money.

My advice: Buy jack shit, rent!!

[lufc74]

This must be very worrying for all farlangs living over here, if indeed its true.

What happened about the fact that when we were up at the land office, we were signing some kind of declaration saying we have no rights to the land if we seperate, or something along those lines ???

There must be somebody who comes on here who is in the know, or knows a decent lawyer who could shed some light on this.

Cheers.

[Nip]

Land purchase through Thai spouse forbidden: Land Dept[/b]

Edited for iffy content Cant see how they can stop me or anyone giving our wives gifts of money and what they do with the money is of no concern of the courts or the FN land office as they have no jurisdiction or time to determine the origin of said funds... The courts would be jammed up for the next 50 years. How could any court adjudicate as to how any Thai woman earned or came upon her money. Another edit It seems the Thai Government try to do everything they can to ruin the economy. The man is a fool... And this statement will for sure be retracted within the coming weeks on the basis of his comments being incorrectly translated. To make such an irresponsible comment when the housing and tourist industry is at its lowest ebb is the height of stupidity and of course as we know the Thai's excel at it. Luckily common sense will prevail in the end. Think about it logically how can they revoke the Land Title Deeds when A) Most of the sales and purchases over the past 10 years in Phuket involved farang's and 2) If the title deeds are revoked who owns the property then? Will they take the Thai's and agents who knowingly sold the properties illegally to court? 3) Can the farang sue the property developers? 4) What about a Thai wife being entitlement to 50% of her husbands estate?

He says and I quote "Many members of the public have complained that it takes up to a year to complete a transaction that should only take one day" <deleted> I bought quite a few houses here and they each went thru in less than 2 hours.... It was also said last week in the Gazette that the throughput in the land registry office was down by by something like 30% over what was it, the past 6 months?

[marsteele]

Which country in Asia foreighners can own land, house...etc 100% in them names? It is start getting boring here either for holliday. I got married this year with Thai lady that she lives in Phuket the last 20 years, she is a high Goverment Official. We are planning to moved to Phayao (North Thailand). She has changed her surname and got mine. Her bank acount is empty because she pays everymonth for her car. That means we can not buy property and build our house in Phayao?

Dude, yours is easy. You buy the car, let her buy the house.

I love this. My girl has to buy the house. By law. Hahahahaha

Thank you Mr. Wannanutterbutter, or whatever his name is.

What a great freakin' topic. I have something to do all day now cause this topic will easily go into being dozen and dozens of pages, if not hundreds.

Yes but can only use her money. I guess the days of the poor thai village girl seeking a farang to look after her and her family are gone. Against the law for him to put a dry roof over her head now. The dream of the poor thai girl is dead...

[Mobi]

Sorry but I don't have time to read all 4 pages, so excuse if these points have already been made.

It wasn't that long ago that Thais married to foreigners were prohibited from owning land. Then the law (or regulation?)was changed, and I believe it is correct to say that Thai women can only by land if their farang husband has not in some way financed the sale. I have no idea if this is just an interpretation of the law, or some kind of edict from the land office, but this by no means the the first time I have heard this.

I used to own my house through a company, and when I decided to to transfer it to my Thai wife when the FBA nominee issues arose, my lawyer set up a complex arrangement whereby the company was transferred to a joint venture of Thais who then somehow financed the purchase of the house by my wife through loans. I got lost in the paper work and cannot explain all the details and relied on my lawyer (Sun Belt) to do what was necessary. My understanding that all these extra steps were required to avoid falling foul of the law that a husband cannot finance the purchase.

Maybe some lawyer (e.g. Issan lawyers) can elaborate.

Not withstanding the above, I would be surprised if this rule is enforced, as it will affect thousands of Thais.

They haven't even taken any action against the farang 'nominee' companies that own land yet, so it seems pretty unlikely that they will go after "land owning" Thai wives.

[marsteele]

Can a mixed race thai own land or is he/she still considered farang

[Crossy]

Can a mixed race thai own land or is he/she still considered farang

No, if they have a Thai passport they are Thai so no issue owning land

[soihok]

I just went through this with my Thai wife. She has my last name....

