Divorce To Own Land

[phibunmike]

Sorry if this has been answered elsewhere, I think I saw something once but can't find it.

I heard of a happily married falang with thai wife who had to get a divorce so that they could buy land in her name. I don't know all the details.

Is there any truth in this, if so in what circumstances ? Getting married in a couple of weeks and don't want any problems with land we already have or intend to buy in the future. I know many if not most of you are happily mixed-marriage land owners.....

Thanks,

Mike

[mrbojangles]

Sorry if this has been answered elsewhere, I think I saw something once but can't find it.

I heard of a happily married falang with thai wife who had to get a divorce so that they could buy land in her name. I don't know all the details.

Is there any truth in this, if so in what circumstances ? Getting married in a couple of weeks and don't want any problems with land we already have or intend to buy in the future. I know many if not most of you are happily mixed-marriage land owners.....

Thanks,

Mike

Absolutely NOT true phibunmike

[lingling]

There used to be a law that prohibited thai women married to farangs from owning land. That law was repealed sometime in the 90's so now they can. However, if a thai woman married to a farang is going to buy land, the farang husband must sign a document at the land office certifying that he did not pay for the land and that he can not have any claims on that land etc etc. She also have to prove at the land office that her own money was used to pay for the land (by showing bank books etc).

...xenophobia...

[Rinrada]

It was once the case that if a Thai female married a foreign devil she could not own land in her own name.

Fortunately common sense prevailed (sometimes..supprise supprise)and a couple of years ago the Government changed the Law to permit said transactions.

I know of a lot of land owning Thai Fs who are still not convinced and because of that are reluctant to get too involved with Non T gentlemen. Love over land...no question....

[lopburi3]

1. A foreigner can not own land in Thailand.

2. A Thai can own land in Thailand married to a foreigner but the money used will be considered hers/his alone and foreign party must acknowledge this fact at time of land registration.

3. There is no need to divorce - years ago there was a problem where land office would not register land to a woman married to a foreigner but new procedure in 2 above takes care of that problem.

[mrbojangles]

There used to be a law that prohibited thai women married to farangs from owning land. That law was repealed sometime in the 90's so now they can. However, if a thai woman married to a farang is going to buy land, the farang husband must sign a document at the land office certifying that he did not pay for the land and that he can not have any claims on that land etc etc. She also have to prove at the land office that her own money was used to pay for the land (by showing bank books etc).

...xenophobia...

That's what i believe also lingling. I also believe it was something to do with when the wife took on the Falang surname but it doesn't apply any more.

[phibunmike]

Thanks mrbojangles, lingling, Rinrada and lopburi3 for clearing that up so clearly and quickly

[astral]

the farang husband must sign a document at the land office certifying that he did not pay for the land ..........................

<{POST_SNAPBACK}>

So this does mean Thai wives cannot own land.

Surely the farang always pays.

[phibunmike]

the farang husband must sign a document at the land office certifying that he did not pay for the land ..........................

<{POST_SNAPBACK}>

So this does mean Thai wives cannot own land.

Surely the farang always pays.

<{POST_SNAPBACK}>

No, it actually re-enforces her ownership by ensuring the farang has no claim whatsoever on the land.

edited typo...

Edited December 15, 2005 by phibunmike

[sonthaya]

I have been told that the Thai wife owns the land, but the farang husband can own the house they build on land, the wife then will sign a 30 year lease to the farang husband. Is this true ?

[steveromagnino]

I have been told that the Thai wife owns the land, but the farang husband can own the house they build on land, the wife then will sign a 30 year lease to the farang husband. Is this true ?

<{POST_SNAPBACK}>

almost correct. actually there is even the ability to own the house outright, although of course you would need access to the land too, hence the lease for the land (which cannot be owned).

Can we use the words foreigner instead? Because the reality is that the law was instigated for ALL foreign devils especially the yellow peril, not just the white ones?

[Dragonman]

the farang husband must sign a document at the land office certifying that he did not pay for the land ..........................

<{POST_SNAPBACK}>

So this does mean Thai wives cannot own land.

