My Wife Owned Land When We Got Married

[thaibeachlovers]

While researching something else on TV I found this

Under former Land Office policy, Thai nationals who married foreigners were prohibited from ownership of land in Thailand. This prohibition was based on principles of community property law and a general presumption that the Thai spouse was holding the land for the benefit of the foreigner. However, under current Land Office policy the Thai spouse can own land in Thailand, provided that the foreign spouse signs a letter declaring the property to be the separate property of the Thai spouse and waiving any interest in the property.

Is it necessary for me to sign the paper, or is it that because she already had the land when we married I don't have to do anything?

Thanks for any help.

[Artamus]

If it's already in her name I doubt you'll have anything to sign. I certainly didn't when we married. They probably will not ask anyway. I think that law only applies to land being bought after the marriage. If your wife retains her maiden name after marriage I would guess they wouldn't ask then either.

[thaibeachlovers]

If it's already in her name I doubt you'll have anything to sign. I certainly didn't when we married. They probably will not ask anyway. I think that law only applies to land being bought after the marriage. If your wife retains her maiden name after marriage I would guess they wouldn't ask then either.

Thanks for that.

However, she did change her name.

[Artamus]

If it's already in her name I doubt you'll have anything to sign. I certainly didn't when we married. They probably will not ask anyway. I think that law only applies to land being bought after the marriage. If your wife retains her maiden name after marriage I would guess they wouldn't ask then either.

Thanks for that.

However, she did change her name.

No she didn't change her name. There are considerable advantages to her not changing her name (if you are both living in Thailand). Other than not having to change passports, ID cards, insurances, bank accounts.....etc etc, if your wife continues to use her maiden name a lot fewer questions get asked when she would deal with anything related to the government (running a business etc), buying land etc. She'll get a form to fill in when she marries asking whether she's going to continue using her own name or change it.

[Mario2008]

As said, no need to sign a paper by you as she already owns the land.

Under Thai law all possessions one had before the marriage remain your property. Only property (and that includes debts) acquired during the marriage will be split up upon divorce.

[stgrhe]

As you wife owned the land before you got married the property is sin suan tua, i.e. your wife's personal property in which you have no rights. Hence, you should not have to sign anything at the land office whether or not she changes her name.

The phrase you mentioned refers to a situation when your wife buys land while she is married. However, that statement doesn't in practice mean anything as if your wife buys land while married to you you will always own half despite the land office's statement. The law takes precedence over that paper and as the Thai laws state that all belonging purchased while married is common property (sin somros).

[Gonsalviz]

Thais married to foreigners are not prohibited from land ownership. Used to be but not anymore.