Getting married in Thailand

[tinytot]

I am getting married to my Thai partner next couple months and as I am Australian Citizen wanting to know my rights as to marrying in Thailand? Will I be able to be granted residency in Thailand? Can I open bank account in Thailand? What rights do I have? I guess I still cant purchase home but what about townhouse? Hope to hear some replies..tinytot

[Lite Beer]

Will I be able to be granted residency in Thailand? No, not without qualifying.

You can apply for 12 month permissions to stay with 400,000 Baht in a Thai bank or 40,000 Baht income a month.

Can I open bank account in Thailand? Yes. You can do that without being married.

I guess I still cant purchase home but what about townhouse? You can purchase a condo. No need to be married.

You can buy a house and put it in your Wife's name.

[lopburi3]

You will have the right to 50% of married income as Thailand is a joint property state. You can obtain non immigrant O visas and if female extensions of stay inside Thailand (if male you must independently financially qualify). If working here 3 years you might qualify for permanent residency at 1/2 the normal fee (if approved). You might also have a path to citizenship (but again just being married is not the key).

[aTomsLife]

Appears you don't know much at all about Thailand, yet are making a huge commitment. Don't let this thread be the extent of your research; that is the best advice I can offer. Good luck, OP.

[theblether]

Buy a condo and put it in your own name. Do not buy any property which is not solely in your name, and effectively in Thailand that means only a condo is available to you.

If after a few years of living here and getting to know the place you decide to put a house into your wife's name then up to you. I think though, that if we were to have a poll on Thaivisa about newly marrieds putting a house into the wife's name it would come back universally negative.

[Lite Beer]

The OP is Male if that helps anyone replying.

[AnotherOneAmerican]

Get your wife to buy a house with a home loan in her name.

You give her minimum deposit (5-15%) and make minimum repayments (over 25-30 years).

[tinytot]

Appears you don't know much at all about Thailand, yet are making a huge commitment. Don't let this thread be the extent of your research; that is the best advice I can offer. Good luck, OP.

Sorry mate I have only visited 26 times and have not done a lot of research on what rights I have, I do know I can own condo outright but with 2 kids and 10 yrs with thai gf I thought house would be best interest for family.. Tahnks for your reply

[ThaidDown]

Yes you have the right to 50% of accumulated income during the marriage, you also have the right to pay 50% of any debts.

As far as other rights....You have the right to remain silent, anything you say will be held against you at a future date.

Also don't forget your 'Affirmation to marry certificate' from your Embassy.

Good Luck.

[theblether]

Appears you don't know much at all about Thailand, yet are making a huge commitment. Don't let this thread be the extent of your research; that is the best advice I can offer. Good luck, OP.

Sorry mate I have only visited 26 times and have not done a lot of research on what rights I have, I do know I can own condo outright but with 2 kids and 10 yrs with thai gf I thought house would be best interest for family.. Tahnks for your reply

That's information you should have put on the OP, you need to know that we see and hear of so many people getting used in this country, especially newbies, that we universally encourage caution.

If you have been with the lady for ten years and have two kids with her then obviously that's a different thing.

[AnotherOneAmerican]

Appears you don't know much at all about Thailand, yet are making a huge commitment. Don't let this thread be the extent of your research; that is the best advice I can offer. Good luck, OP.

Sorry mate I have only visited 26 times and have not done a lot of research on what rights I have, I do know I can own condo outright but with 2 kids and 10 yrs with thai gf I thought house would be best interest for family.. Tahnks for your reply

I know several guys who lived with their Thai wife in the west all their married life, had kids, business together.

Came to live in Thailand bought a house or business, and the lady did an instant asset grab and dumped the guy.

Thailand is a weird place and none of the stuff you learned in the west works here.

Stay safe.

[AnotherOneAmerican]

If you have been with the lady for ten years and have two kids with her then obviously that's a different thing.

Really, it isn't.

[tinytot]

If you have been with the lady for ten years and have two kids with her then obviously that's a different thing.

Really, it isn'

I know I gotta keep my wits and look out for the unsuspecting friendly so called Thai ! haha.. maybe I have to get a prenuptial written up before buy a home?

