Thai Wife Refused Land

[goodguy]

Just yesterday my wife was told that now she was married to a Farang, she could no longer buy land. She was also told that if she had not changed her name to a Farang name she could have bought the land fine. Amphoe upcountry told wife.

I feel a bit confused by this. Having read on so many web sites that wives of Farang could buy land in their name...(which one?)

She had cash. The problem came when her ID card with the holes punched in it was shown, then the marriage certificate, A Thai one, was shown and with that, she was told that now she was married to a farang, she cannot buy land. She is a Thai citizen.

Any insights??

Regards

Goodguy

[surin]

She can buy and own land. She must convince the authorities that she and not her Falang Husband, bought the land.

[Guest ka1234]

You need to come with her to the land department. They may want to see her bank book or something else that proves that she paid for the land. You will need to sign a document that states you have nothing to do with it and can never make any claims on the land etc.

If they totally refuse, you may need to bring a lawyer who explains to them that the law has changed. Sometimes authorities make up their own rules or refuse to do their job. This may be because they want a bribe or because they want to screw with you.

We had a similar experience when we wanted to get our marriage registered at the amphur. They made up new requirements every time until we had a person from the department of foreign affairs call them and ask what they were up to. On the other hand, we had no problems at all at the land department. They were very helpful when my wife bought land. But like I said, I had to sign a document stating that I have nothing to do with buing the land.

[Heng]

Principle aside... it's SOOOOOOOO much easier to just have the wife keep her maiden name in the LOS. I have a Chinese last name and a Thai last name... it'd be just as impractical for all involved to have my wife (when I eventually get married) to change her last name to my Chinese last name. It's more practical when you need more "names" (you might have 7 different last names for your articles of incorporation yet each person is a member of your family) for new companies and business ventures as well. For us, family names and legacy is something we keep records of on our own. Why care about what the government records (of whatever country) are? Governments come and go as it is.

[pnustedt]

Ka's advice is correct. You need to sign that you have no interest in the land - you will not be able to inherit it.

My wife (Thai with my surname) tried to buy land earlier in the year when I was not in Thailand and couldn't as I was not there to sign. So she bought it in her sister's name and transferred it to her own last month when I was there to sign. Over the last few years she has bought quite a lot of land.

[penelope]

Principle aside... it's SOOOOOOOO much easier to just have the wife keep her maiden name in the LOS. I have a Chinese last name and a Thai last name... it'd be just as impractical for all involved to have my wife (when I eventually get married) to change her last name to my Chinese last name. It's more practical when you need more "names" (you might have 7 different last names for your articles of incorporation yet each person is a member of your family) for new companies and business ventures as well. For us, family names and legacy is something we keep records of on our own. Why care about what the government records (of whatever country) are? Governments come and go as it is.

Exactly.My wife has thai and aussie citizenship.Her Aussie identity has my name as her surname.Her Thai indentity has her thai name. She has never had any hassle buying land/houses.As far as thailand is aware, she is single and only a thai citizen.

[pnustedt]

As far as thailand is aware, she is single and only a thai citizen.

That could be disadvantageous if you wanted to apply for a visa based on your marriage. Maybe there could be difficulties if you were resident in Thailand and died with your "wife" claiming inheritence, etc.

I feel more comfortable being openly married and do not see any disadvantages. Goodguy's problem is probably just ignorance on the part of his local Amphur, I'm sure he'll get it sorted.

[dr_Pat_Pong]

She can buy and own land. She must convince the authorities that she and not her Falang Husband, bought the land.

Surin is absolutely correct. She can as long as you sign away any claims against the land by you.

If she wants to, she can change her name back to her old family name ( changes in this regard made this year )

[penelope]

That could be disadvantageous if you wanted to apply for a visa based on your marriage. Maybe there could be difficulties if you were resident in Thailand and died with your "wife" claiming inheritence, etc.

I feel more comfortable being openly married and do not see any disadvantages. Goodguy's problem is probably just ignorance on the part of his local Amphur, I'm sure he'll get it sorted.