It was required for me to sign a document for each Chanote that the money used was her money independant of my money. (We had 4 pieces of property).

If she has never changed her name, and but is in fact married, the transfer is illegal by the rules. If she is married and says she is married, but still uses her Thai last name, the assumption is she is married to a Thai, and may not be asked for this document from her husband.

I know many Thai, that do not declare there married status. However, they can find problems if they have relitives that care to stir things up.

The one advantage to declaring a marrriage to a farang, if something should happen title will pass to the farang, but he must sell within 6 months.

If she says she is single, dies, then titile passes to all the Thai relitives, not to the unknown spouce.

[coconutmonkey]

Isn't it discriminatory?

Is there a rights group for Thai women married to falang?

Man, just when you thought Thailand had enough bad publicity....

It's looking very introverted at the moment.

[notime]

Thais cannot use foreigners money??? Wow .. this is the first time that I hear not only foreigners are dirty and not welcome here but also foreigner's MONEY is dirty and not welcome here.

[Pops]

Have just set up biz in Cambodia.

Companies can be fully 100 % owned and operated by Foreigners without having to take on Cambodian staff/partners.

100 % ownership possibility of condominiums is underway (will be effective within 2 months)

Everybody speaks very good English and is capable of thinking for themselves.

It's just a car drive (or a 50 minute flight) from Phnom Penh to the major Thai sin cities of Bangkok and Pataya, if you might be affraid of missing that action.

No restraints on bringing in or taking out foreign currencies.

Just to name a few !

So what is keeping all these Farang in Thailand, which does not want you anyhow ???

Please explain !!

[Grey11]

Those who say it will never happen may be right, however, I remember when people said that closing hours for bars would never happen, restrictions on sale of alcohol would never happen and when restrictions on visas would never happen.

The Government would lose too much money if they actually enforced this. The Government does not have the infrastructure to enforce it - at most randomly and in some provinces. It will NOT be enforced.

[Mobi]

Rightly or wrongly, the purpose of the law (or regulation) is to stop farangs using their wives as "nominees" to own land.

Of course what frequently happens is not that the farang manages to successfully circumvent the land law, but that the Thai wife kicks out the farang and ends up owning an expensive house which she can dispose of how she sees fit and keep the proceeds.

[oevna]

Land purchase through Thai spouse forbidden: Land Dept

As for foreigners seeking to buy homes in Phuket, they can do so through the Condominium Act, which allows foreign ownership of up to 49% of any project, he said.

...

You'll note the use of the term "nominee" in this article. A nominee is not the real owner, just a temporary holder. This is not the case with most wives.

Loaning or giving your wife money to purchase property is COMPLETELY LEGAL in Thailand according to every major law firm here. Worry not I think.

Did you note that there's a whole lot of other words apart from just the term nominee in what Mr. Anuwat is saying. Note the specific opening reference to the condominium law which infers this is the ONLY legal route for ANY foreign land tenure. By the same token, since when has anything ever been stated as COMPLETELY LEGAL in this land of double standards against their own never mind against the minority foreign population?

...

I noticed that part about the condominium law as well. My cynical side leads me to suspect that the motivation behind all of this is to encourage foreigners to buy condominiums. Perhaps there is a condominium lobby behind this recent crackdown on foreign land ownership.

[gentaro]

I think he's talking out of his arse. Typical non-sensicle statement that you can always count on a high-level Thai civil servant to make on most occasions. I agree, it should do wonders to help slag-off all the million dollar "villas" for sale to silly foreigners who were thinking about buying in Phuket.

With people like this in high office, its no wonder that Thailand is slowly going downhill. And although its only my guess, i bet that he is of Chinese decent ?????

Totally agree, read this article yesterday in Phuket Gazette and found it just embarassing. Change the law and punish Thai women who marry foreigners as they are not allowed, to hold land like 'normal' Thai family wives...

Thailand has a spokesman representing the view of the government but it seems that any high level civil servant can raise the voice and make politics, it's just AMAZING. Comment removed

More and more I feel that foreigners are not welcome anymore even though they helped a lot to get Thailand up and going, primarily under Thaksin