Surely the farang always pays.

<{POST_SNAPBACK}>

This is very true astral, and why it is now accepted that the money may be put in the wife's account by way of a gift from the husband. In true Thai fashion he "pays for it" but didn't "pay for it".

[Gary A]

I just bought 10 rai for my wife and I didn't sign anything. It is no secret that we are married because she has changed her family name to mine and my name would never be mistaken for a Thai name. LOL!

[Dragonman]

I just bought 10 rai for my wife and I didn't sign anything. It is no secret that we are married because she has changed her family name to mine and my name would never be mistaken for a Thai name. LOL!

<{POST_SNAPBACK}>

It's illegal for her not to advise the land office. But never mind, don't think criminal responsibility will come back on you if they find out

[KronbergTH]

Its no big deal. According to the new law, Thai can own land whether she is married to farang or not. There is no problems as long the wife does not die...

[Dragonman]

Its no big deal. According to the new law, Thai can own land whether she is married to farang or not. There is no problems as long the wife does not die...

<{POST_SNAPBACK}>

There's no problem with a Thai married to a foreigner owning land, but she must advise the land office of such and the husband must sign a declaration( for some obscure reason)

[Gary A]

When a farang buys land in Thailand you can kiss your money good bye. You have no ownership other than if you want to start a bogus company or legally make a lease. I am 60 and my wife is 38 so I expect her to outlive me by quite a long time. I bought it for her future so when I am gone she will have some income. If she throws me out tomorrow I will have to just walk away. Obviously I don't expect that to happen but unfortunately things like that do happen often.

[Dragonman]

When a farang buys land in Thailand you can kiss your money good bye. You have no ownership other than if you want to start a bogus company or legally make a lease. I am 60 and my wife is 38 so I expect her to outlive me by quite a long time. I bought it for her future so when I am gone she will have some income. If she throws me out tomorrow I will have to just walk away. Obviously I don't expect that to happen but unfortunately things like that do happen often.

<{POST_SNAPBACK}>

My sentiments exactly! I mirror your position. In fact I only own my computer! Wait a minute, she's entitled to half that under community property laws

[stevehaigh]

I just bought 10 rai for my wife and I didn't sign anything. It is no secret that we are married because she has changed her family name to mine and my name would never be mistaken for a Thai name. LOL!

<{POST_SNAPBACK}>

maybe the land office doesn't know the law, but that's a bit hard to believe. by thai law, any assets aquired within the marriage are 50/50 owned by both parties which means you own 1/2 interest in the land, WHICH IS ILLEGAL. so be careful, i would ask a lawyers opinion if i was you.

[malcolminthemiddle]

Sorry if this has been answered elsewhere, I think I saw something once but can't find it.

I heard of a happily married falang with thai wife who had to get a divorce so that they could buy land in her name. I don't know all the details.

Is there any truth in this, if so in what circumstances ? Getting married in a couple of weeks and don't want any problems with land we already have or intend to buy in the future. I know many if not most of you are happily mixed-marriage land owners.....

Thanks,

Mike

<{POST_SNAPBACK}>

I know a couple who did exactly that, after the divorce and land registration they got married again.

[Bryan in Isaan]

Its no big deal. According to the new law, Thai can own land whether she is married to farang or not. There is no problems as long the wife does not die...

<{POST_SNAPBACK}>

What if she dies??? I have always wondered about that. I have this vision of coming home from the funeral, and the inlaws meet me at the door and say, "Who the h*ll are you?"

We are both healthy and in our mid 40's, so I hope it doesn't happen any time soon, but it would nice to know, in case it did.

Bryan

Edited December 18, 2005 by Bryan in Isaan

[mrbojangles]

Its no big deal. According to the new law, Thai can own land whether she is married to farang or not. There is no problems as long the wife does not die...

What if she dies??? I have always wondered about that.

I remember reading on here somewhere, that if she dies the Farang has got a certain time frame in which to sell the land. I'm not sure if it was 6 months or 12 months.

I'll try and do a search for something on that subject later.

[Bryan in Isaan]

...

What if she dies???  ....

