Can My Thai Wife Own Land (Chanote)

[GooEng]

i have read and heard that once a thai woman is married to a foreigner she loses the right to own land in thailand.

or more specifically i read that her name cannot go on the chanote title deed.

have heard varying reports about this - anyone know the facts?

thx in advance

[Lite Beer]

The facts are that She can own land with no problem.

My Wife does.

[Benjie]

My legal Thai wife here in Thailand who shares my Western surname has bought land in both Phuket and Issan with me present without any difficulty, I have both times been asked to (and did) sign the form stating it was bought with my wifes own money,

[InterestedObserver]

The OP is referring to a Thai law that was repealed years ago after the Thai Supreme Court said that all Thai citizens have equal rights to own land. A foreign husband is now required to sign a statement saying that the his wife is using her own money to purchase the land and the funds are not Sin Somros (marital property).

[GooEng]

thanks all, relieved to hear it.

[Khun Jean]

This is not the only untrue story that is hard to eradicate.

Even lawyers and real estate agents count on your lack of knowledge so be aware.

Read through this website and learn every bit you can before buying something.

[gamini]

My legal Thai wife here in Thailand who shares my Western surname has bought land in both Phuket and Issan with me present without any difficulty, I have both times been asked to (and did) sign the form stating it was bought with my wifes own money,

But of course if you give your wife Bt10 million as a birthday present it becomes her money. This is indisputable.

If the land department tried to dispute this as not being her own money. she should sue the official concerned and even make a complaint to higher authority. If the wife says it is her own money the Land department has no right to question her as to where she got it. In most cases they do not try this on Thais married to foreigners.

[Khun Jean]

My legal Thai wife here in Thailand who shares my Western surname has bought land in both Phuket and Issan with me present without any difficulty, I have both times been asked to (and did) sign the form stating it was bought with my wifes own money,

But of course if you give your wife Bt10 million as a birthday present it becomes her money. This is indisputable.

If the land department tried to dispute this as not being her own money. she should sue the official concerned and even make a complaint to higher authority. If the wife says it is her own money the Land department has no right to question her as to where she got it. In most cases they do not try this on Thais married to foreigners.

Never been to a land office before did you?

Sue the official?

Oh, boy you are in for a few surprises.

[Pib]

But of course if you give your wife Bt10 million as a birthday present it becomes her money. This is indisputable.

If the land department tried to dispute this as not being her own money. she should sue the official concerned and even make a complaint to higher authority. If the wife says it is her own money the Land department has no right to question her as to where she got it. In most cases they do not try this on Thais married to foreigners.

You still got some things to learn about the Thai legal system...even Thai's are still trying to figure it out (or not follow it). Dorthy, you ain't in Kansas anymore.

To the OP: InterestedObserver's post above hit the nail on the head. Also, my Thai wife owns land...on our residence the chanote has her name on it as the owner...and my name is also on the chanote as having a Usufruct on the land.

[gotlost]

But of course if you give your wife Bt10 million as a birthday present it becomes her money. This is indisputable.

If the land department tried to dispute this as not being her own money. she should sue the official concerned and even make a complaint to higher authority. If the wife says it is her own money the Land department has no right to question her as to where she got it. In most cases they do not try this on Thais married to foreigners.

You still got some things to learn about the Thai legal system...even Thai's are still trying to figure it out (or not follow it). Dorthy, you ain't in Kansas anymore.

To the OP: InterestedObserver's post above hit the nail on the head. Also, my Thai wife owns land...on our residence the chanote has her name on it as the owner...and my name is also on the chanote as having a Usufruct on the land.

Bangkok land office have just came out and said they will not recognize Usufruct as they go against Thai Law.

http://www.thaivisa.com/forum/topic/417428-local-land-department-in-bangkok-says-they-will-not-accept-to-register-a-usufruct/

Edited November 27, 2010 by gotlost

[Pib]

Bangkok land office have just came out and said they will not recognize Usufruct as they go against Thai Law.

You talking "one" of the land offices in Bangkok that covers X amount of khets? There are multiple land offices in Bangkok covering the different khet's. Got a source for your statement such as a land office webpage saying such, copy of the annoucement, etc? Thanks.

[Pib]

But of course if you give your wife Bt10 million as a birthday present it becomes her money. This is indisputable.

If the land department tried to dispute this as not being her own money. she should sue the official concerned and even make a complaint to higher authority. If the wife says it is her own money the Land department has no right to question her as to where she got it. In most cases they do not try this on Thais married to foreigners.

You still got some things to learn about the Thai legal system...even Thai's are still trying to figure it out (or not follow it). Dorthy, you ain't in Kansas anymore.

To the OP: InterestedObserver's post above hit the nail on the head. Also, my Thai wife owns land...on our residence the chanote has her name on it as the owner...and my name is also on the chanote as having a Usufruct on the land.

Bangkok land office have just came out and said they will not recognize Usufruct as they go against Thai Law.

http://www.thaivisa....ter-a-usufruct/

Not sure a link to another TV post which was started because the poster said, "Asked my secretary to call the Land Department where the house is, and they said (after talking to the "head") that they would not accept to register a Usufruct, as they considered it a circumvention of the rules to let a Alien control/own land....." as much of a source.

I think it's well known that it's tough to get a usufruct at certain land offices across the country and also easy to get a usufruct at other offices. Sometimes I think it just a case of the "head guy" in certain land offices not wanting farangs to have control over land. Those evil farangs.....

[Lannatyne]

I accept that some Land Officials will put obstacles in the way, but the law is the law. Whatever they say, a Usufruct is fully written down and detailed in the Thai Civil and Commercial Code.

I'm sure it would be hard yakka for a 'married couple' to try to persuade an official themselves, but the use of a lawyer who knows the law should bring success, even if it does involve a little extra money.

[tutsiwarrior]

I accept that some Land Officials will put obstacles in the way, but the law is the law. Whatever they say, a Usufruct is fully written down and detailed in the Thai Civil and Commercial Code.

I'm sure it would be hard yakka for a 'married couple' to try to persuade an official themselves, but the use of a lawyer who knows the law should bring success, even if it does involve a little extra money.

this happened in my own case when my wife went to register the usufruct at our small local land office; some nationalistic idiot clerk tried it on but our lawyer (from one of the thaivisa sponsors) who was present listened patiently and then said: 'get on with it please, don't make me get bad on you...'

the lawyer never threatened to bring a suit against them...he just indicated that they didn't know what the <deleted> they were talking about...we were also advised by the staff at the local transport office that it is against the law to issue driving licenses to foreigners...

the lawyer did cost some money but it was well spent...as for the driving license, well, I prefer to sit in the back of our 12 seater van with a drink and let the brother-in-law drive given the stressful local road conditions...