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Posted

My Thai wife is now a US citizen and I was wondering if she can buy land in Thailand if she no longer lives there, the Thai consulate in Chicago claim that as long as she has the valid ID card and the blue house book with her name on it she can.

Can anybody clarify this for me as I have been told this is not possible.

TIA

moziman

PS If she cannot what would happen if she owned land before we married and moved, would she still keep it?

Posted

My wife became a US citizen 33 years ago and let her ID card lapse as well as her Thal passport. For years she would travel home and usually stay less than the 30 day tourist visa time anyway. Now we are planning to retire to Thailand in a few years and we started looking into this. Her family had maintained her on the house book at the original family homestead, so last year she renewed her ID card -- they looked at her a bit strange, but she got it. I think the key thing here was her continuing to be listed on the house book.

Now she is in the process of renewing her Thai passport so she can travel to Thailand and stay as long as she likes. The Thai embassy in Washington does not have any problem with issuing another pp as long as the paperwork is in order. I'll let you know if all goes OK, but it should. Having both pp (US & Thai), the process would be to us the US pp to leave/enter the US, and Thai pp to enter/leave Thailand. The airline folks will need to see the US pp on leaving Thailand so they know she will have no problem entering the US -- immigration folks only need one.

Once she has the ID card and pp, she has all the necessary paperwork to prove she is a Thai citizen and can purchase property as any other citizen can. The Chicago consulate is right.

Bottom line -- dual citizenship is legal, both in Thailand and US. Have her maintain her ID card, house book listing and Thai pp -- you may be in the same situation we are now.

Hope this helps.

Posted

As said she is still Thai and able to buy land. The one restriction now is that she and you will have to sign paperwork that the money used belongs to her alone and the property will belong to her alone.

Posted
As said she is still Thai and able to buy land.  The one restriction now is that she and you will have to sign paperwork that the money used belongs to her alone and the property will belong to her alone.

Good point, Lopburi. I don't have an issue in my situation -- quite comfortable after 34 years of marriage with her owning the house. However, isn't it true that a husband can have claim to money from sale of the house in case of divorce or the wife's death?

Posted
As said she is still Thai and able to buy land.  The one restriction now is that she and you will have to sign paperwork that the money used belongs to her alone and the property will belong to her alone.

Good point, Lopburi. I don't have an issue in my situation -- quite comfortable after 34 years of marriage with her owning the house. However, isn't it true that a husband can have claim to money from sale of the house in case of divorce or the wife's death?

I doubt it (at least for divorce) but have never checked. Believe the paper you sign makes the property exempt from joint marriage rules.

Posted

I don't think a farang husband can inherit land. Although I did hear a rumour that a farang husband could inherit temporarily. (i.e. Would have a set period in which the land would have to be sold...)

Your children could definitely inherit, but that's because, as a child of a Thai, they're Thai (at least so long as you get them onto a house book as Thai, so they can get an ID card).

If you're worried about your wife dying first - do a lease of the land from her after she's bought it. (at least that way, even if she dies and the land reverts to her Thai relatives, you have the use of the land for the remainder of the 30 year lease, without relying on her relatives not throwing you out).

Posted

Personally, my plans are focused on any property we buy in Thailand will pass over to my wife's family (we'll pick the direct persons) after either of us depart. As for our kids here, they will get monetary leftovers and property from this country, so fairness is not an issue. My wife's family is so great that leaving a house there seems like a small pittance to all they are giving to my wife and I.

Posted
As said she is still Thai and able to buy land.  The one restriction now is that she and you will have to sign paperwork that the money used belongs to her alone and the property will belong to her alone.

The problem is not the buying of the land, it's the title transfer and tax bite to pay at that time. She has to have a current Thai ID card.

Posted
My understanding is that if she passes away the farang husband can inherit. But not upon divorce.

No way can a foreigner inherit under any circumstance.

Won't bother me Doc - if she goes before me, the family will let me keep beer Chang in the fridge so long as I share it! :o

Posted
My understanding is that if she passes away the farang husband can inherit. But not upon divorce.

No way can a foreigner inherit under any circumstance.

Won't bother me Doc - if she goes before me, the family will let me keep beer Chang in the fridge so long as I share it! :o

Whatever you do don't let George know your address. A fridge full of nice and icy Chang's gets him every time :D

Posted
You sure Dr Pat Pong?? Not what the laywers say..

You had better check again.

the doctor is correct, a foreigner can never be listed on house papers, thais only.

Whatever you do don't let George know your address. A fridge full of nice and icy Chang's gets him every time

me too

Posted
As said she is still Thai and able to buy land.  The one restriction now is that she and you will have to sign paperwork that the money used belongs to her alone and the property will belong to her alone.

I had to do this last month. She's in the house book and all that and a Thai citizen. But she has the farang last name.

Posted

You guys are wrong about a fallung not being ableto have land in his or her name. If you invest 40,000,000, baht, and lock it in for five years you can put land in your name. If your wife dies, you can inherit the house.

  • 4 weeks later...
Posted

I was told, if you are original Thai citizen then you are that for life. No matter if you become a citizen of another country, you will always be considered a citizen of the Kingdom. Not right?

Posted (edited)
I was told, if you are original Thai citizen then you are that for life. No matter if you become a citizen of another country, you will always be considered a citizen of the Kingdom. Not right?

Right - unless you voluntarily renounce your Thai nationality.

Admittedly, the only reasons I can think of for someone to renounce their Thai nationality would be where they have dual nationality and have one of the following conditions:

- If their other nationality is a country which doesn't allow dual nationality. (i.e. Singapore, Denmark, etc.). In which case, when getting that nationality, they would be required to officially renounce theirr Thai nationality. (or if born with dual nationality, it usually has to be done when reaching 18 or 21, depending on the country).

- If they are male, and want to avoid the possibility of national service. (although they can do that by simply living abroad in their 20s, as living in another country is considered a valid reason for not turning up for the lottery).

- If they are US-Thai dual nationals, and want to join the US military, they would have to renounce their Thai nationality first. (Other countries might have similar rules for civil servants, etc.)

If they're not on a house book, and don't have a Thai id card, they'll have a lot of running around to do to get them. (The birth certificate and a parent's ID card may be enough to get a Thai passport - but that's probably the simplest step, especially if they were born outside Thailand, so don't have a Thai ID number already, and weren't put on a house book at birth.)

Edited by bkk_mike

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