Married Thai'S Buying Land

[cookie1003]

hi,

a mate of mine who's fiance is coming over to the uk says she cann't change her passport to his surname when they get married because she says she cann't buy any land over there if she doesn't have a thai surname.

now i've been married (in the uk) to a thai lady for a few years & we both live here in the uk, all her details over here are in my surname but her passport is due for renewal next year when we go back for a holiday & she is now unsure about what to do about her passport cos she had no idea about this rule & if/when we ever go & live over there it would make things difficult for us to buy anywhere.

it does sound crazy but so does everything about thailand.

have any of you herd anything like this before.

thanks

[coolhandjoe]

My wife say's exactly the same thing, however l would be interested to hear any concrete information on the topic.

[Mario2008]

The name doesn't matter, only her nationality. As a Thai she can buy land, period.

Edit:

In the past a Thai woman married to a foreigner could not buy land, but that law was abolished some time ago. That is probably the source of the confusion.

[Orac]

My wife was able to buy land after we married and she had take my surname. The local land office apparently required that i countersigned a document - i believe it was the chanote - to say i had no claim to the land and it had been bought with my wife's own money however, when i asked her when i had to go sign it as i was out of the country at the time, she told me it wasn't a problem as she had signed it for me!

[Garry9999]

She can still buy land with a foreign surname, but it does make things a little more difficult. She has to sign a declaration that the money to buy the land has not come from her foreign husband.

I bought (well paid for) some land in Thailand, well actually my mother in-law bought it then gifted it to my wife. There's way around everything in Thailand.

[Garry9999]

The name doesn't matter, only her nationality. As a Thai she can buy land, period.

Edit:

In the past a Thai woman married to a foreigner could not buy land, but that law was abolished some time ago. That is probably the source of the confusion.

There is some regulation about the source of the money to purchase the land isn't there?

[Mario2008]

The foreign husband has to sign a declaration that he has no claim on the land. But he can give money to buy land to his wife, he can just not let her act as a front. The land will be her asset alone, the foreign man has no claim to it. The money would be a gift.

[sharking]

She can still buy land with a foreign surname, but it does make things a little more difficult. She has to sign a declaration that the money to buy the land has not come from her foreign husband.

I bought (well paid for) some land in Thailand, well actually my mother in-law bought it then gifted it to my wife. There's way around everything in Thailand.

This is what i have done too,and my wife holds a British passport,

the only problem will occur i,s if you want too put the land up for a remortgage or borrow money on it,the banks will not lend you the money,i tried to do this to buy a new build,(a shop)

good luck

[cookie1003]

my wifes still got her thai passport & wont be getting a uk one just yet anyway so it will still be a thai passport just with my surname.

she's been working over here & has managed to save a few quid up so if thats what she wants to do its up to her.

also someone she knows has both passports uk & thai is this allowed ?, i cann't see any problem with it .

Edited July 21, 2010 by cookie1003

[Mario2008]

Both countries allow dual nationality.

[rocketmanbkk]

my wifes still got her thai passport & wont be getting a uk one just yet anyway so it will still be a thai passport just with my surname.

she's been working over here & has managed to save a few quid up so if thats what she wants to do its up to her.

also someone she knows has both passports uk & thai is this allowed ?, i cann't see any problem with it .

She can buy land in her western name no problems. My wife and I own a few bits in Thailand and its all in her name. My wife has dual natioanlity (Thai & UK).

As for borrowing money, last year we opened a bank account and spoke to the chap there. He basically said the bank would match whatever I put in, i.e a 50% loan could be applied or.

Probably differs from bank to bank person to person, who knows in Thai??!

All I do know is that you CAN buy land in a western name if you are still a Thai Citizen.

[sharking]

my wifes still got her thai passport & wont be getting a uk one just yet anyway so it will still be a thai passport just with my surname.

she's been working over here & has managed to save a few quid up so if thats what she wants to do its up to her.

also someone she knows has both passports uk & thai is this allowed ?, i cann't see any problem with it .

She can buy land in her western name no problems. My wife and I own a few bits in Thailand and its all in her name. My wife has dual natioanlity (Thai & UK).