Not worried about that. My company have provided me Non Imm B's for many years.When I decide to stop working we'll go to our home in Sydney permanently and come to Thailand whenever we feel like a Thai "fix". Or alternatively I could apply for PR, as I have had non-imm B extensions for more than 3 years.But I doubt I could ever be bothered with that. Choice is good

[lopburi3]

The problem came when her ID card with the holes punched in it was shown, then the marriage certificate

I have waited for someone to explain why "holes" would be punched in her ID Card but guess I will have to ask. Why? My assumption would be that it was invalid once this happens, just like a passport, but have never seen it. If invalid that would be reason enough not to register land I would think. Is the ID card perhaps in her maiden name and she now requires one in her married name in order to buy the land but it hasn't been issued yet? I suspect the reason is not because she is married to you but because legal documents (id card/home register) have not been updated.

If I am wrong would suggest she have a lawyer with her (or at the very least a degree holder) who can help explain things, and if need be remind the officials policy changed on land registrations.

[dr_Pat_Pong]

She had cash. The problem came when her ID card with the holes punched in it was shown, then the marriage certificate, A Thai one, was shown and with that, she was told that now she was married to a farang, she cannot buy land.

Talk to someone in authority...the holes indicate cancellation of the ID

[goodguy]

OK Thanks everyone. Just wondering in which order one goes about visiting the "Land Department". I suppose it would be before any dealings with the Amphoe Upcountry, no?

Like:

Step 1: Sign/get form from Land Department.

Step 2: Wife go to Amphoe Upcountry.

Step 3: Wife buys land.

Please confirm...

Regards

goodguy

[lopburi3]

I hope someone who have experience this can provide you details. Have you just married by chance and ID card is in the process of being made? She must have proper ID card and home register to do much of anything and this paperwork is done at the District Office. Only if her documents are current can she deal with the Land Registration Office. I believe all paperwork for transfer of land and certify money/husband understands has no claim are done at the Land Office.

[pnustedt]

Go with your wife and the person selling the land to the local amphur where they store all the local land deeds.

Take a copy of your marriage cert., main passport page, your wife to take ID, etc. and some dosh. The seller also to take ID and land deeds.

At the amphur they will sort everything out between your wife and the seller. No doubt they will ask for something else, we invariably have to go to an office somewhere to get something, but it is always sorted in the end. Just be prepared to frig about for a few hours.

You will have to sign that you understand that you have no interest and pay some baht for the "service".

I think the holes in the ID card which is confusing people is the number of the card (the old ID cards had the number punched in them). You shouldn't have a problem but will experience a lot of frustrating red tape which the Thais love to play with - just let them get on with it and smile when they refer to you.

It's an experience - good luck and take a book to read!

[cbatson]

Surin is absolutely correct. She can as long as you sign away any claims against the land by you.

More than that, you will have to sign a document saying that the money used to buy the land belongs to a Thai national. If, in reality, you paid for some or all of the land, you should also have a contract between yourself and your wife saying that the batch of money used for land purchase was given to her by you unconditionally. There is a legal term for this, "hi doi kwam sanay haa". I cannot emphasize the following strongly enough -- be extremely cautious about doing this. Afterwards you will have absolutely no claim to the land or the money used to purchase it whatsoever.

If you have a child with Thai nationality, I recommend putting the land in the child's name instead. The child's Thai mother would have to be listed as a custodian on the title, but she would be unable to sell the land without a court order.

Chuck

[sanook]

First buy the land in your wifes (Thai) mothers name and then legally she can give it to her daughter(Your wife). I did this here upcountry..no problem changing land title into my wifes name.

[pnustedt]

no problem changing land title into my wifes name.

Yes my wife did this four weeks ago - from her sister's name, three farms, 20-30 rai, transfer fee was about 15,000 baht.

Previously she has bought land in her own name but, I agree, if there is a problem buy it in someone else's name and transfer it later. You'll still have to sign that you have no interest tho'.