Thai/Farang Marriage,,,,Who Has What?

[Seal25]

I have a question about the legalities after marriage...

Assuming the marriage is executed completely legally, does the wife have any restrictions on wht she can do later with regards to purchase of property etc?

Yes..I know this sounds like a muppet question but even so, I'm just trying to get a handle on the property purchasing legalities here.

[InterestedObserver]

The Thai wife of a foreigner can purchase whatever property she wants after marriage, just as long as she uses her own Sin Suan Tua personal money.

Edited July 12, 2010 by InterestedObserver

[eurasianthai]

I don't think so, she needs the approval of her husband.

Edited July 12, 2010 by eurasianthai

[lopburi3]

There are no restrictions on her ownership but the money used must be hers alone and you have to sign your understanding it is not joint marriage property.

[Farma]

A lot of answers to your questions can be found on this link to the Thai Business and Legal Guide. http://bia.serverbox.net/011.html

As a general rule foreigners aren't allowed to own land in Thailand. There are no restrictions on her purchasing.At time of purchase you as her husband will be asked to sign a declaration stating you have no claim on the land.

[steve187]

why not keep maiden name on Thai documents, id etc. no paperwork for husband to sign, no restrictions on wife purchasing.

[Mario2008]

why not keep maiden name on Thai documents, id etc. no paperwork for husband to sign, no restrictions on wife purchasing.

Because that would not change the law and for an extension of stay based on marriage must be registered with the Thai government.

[Theo007]

On divorce the wife takes the house and the farang husband has the happy memories!

[personchester]

<BR>A lot of answers to your questions can be found on this link to the Thai Business and Legal Guide. <A class=bbc_url title="External link" href="http://bia.serverbox.net/011.html" rel="nofollow external">http://bia.serverbox.net/011.html</A><BR><BR>As a general rule foreigners aren't allowed to own land in Thailand. There are no restrictions on her purchasing.At time of purchase you as her husband will be asked to sign a declaration stating you have no claim on the land.

Yes correct, and many foreign husbands who signed the declaration thought (because the writing was in Thai) that the signature was a confirmation of joint ownership of the property, and since they provided the money in the first place this was not an unreasonable thought, the signature however denoted the opposite that is to say the renouncement of any claim to the property.

There is a new provision in the land purchase law requesting that foreign husbands must in addition to the above now also confirm that they did not provide the money for the purchase nor have any connection to the money used for the purchase. The result of the above, in the event of a marriage break down is of course a financial disaster for the chaps, particularly since in most cases they are of retirement age and will have no longer a reasonable time frame to achieve recovery, on the contrary, many have to return to their home country to live within the welfare state, thus the conclusion is ... rent, rent, don't buy.

Edited July 13, 2010 by personchester

[lopburi3]

I have not seen any report of a foreigner not knowing what was being signed - it is open and common knowledge and the only intention is to allow land purchase/registration by those married to foreigners (which was not permitted under previous rules due to common marriage property regulations). The Thai always has to declare the money belongs to them alone as that is the only way purchase can not be considered common property.

[sarahsbloke]

I don't see why

The land can't belong to the Thai national, but the partner have a purely financial interest.

After all it is perfectly legal for a non-Thai to give a loan to a Thai, and have that loan registered against land the Thai owns (with a note on the back of the land Chanote, registered at the land office)

[tommet]

I have not seen any report of a foreigner not knowing what was being signed - it is open and common knowledge and the only intention is to allow land purchase/registration by those married to foreigners (which was not permitted under previous rules due to common marriage property regulations). The Thai always has to declare the money belongs to them alone as that is the only way purchase can not be considered common property.

Do the rules also try to stop farang husbands gifting money to their wives to buy land?

That seems to be what an earlier comment is suggesting:

There is a new provision in the land purchase law requesting that foreign husbands must in addition to the above now also confirm that they did not provide the money for the purchase nor have any connection to the money used for the purchase

[Mario2008]

You can give money to your house, but it is a gift and when accepted by her it becomes her money only.

You can not let her act as a front for you.

[tommet]

You can give money to your house, but it is a gift and when accepted by her it becomes her money only.

You can not let her act as a front for you.

How about Thai companies with farang shareholders? Are they able to own land?

[lopburi3]

It could be a rocky road if done, as has been, as a proxy setup. Will move this to proper forum.

[tommet]

It could be a rocky road if done, as has been, as a proxy setup. Will move this to proper forum.

Mine was just an idle inquiry

[personchester]

I have not seen any report of a foreigner not knowing what was being signed - it is open and common knowledge and the only intention is to allow land purchase/registration by those married to foreigners (which was not permitted under previous rules due to common marriage property regulations). The Thai always has to declare the money belongs to them alone as that is the only way purchase can not be considered common property.

You stated not having seen a report, what sort of a report are you refering to, a report in newspapers, magazines, etc... or on this forum HERE ? ... you do no doubt understand that those are private matters, foreign men that have financially suffered in this way do not report this publicly, those happenings are being mentioned and talked about amongst colleagues and friends.

Moreover, details of the Thai land purchasing laws are not common knowledge to foreigners as you mentioned, if this was the case then people would have no need to ask for advice on this matter via this forum, but the fact that people do ask for advice HERE seems to indicate that they do not have the required knowledge as you mentioned above, otherwise they would have no need to seek such advice HERE.

[trogers]

Buy a condo in joint names. End of problem and end of story.