As for borrowing money, last year we opened a bank account and spoke to the chap there. He basically said the bank would match whatever I put in, i.e a 50% loan could be applied or.

Probably differs from bank to bank person to person, who knows in Thai??!

All I do know is that you CAN buy land in a western name if you are still a Thai Citizen.

yea sorry i never sald but we bought are land 9 years ago when she was not alowed too,went through m/inlaw,but rules have changed now,

the banks sald no due to the m/inlaw who too them she gave us the land

hope this helps

[cookie1003]

thats good to know.

thanks everyone i'll let her know.

[jackinbkk]

The foreign husband has to sign a declaration that he has no claim on the land. But he can give money to buy land to his wife, he can just not let her act as a front. The land will be her asset alone, the foreign man has no claim to it. The money would be a gift.

I'm curious then what happens if the wife died. She can't pass it on to her husband?

I know usually its the husband's who mysteriously die.

These laws are a disgrace. Thailand will be sorry when potential money goes to buy land elsewhere.

[DavidOxon]

The foreign husband has to sign a declaration that he has no claim on the land. But he can give money to buy land to his wife, he can just not let her act as a front. The land will be her asset alone, the foreign man has no claim to it. The money would be a gift.

I'm curious then what happens if the wife died. She can't pass it on to her husband?

I know usually its the husband's who mysteriously die.

These laws are a disgrace. Thailand will be sorry when potential money goes to buy land elsewhere.

I wouldn't hold your breath. I wouldn't ever expect Thailand to be sorry about anything, really? Would you?

David

[nam-thip]

Read this statement made by a Thai minister last year in Phuket (2019)

Read the last paragraph where its says: 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 the title deeds,”

Land purchase through a Thai spouse is forbidden: Land Dept

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.

Land Department Director Anuwat Meteewiboonwut made the comments during a recent stop in Phuket as part of a nationwide inspection tour of 30 provinces.

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

Foreigners cannot use a Thai spouse as a nominee to buy property in Thailand, however.

“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 the title deeds,” he said.

Edited July 21, 2010 by nam-thip

[Garry9999]

The foreign husband has to sign a declaration that he has no claim on the land. But he can give money to buy land to his wife, he can just not let her act as a front. The land will be her asset alone, the foreign man has no claim to it. The money would be a gift.

I'm curious then what happens if the wife died. She can't pass it on to her husband?

I know usually its the husband's who mysteriously die.

These laws are a disgrace. Thailand will be sorry when potential money goes to buy land elsewhere.

The purpose of the law is to prevent foreign ownership of land, so why would they be sorry?

And you are right, if the wife dies the land can't be passed to the husband, his visa extension based on marriage gets cancelled also! TiT

[DeathbyDurian]

The money would be a gift.

Is this 'gift' taxable? Or am I allowed to give my wife any amount of money I choose and she can do what she wants with it?

(trying to avoid the 'that wasn't your wife's money she used to buy that land, and you didn't pay tax on that 'gift' so we are now taking your deed' scenario that people are worried about.)

[TerryLH]

"Thailand will be sorry when potential money goes to buy land elsewhere."

Who? The people selling the land, because they missed a sale?

"Foreigners cannot use a Thai spouse as a nominee to buy property in Thailand, however."

That's not what anyone here is talking about. The wife buys the land for herself, not as a nominee for the spouse. that's why the spouse signs a declaration saying they have no interest in the land.

Do a search. There are pages and pages of posts about that topic.

"And you are right, if the wife dies the land can't be passed to the husband..."

Not true. It can be passed on. The spouse then has to sell it or pass it on the kids, or whoever. I'm not sure of the time frame they are given to do this.

[Mario2008]

2 post containing quote only deleted

[taff33]

I thought I read about a meeting that was held in Chaing Mai by a member of the Thai goverment ,that it said a wife can leave up to one rai of land for housing,six rai of land for agriculture,and there was some thing else that I can't remember (as you get old your memory goes)

[Mario2008]

I thought I read about a meeting that was held in Chaing Mai by a member of the Thai goverment ,that it said a wife can leave up to one rai of land for housing,six rai of land for agriculture,and there was some thing else that I can't remember (as you get old your memory goes)

The topic is here:

About land it was discussed here:

[yabaaaa]

edited

Edited July 22, 2010 by yabaaaa

[nam-thip]

When a Thai females dies any land she owns will go to her children then family members first as foreigners are not allowed to own land.

