When Wife Buys Land

[bigmeow]

Hi, if your wife, who has not changed her name to the farang name, buys land in Thailand and the farang hasn't signed any papers, can there be problems later on?

[Khun Jean]

It would be a small case of 'fraud'.

Just make sure nothing bad will happen in the future by signing the paper that the land is your wifes 100%.

[yougivemebaby]

What are the laws regarding buying a home/land if you're not married?

[necronx99]

I don't understand the issue here. My wife did no take my name when we got married outside of Thailand and has bought land under her original name.

What are the potential complications?

Does she have to take my name under Thai law?

Will it complicate my marriage visa if she doesn't?

[hanuman2543]

It is against the Land Act Section 96 and punishable by law and therefore illegal. The Thai partner could be prosecuted by Land Act, Section 113, Penal Code 137 and 267. Especially if the foreigner provides the funds, the land has to be sold and the money goes back to the foreign spouse. The foreign spouse could be prosecuted according to Land Act, Section 111.

Edited January 22, 2012 by hanuman2543

[Perthite]

Shockingly interesting hanuman2543. If "it" is correct, it means thousands of cross-cultural marrage partners in Thailand are in jepardy of catastrophy. It is common for expats to fund Thai wife purchases for all sorts of things including a place to call home to bring up children from their union. If prosecution is correct it would mean Thailand would be in breach of the United Nations Declaration of Human Rights.

Article 25

(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing,

housing

and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

A URL link to a Thai GOVERNMET webpage, quoting Land Act, Section 113, Penal Code 137 and 267 would be appreciated, even if it is all in Thai for my Thai wife to read. It's not that I don't believe hanuman2543 , I just want my wife to be aware.

I guess Thailand is not a signatory of the UN Charter of Human Rights.

[hanuman2543]

From the webpage of the Land Departement:http://www.dol.go.th/

" An alien whose spouse is a Thai national either legitimate or illegitimate, that Thai national can purchase land but the alien spouse of that Thai national must give a joint written confirmation that the money which that Thai national will expend on purchasing the land is wholly the separate property or personal effects of that Thai national and not the Sin Somros or jointly acquired property."

Section 111 Any person who violates or fails to comply with Section 86 shall be liable to a fine not exceeding twenty thousands Baht or imprisonment for a term not exceeding two years or both

Section 113 Any person who acquires land as an agent of an alien or juristic person under the provisions of Section 97 or 98 shall be punished with a fine not exceeding twenty thousand Baht or an imprisonment not exceeding two years, or both.

Section 137 Whoever, giving any false information to any official, and is likely to cause injury to any person or the public, shall be punished with imprisonment not exceeding six months or fine not exceeding one thousand Baht, or both

Section 267 Whoever, notifying the official doing oneself's duty to make any false entry in the public or official document for the aims to be used as evidence, shall be imprisoned not out of three years or fined not out of six

Let your wife google the laws in Thai, you can find them very easy

Edited January 24, 2012 by hanuman2543

[Soutpeel]

Does she have to take my name under Thai law?

Will it complicate my marriage visa if she doesn't?

No...

No...

As regards the OP question...yes there could be a problem as it could be seen that she is being used as a proxy for you to purchase land, which is illegal.

Edited January 24, 2012 by Soutpeel

[necronx99]

Does she have to take my name under Thai law?

Will it complicate my marriage visa if she doesn't?

No...

No...

As regards the OP question...yes there could be a problem as it could be seen that she is being used as a proxy for you to purchase land, which is illegal.

Thanks, in my case she bought before we were married which makes it no issue I take it?

[thaiwanderer]

The declaration is to do with the land being Suan Tua of the wife.

It does not mean the prohibition of nominee ownership is not breached nor does its absence mean it is breached.

[hanuman2543]

From the website of the DoL (http://www.dol.go.th/dol/index.php?option=com_content&task=view&id=1325)

Enforcement and Punishment Measures in Land Holding as an Agent for an Alien

If it appears the fact last that there is the treat of land holding as an agent for an alien, the measures to the land disposal and the offender punishment shall be enforced as follows;

1) Measures on land by enforcement to dispose of the land in accordance with legal procedures.

Under Section 94 and 96 of the Land Code, stipulate the regulation when it appears that person who obtained the land as an agent for an alien or alien entity or alien who obtained the land illegitimately, he/she shall dispose of such land in the portion of his/her possession within the period of time specified by the Director-General of the Department of Lands which shall be not less than one hundred eighty days and not more than one year. The Director-General shall have the power to dispose of such land if time limit elapses.

2) Measures on individuals with criminal offense and to be punished in accordance with laws.

In the case of applying for land registration as an agent for an alien, there will be a criminal offense as follows;

2.1 Offenses against the Criminal Code Section 267 due to information the competent official to recode false statement in the official documents shall be subject to punishment with an imprisonment of not exceeding three years or a fine of not exceeding 6,000 Baht or both.

2.2 Offenses against the Land Code. The alien who commits the offenses under the Land Code Section 111, due to the acquisition of land illegitimately; shall be subject to punishment with a fine of not exceeding 20,000 Baht or an imprisonment of not exceeding two years or both. Juristic person who commits the offense under the Land Code Section 112, or Section 113 in case of Thai people; due to the acquisition of land as the agent for an alien or alien entity shall be subject to punishment with a fine of not exceeding 20,000 Baht or imprisonment of not exceeding two years or both.