Can The Thai Wife Of A Foreigner Legally Own Land?

[gmac]

Reading on several sites it looks to me that the only way a Thai wife of a foreigner can legally buy a property is if she can show she had the necessary money before marriage.

I'm interested from the viewpoint that having recently married and currently living in rented accommodation, it would be nice to provide for my wife's future by putting the rent into a mortgage instead. The monthly payments would largely come from me but I would have no particular interest in ownership myself as apart from a deposit, which we would save jointly, all the payments would come from monies that I would otherwise have paid out in rent. Any statement that I would have to sign for the Land Department confirming that all monies come from her would clearly be false so I can't see a legitimate way to proceed.

Any views would be appreciated.

[TommoPhysicist]

If you give her cash as a gift for a deposit on a mortgage, it is her money so not against the rules.

Providing the entire amount, in expectation of something in return, would be a different kettle of fish.

Or

You could specify that money came from you as a 'conditional gift' or a loan, which I believe, is allowed under Thai law.

Edited June 10, 2012 by TommoPhysicist

[MJCM]

All the land and the houses we bought are in my wife's name, I had to sign a piece of paper at the Land Office every time when we bought something, that the land is not mine and that I can't claim it when we get divorced (or something like that)

Edit: //

Every time I transferred the money to her Bank Account just days before the purchase. But if that is legal I don't know as it clearly shows the money is Sin Som Rod and not as should be Sin Son Tua.

Edited June 10, 2012 by MJCM

[gmac]

I appreciate the reassurance MJCM but is it strictly legal? What I read stated that up to 1999 Thai wives of foreigners could not own land at all. Thereafter following some Land Act they were allowed to own if they had money prior to marriage. What I can't see written down anywhere is whether they can buy subsequent to marriage as long as the husband signs away any rights to it.

[Soutpeel]

I appreciate the reassurance MJCM but is it strictly legal? What I read stated that up to 1999 Thai wives of foreigners could not own land at all. Thereafter following some Land Act they were allowed to own if they had money prior to marriage. What I can't see written down anywhere is whether they can buy subsequent to marriage as long as the husband signs away any rights to it.

The law has been removed..the process the other posters describe about signing a paper to state no claim against the land and the money is a gift is the correct process

[gmac]

I appreciate the reassurance MJCM but is it strictly legal? What I read stated that up to 1999 Thai wives of foreigners could not own land at all. Thereafter following some Land Act they were allowed to own if they had money prior to marriage. What I can't see written down anywhere is whether they can buy subsequent to marriage as long as the husband signs away any rights to it.

The law has been removed..the process the other posters describe about signing a paper to state no claim against the land and the money is a gift is the correct process

Thanks for that. Are you aware of which Act removed the law or where it is actually written somewhere that they are in fact entitled to own land? I know that any real estate agent would be able to confirm it for me, but then, they would wouldn't they!!

[ballbreaker]

OP I think your question has been answered but if you must see it in writing then check below website.

http://www.thailandlawonline.com/Laws/property-law-land-code-amendment-act.html

[gmac]

Thanks very much just what I needed to see. Yes the question had been answered but advice and help on a forum is just that, albeit sometimes very helpful and much appreciated, the law, however, is the law and I prefer to know exactly where I stand before embarking on any course of action.

[Khun Jean]

We (meaning my wife) recently bought some land and my wife had to show her bank book to prove that the money was from her and not a gift from her husband just a few days before.

This is however not the normal procedure, but it happens when too many foreigners are using tricks to obtain control over land.

Just keep in mind that every employee you meet at the land office has there own little set of rules and are difficult to correct, especially when you show knowledge, it is the 'face' thing.

Play the dumb but insistent one, ask many questions, especially the 'why' question and if they have a reference for that particular 'rule'. Sometimes they find out by themselves that they are wrong, but even then some are not able to entertain the thought that they might be wrong.

Moving the whole transfer to another day, and then try again preferably with another employee will work, otherwise you just have to keep on pressure and even involve the 'big boss' or heaven forbid a lawyer (not for his knowledge, but his 'title') to settle things.

Don't worry to much about it though, many times it goes really smooth.

Edited June 12, 2012 by Khun Jean

[Gonsalviz]

I am lucky enough to not have a rip off set of in laws. The MIL have the land I bought in their name which will be given to my wife. No such worry.

I have read stories about the in-laws /outlaws but I have not experienced that 2 times now. I hope you have the same kind of luck.

[simple1]

I gave a bank cheque to my wife for buying land with house in Pattaya. It did not require me ton sign anything at the Land Office, so why are some people being requested to do do? To put it another way, why would the Land Office even be aware that the funds come from a foreigner?

[Khun Jean]

I gave a bank cheque to my wife for buying land with house in Pattaya. It did not require me ton sign anything at the Land Office, so why are some people being requested to do do? To put it another way, why would the Land Office even be aware that the funds come from a foreigner?

All woman married to a foreigner has to say they are married (not with the ceremony but with official registration at the Amphur) and the foreigner has to sign the paper. No exceptions!

She has your last name? Because that is most of the time the quick check they do.

If this was not done it can bite you in the future because you are now in breach of the law.