I beleive you are allowed 1-year to dispose of the house and land before the above kicks in but selling could be difficult especially if the Thai family of your now deceased wife throw a few spanners in the works.

My advice would be to rent everything that way the racist Thai's might give foreigners a few more ownership rights.

Edited July 22, 2010 by nam-thip

[mrbojangles]

The foreign husband has to sign a declaration that he has no claim on the land. But he can give money to buy land to his wife, he can just not let her act as a front. The land will be her asset alone, the foreign man has no claim to it. The money would be a gift.

Spot on. Except for as nam-thip says below, if in the event of her death.

When a Thai females dies any land she owns will go to her children then family members first as foreigners are not allowed to own land.

I beleive you are allowed 1-year to dispose of the house and land before the above kicks in.

[Mario2008]

It is the question if one can or cannot inherit from a Thai national. That is being discussed in the lninks provided in post number 22.

[old wanderer]

This is a situation I am very familiar with. I have been married for over 14 years to my Thai wife. After 5 years, I got pretty upset at the respect she was shown when we would check into a hotel, with different last name. I insisted that she change her Thai ID card (showing single) and passport showing her family name and single to my last name and show that were were married. (One of the rare fights we ever had). She was concerned about the Chanotes she had.

We have a substantial pile of Chanotes, all show in her married name (now). We used 2 different approaches. For those nearer to Surin, we found the land office difficult to deal with, and really slow, so land she acquires in this area is first run through her mother, then is gifted to her. The other area near Sara Buri, the land office there really went above and beyond to straighten out the older Chanotes, and make sure on the newer ones they were exactly correct, and I signed a document stating I had no financial interest in each property.

Once each Chanote is issued, a USUFRUCT is attached, which simply states the property is mine to use as I see fit until I die regardless of who owns it. (There were whole threads devoted to this a few years ago. Yes she can revoke it at any time, but once she should die, it is in effect until your death.)

For those that die without a will (in testate), the as was mentioned before, then land goes to the family in proportions, however with the USUFRUCT, they cannot cause you to move off, stop farming, running a store...etc, all the money comes to you. However, with a will the land is "WILLED" to you, but you are not Thai, you will have 6 months to sell the land (once the land office becomes aware of the death). (And like the USUFRUCT, she can change it at any time, so this is no protection against a divorce).

Finally (as we all know how fickle Thai law can be), an "On Demand" mortgage was placed against each property held by a Singapore trust I control. (This the wife has no control over, except in case of my death, they she become the executor of the trust).

So if something should happen to my wife, (we have no children), and the family were able to get some things waived, overcoming the mortgage is still the ace in the hole that protects the loving Thai family from dumping your old bones out in the street.

I would have never done any of this except for a sad story of a Falang married to a Thai for 18 years. She was hit riding her motorcycle after going to an ATM, robbed, and died. The 20 YO daughter inherited the house. He had raised her as his own for 18 years. 6 months after the death, his "daughter" announced she was selling the house and her and her Thai BF were going to take a vacation, so please move somewhere else..Who would have thought this would happen...poor guy was left without anything.

In short, have a WILL, file a USUFRUCT, do a mortgage from some legal entity you create.

[kikoman]

When my wife purchased our property in her name only and I signed a statement that I would have no interest in the land. The land in the event of her death would go to our girls, with the proviso that I can stay here till I choose to leave or die.

The person who accused Thailand of being Racist because of its refusal to sell parts of their country to Falangs, I believe that is a very smart move on Thailand's part.

As I had to leave my 1st retirement home in Puerto Penasco Sonora Mexico, Because it was the closest beach to the Land locked Southwest US, and under the (NAFTA) North American Free Trade Agreement that open up Mexican land to US investors.

Who purchased all the land there in hopes of it being turned into a Tourist Center-Acapulco North, driving up the cost of living to more then I was willing to pay.

Cheers: