Land Ownership By A Thai Married To A Foreigner

[7by7]

I'm sure this has been asked before, but I can't find it; so please forgive the repetition.

The boss and I last year purchased a house in the Bangsu district of Bangkok. As the sale wasn't completed before we had to return to the UK the land at the time was put into my step-son's name. My wife is currently in Bangsu overseeing the work being done on the house, and wants to transfer the land to her name while she is there.

However, I understand that I have to give written confirmation that the money used to buy the land was hers, not mine, and that I relinquish all claims to the land.

So, my questions.

1) Can I simply write a letter, and if so what form does this letter have to take? Can I just write something like:-

"I confirm that the money used to purchase the land at (address) was the sole property of (wife's name) and not my property nor joint matrimonial property. (It was actually money left to us both in my father's will, and I 'gave' it to her. Do I need to say this? Will they ask where the money came from?)

I also confirm that I have no claim, now or in the future, over the land and that it is and will remain the sole property of (wife's name) until such time as she sees fit to dispose of it.

Signed."

Or is there some official wording?

2) Having written the letter, can I send it to her electronically, or should I post her the original.

3) I'm assuming that once she has the letter she should get a Thai translation. Correct?

4) Is a letter OK, or do I actually have to go with her to the land office and sign some forms there?

Not a big problem if so, as I will be in Thailand in August for my step-son's wedding, but we'd like to get this sorted now if possible.

Thank you for your time.

[Mario2008]

You might have another problem, the house is in the stepson's name and his property. You can not just ransfer the ownership if the stepson is the owner. The court might need to give permission for this under the Thai family law.

See section 1574

http://www.thailawonline.com/images/thaici...l%20code%20.pdf

Edit: assuming he is still minor, what in your case probably isn't so as he is going to get married.

[7by7]

He's 25, so not a minor.

Presumably this does mean the transfer is a simple procedure, as if she had bought the property from him?

[gregb]

My understanding is you must submit yourself to do this in person, either at the land office in the district where you purchased the land, or apparently it can be done at a Thai embassy or consular office in your country if you can not go to Thailand. You should ask your wife to check with the local land office about what they will accept.

The letter you need to sign (the letter of confirmation) is here:

http://www.isaanlawonline.com/Land_law_3.html

[7by7]

Thanks

[TongueThaied]

You have a golden opportunity here. I am sure you have a solid marriage, but nobody knows the future, so take this opportunity to cover your a$$. Get a usufruct from the stepson BEFORE the transfer to your wife. A usufruct from your wife may not be enforceable in the event of future problems, where a usufruct from the stepson should be solid. Nothing lost.

[MJo]

Also check from nearest embassy, they know what to do and how the process goes. I was in same situation few months back and Thai embassy in Singapore gave me the instructions, which i have long since lost. But it is possible to handle via Thai embassy overseas.