I remember reading on here somewhere, that if she dies the Farang has got a certain time frame in which to sell the land. I'm not sure if it was 6 months or 12 months.

I'll try and do a search for something on that subject later.

<{POST_SNAPBACK}>

I tried to search once but couldn't find anything. You might have better luck.

Maybe the property ownership reverts to common law, but requires the farang to divest, as you say.

If you find any info I would be interested in hearing about it.

Thanks, Bryan

[Dragonman]

Its no big deal. According to the new law, Thai can own land whether she is married to farang or not. There is no problems as long the wife does not die...

<{POST_SNAPBACK}>

What if she dies??? I have always wondered about that.

<{POST_SNAPBACK}>

I remember reading on here somewhere, that if she dies the Farang has got a certain time frame in which to sell the land. I'm not sure if it was 6 months or 12 months.

I'll try and do a search for something on that subject later.

<{POST_SNAPBACK}>

It is really up to the Minister of the Interior, but 1 year is normal. If not sold it can then be auctioned. The same rules are followed when it is found you have non-trading company.

[Sumitr Man]

Bryan:

Do a search on Section 93 of the Land Code, you'll find it in there

[frankafey]

If the Thai spouse should die and you have children then I would think the the property would go to the children since children in such a marriage can become a Thai citizen. I plan on my son to get his Thai passport and have the best of both worlds.

[egeefay]

Its no big deal. According to the new law, Thai can own land whether she is married to farang or not. There is no problems as long the wife does not die...

<{POST_SNAPBACK}>

What if she dies??? I have always wondered about that.

<{POST_SNAPBACK}>

I remember reading on here somewhere, that if she dies the Farang has got a certain time frame in which to sell the land. I'm not sure if it was 6 months or 12 months.

I'll try and do a search for something on that subject later.

In "Hua Hin Today" and article on this subject states :

Even if the Thai spouse dies, the foreigner has no claim to the land and there is nothing to stop the relatives from moving in (if they haven’t already) and booting you out.

If you want a house to call your own without the prospect of your spouses’ relatives circling hungrily, this is not a good option"

http://www.huahintoday.net/index.php?actio...ype=news&id=616

Sounds to me like the Thai property laws are something out of the past century.

What if both Foreign Husband and Thai wife are killed in an automobile accident? Sounds like their kids get nothing unless they are Thai citizens.

Makes buying property in Thailand like stepping through a minefield.

[Bryan in Isaan]

I think that disclaimer the foreign spouse signs might eliminate his/her chances to inherit the property. It would then be up for grabs by the deceased Thai citizen's family. This country isn't very

investment friendly, is it?

Bryan

[Dragonman]

Its no big deal. According to the new law, Thai can own land whether she is married to farang or not. There is no problems as long the wife does not die...

<{POST_SNAPBACK}>

What if she dies??? I have always wondered about that.

<{POST_SNAPBACK}>

I remember reading on here somewhere, that if she dies the Farang has got a certain time frame in which to sell the land. I'm not sure if it was 6 months or 12 months.

I'll try and do a search for something on that subject later.

In "Hua Hin Today" and article on this subject states :

Even if the Thai spouse dies, the foreigner has no claim to the land and there is nothing to stop the relatives from moving in (if they haven’t already) and booting you out.

If you want a house to call your own without the prospect of your spouses’ relatives circling hungrily, this is not a good option"

http://www.huahintoday.net/index.php?actio...ype=news&id=616

Sounds to me like the Thai property laws are something out of the past century.

What if both Foreign Husband and Thai wife are killed in an automobile accident? Sounds like their kids get nothing unless they are Thai citizens.

Makes buying property in Thailand like stepping through a minefield.

This is an old article from the farang correspondent for the Nation which has been taken from the paper's website. A lot of it is total nonsense and I wish lots of these sources would check their facts. If you both make wills there is no problem with regard to inheritance, it doesn't matter if you sign that it's not your money.

Also probably an equally ridiculous statement in the article is about 90 year leases and options being similar to freehold. Advice must have come from the Thai "lawyer of the year"