[personchester]

Buy a condo in joint names. End of problem and end of story.

A certain number of condo's percentage wise (legally) in any given building can be purchased 100 % by foreigners in their own name, thus there is not need to go for a joint ownership, unless of course that is needed in order to please the Thai wife, but should the marriage break down and the foreign husband wants to sell in order to escape, then he needs the wife's permission, and the sale proceeds have of course to be shared 50 / 50 with the wife.

However, should the wife as the joint owner refuse to sell the condo then the husband can do little to retrieve his financial input and a lengthy and costly legal battle will begin, result ... the beginning of problems, with no end of story in sight.

[trogers]

Buy a condo in joint names. End of problem and end of story.

A certain number of condo's percentage wise (legally) in any given building can be purchased 100 % by foreigners in their own name, thus there is not need to go for a joint ownership, unless of course that is needed in order to please the Thai wife, but should the marriage break down and the foreign husband wants to sell in order to escape, then he needs the wife's permission, and the sale proceeds have of course to be shared 50 / 50 with the wife.

However, should the wife as the joint owner refuse to sell the condo then the husband can do little to retrieve his financial input and a lengthy and costly legal battle will begin, result ... the beginning of problems, with no end of story in sight.

You gave the answer... Now the puzzle - how to convince the girl to marry you...

Edited July 13, 2010 by trogers

[Livinginexile]

Buy a condo in joint names. End of problem and end of story.

A certain number of condo's percentage wise (legally) in any given building can be purchased 100 % by foreigners in their own name, thus there is not need to go for a joint ownership, unless of course that is needed in order to please the Thai wife, but should the marriage break down and the foreign husband wants to sell in order to escape, then he needs the wife's permission, and the sale proceeds have of course to be shared 50 / 50 with the wife.

However, should the wife as the joint owner refuse to sell the condo then the husband can do little to retrieve his financial input and a lengthy and costly legal battle will begin, result ... the beginning of problems, with no end of story in sight.

You gave the answer... Now the puzzle - how to convince the girl to marry you...

Edited July 13, 2010 by Livinginexile

[thomo]

On divorce the wife takes the house and the farang husband has the happy memories!

Not if the husband was clever, had the house built from those prefab wooden house depots.

then he calls them up to move it to his new GF's land.

[Maestro]

why not keep maiden name on Thai documents, id etc. no paperwork for husband to sign, no restrictions on wife purchasing.

There are no restrictions after the wife changes her surname to that of her husband.

--

Maestro

[Maestro]

...Yes correct, and many foreign husbands who signed the declaration thought (because the writing was in Thai)...

Last time I saw the form, in December 2007, it was in Thai and English. See attachment below.

--

Maestro

[aussiebebe]

Buy a condo in joint names. End of problem and end of story.

A certain number of condo's percentage wise (legally) in any given building can be purchased 100 % by foreigners in their own name, thus there is not need to go for a joint ownership, unless of course that is needed in order to please the Thai wife, but should the marriage break down and the foreign husband wants to sell in order to escape, then he needs the wife's permission, and the sale proceeds have of course to be shared 50 / 50 with the wife.

However, should the wife as the joint owner refuse to sell the condo then the husband can do little to retrieve his financial input and a lengthy and costly legal battle will begin, result ... the beginning of problems, with no end of story in sight.

If the condo is purchased by a foreigner in their own name, not joint ownership, do the sale proceeds still need to be shared 50/50 with the Thai spouse?

[Mario2008]

That depends. If there is no nuptial agreement all assets acquired during the marriage have to be split 50-50%. Assets before the marriage are left out of this.

[InterestedObserver]

If the condo is purchased by a foreigner in their own name, not joint ownership, do the sale proceeds still need to be shared 50/50 with the Thai spouse?

It all depends on the source of the funds. If the money was earned during marriage, then clearly it is joint property. If the funds were Sin Suan Tua, assets before marriage, then the condo is not joint property (Sections 1471 and 1472 of the CCC) .

[chiangmaibruce]

If the condo is purchased by a foreigner in their own name, not joint ownership, do the sale proceeds still need to be shared 50/50 with the Thai spouse?

Hi Aussie

Not sure if you meant to add "in the event of divorce" or not? If no divorce then the answer is no - at least in the short term. If divorce occurs and the condo was bought after the wedding day, then probably yes is the answer

[trogers]

If the condo is purchased by a foreigner in their own name, not joint ownership, do the sale proceeds still need to be shared 50/50 with the Thai spouse?

It all depends on the source of the funds. If the money was earned during marriage, then clearly it is joint property. If the funds were Sin Suan Tua, assets before marriage, then the condo is not joint property (Sections 1471 and 1472 of the CCC) .

Can be joint property (even if bought before the marriage) if getting a roof over the girl's head is a pre-requisite of her parent's consent to the marriage.

I faced such a pre-requsition, got engaged and had to save for 3 years for my condo before getting married.

[aussiebebe]

If the condo is purchased by a foreigner in their own name, not joint ownership, do the sale proceeds still need to be shared 50/50 with the Thai spouse?

Hi Aussie

Not sure if you meant to add "in the event of divorce" or not? If no divorce then the answer is no - at least in the short term. If divorce occurs and the condo was bought after the wedding day, then probably yes is the answer

Hi, yes that's what meant to ask, 'in the event of divorce', Thanks. That makes sense. I don't own a condo, I was just curious and I always find reading these threads informative as other members often have wealths of experience to share.

Cheers