It will be your fault and never the land office. Everyone can make a mistake (landoffice) but it is your duty to fix it, because it will effect you. The reasoning is that you should know the law, and if something like this happens they will put the blame on you.

So go fix it!

Edited June 13, 2012 by Khun Jean

[simple1]

I gave a bank cheque to my wife for buying land with house in Pattaya. It did not require me to sign anything at the Land Office, so why are some people being requested to do do? To put it another way, why would the Land Office even be aware that the funds come from a foreigner?

All woman married to a foreigner has to say they are married (not with the ceremony but with official registration at the Amphur) and the foreigner has to sign the paper. No exceptions!

She has your last name? Because that is most of the time the quick check they do.

If this was not done it can bite you in the future because you are now in breach of the law.

It will be your fault and never the land office. Everyone can make a mistake (landoffice) but it is your duty to fix it, because it will effect you. The reasoning is that you should know the law, and if something like this happens they will put the blame on you.

So go fix it!

No we do not have a marriage registered with the Amphur, married overseas, nor does she use my surname. We recently went to the Nong Prue Amphur (Chon Buri) for me to obtain a yellow Tambien Ban, we we not required to register our marriage. House is owned by my wife. Please forgive my lack of knowledge, but what are the legal ramifications for not declaring funds were from overseas; By the way of background my wife does have tax returns from overseas to show her earnings which would be sufficient to acquire a house in Thailand, but our funds were transferred to Thailand into my bank account.

Thanks for your time & effort for a response...

Edited June 13, 2012 by simple1

[Khun Jean]

The law, unfortunately they want to know everything, says you have to register your marriage.

When married outside Thailand you would need to get your marriage certificate and use that to register your marriage here in Thailand.

Not registering it would mean you purposefully (that is what they think) left out that information.

The land would have to be sold, or worst case will be confiscated.

Thailand is not very hard with enforcing so what probably will happen is that you get about 1 year to correct the mistake.

Correcting the mistake is registering your marriage at the Amphur and sign the paper at the landoffice.

Nothing to worry about, it are just formalities, but they have to be in order for the future.

[soi41]

All the land and the houses we bought are in my wife's name, I had to sign a piece of paper at the Land Office every time when we bought something, that the land is not mine and that I can't claim it when we get divorced (or something like that)

Edit: //

Every time I transferred the money to her Bank Account just days before the purchase. But if that is legal I don't know as it clearly shows the money is Sin Som Rod and not as should be Sin Son Tua.

Yes you can claim a 50/50 split on the property, no matter what paper you have signed in the landoffice, as the courts will throw it out. It is consided signed under duress=no signature, no landbuy. This piece of paper is only for the landoffice to cover their backside. Can in a divorcesituation even work against the Thai wife for being an agent for an alien. (section 267 of the penal code)

[Khun Jean]

.... under duress=no signature, no landbuy ....

What duress?

Duress to spend money?

In court you can always try of course but changes are very slim. Don't let the 50/50 be a part of the decision.

The only decision is do you want to give it to your wife yes or no. Simple.

[soi41]

.... under duress=no signature, no landbuy ....

What duress?

Duress to spend money?

In court you can always try of course but changes are very slim. Don't let the 50/50 be a part of the decision.

The only decision is do you want to give it to your wife yes or no. Simple.

I don't say that you are wrong, but as we both know, Thai law work in mysterious ways. I have followed 2 divorcecases close up, as my wife is a lawyer and in both cases represented the farang husband. Both cases involved property, ordered by the court to be sold within a year. One a 50/50 split, the other 100% to the husband (had the moneytrail to prove, that his money bought the property). The piece of paper from the landoffice was ignored in both cases. Under duress was the courts wording, not mine. This took place in Prachuap Khirikhan.

[Arun79]

Hi I have just been reading this post and it has got me thinking my wife has the land with the house in her name and I have never signed any papers regarding either.

Could this be a problem in the future?as we are thinking about buying some more land in the Ubon.

From memory her mother purchased the land 1 rai in her name because we was still in England and my wife transferred everything into her name once the house was finished.

They know she is married to me as She has my surname and she had our two children with her when she did the transfer.

Any advice would be grateful.

[how241]

OP I think your question has been answered but if you must see it in writing then check below website.

http://www.thailandl...ndment-act.html

Good info. Thanks

[w11guy]

All the land and the houses we bought are in my wife's name, I had to sign a piece of paper at the Land Office every time when we bought something, that the land is not mine and that I can't claim it when we get divorced (or something like that)

Edit: //

Every time I transferred the money to her Bank Account just days before the purchase. But if that is legal I don't know as it clearly shows the money is Sin Som Rod and not as should be Sin Son Tua.

Yes you can claim a 50/50 split on the property, no matter what paper you have signed in the landoffice, as the courts will throw it out. It is consided signed under duress=no signature, no landbuy. This piece of paper is only for the landoffice to cover their backside. Can in a divorcesituation even work against the Thai wife for being an agent for an alien. (section 267 of the penal code)

If you get divorced and then claim half the property that you gave your wife money to pay then you would most likely be charged with illegally owning land and maybe also fraud - for signing a form that claimed the money was your wife's but then later claiming it was not. Foreigners are not allowed to own land here (except in certain circumstances), so why would anyone have a claim on something that they can't legally own.