[beano2274]

Were the kids born in Thailand, as if so you will have to go to court to legally their father, as if not married at the time of birth you are not the father even if your name appears on the birth certificate. Also dependant on their age, how long it will take.

Don't forget your affirmation to marry.

If you trust your wife then buy the house, if you do not trust her then get condos in your name.

[JLCrab]

OK I'll bite -- You have been with your girlfriend for 10 years and have 2 kids and now you want to get married. So what has changed? BTW Prime Minister Yingluck is not married to her partner and they have a (roughly) 10 year old son.

[apiwan]

Appears you don't know much at all about Thailand, yet are making a huge commitment.  Don't let this thread be the extent of your research; that is the best advice I can offer.  Good luck, OP. 

 Sorry mate I have only visited 26 times and have not done a lot of research on what rights I have, I do know I can own condo outright but with 2 kids and 10 yrs with thai gf I thought house would be best interest for family.. Tahnks for your reply

Sent from my GT-I9305 using Thaivisa Connect Thailand mobile app

I have 3 kids and was with ex for 10years. .she suddenly changed and went off.

People change remember that.

I am happier now without her than I was with her.

Could be the 10 year itch in los rather than the fallang 7 .

Rent a house first find your feet here.

learn the lingo most important.

[theblether]

If you have been with the lady for ten years and have two kids with her then obviously that's a different thing.

Really, it isn't.

Cynical but I can see why you say it.

[sotsira]

Appears you don't know much at all about Thailand, yet are making a huge commitment. Don't let this thread be the extent of your research; that is the best advice I can offer. Good luck, OP.

Sorry mate I have only visited 26 times and have not done a lot of research on what rights I have, I do know I can own condo outright but with 2 kids and 10 yrs with thai gf I thought house would be best interest for family.. Tahnks for your reply

You could also buy a house in a company name and be a 49% shareholder with the remaining 51%

split with other nominees.

That way you have control of the house, but it would be easier to get all the information first hand

from a lawyer to understand the full implications.

[AnotherOneAmerican]

Appears you don't know much at all about Thailand, yet are making a huge commitment. Don't let this thread be the extent of your research; that is the best advice I can offer. Good luck, OP.

Sorry mate I have only visited 26 times and have not done a lot of research on what rights I have, I do know I can own condo outright but with 2 kids and 10 yrs with thai gf I thought house would be best interest for family.. Tahnks for your reply

You could also buy a house in a company name and be a 49% shareholder with the remaining 51%

split with other nominees.

That way you have control of the house, but it would be easier to get all the information first hand

from a lawyer to understand the full implications.

That would be against the law.

Helping your Thai wife pay her home loan is totally legal.

Although you have to sign a form at the land office stating the initial payment is entirely her money, subsequent monthly or capital payments are clearly joint marital assets.

[sotsira]

Appears you don't know much at all about Thailand, yet are making a huge commitment. Don't let this thread be the extent of your research; that is the best advice I can offer. Good luck, OP.

Sorry mate I have only visited 26 times and have not done a lot of research on what rights I have, I do know I can own condo outright but with 2 kids and 10 yrs with thai gf I thought house would be best interest for family.. Tahnks for your reply

You could also buy a house in a company name and be a 49% shareholder with the remaining 51%

split with other nominees.

That way you have control of the house, but it would be easier to get all the information first hand

from a lawyer to understand the full implications.

That would be against the law.

Helping your Thai wife pay her home loan is totally legal.

Although you have to sign a form at the land office stating the initial payment is entirely her money, subsequent monthly or capital payments are clearly joint marital assets.

Why is it against the law?

There's thousands of foreigners that own their house in this way all

conducted by Thai lawyers.

[lopburi3]

Because if the act is to avoid Thai laws on foreign property ownership/control such purchase by company is illegal.

[sotsira]

Well it's a good job i bought a condo in my name within the 49% quoter.

Although the building i live in has nearly all the 51% owned by foreigners

in company name.

Let alone all the hundreds of thousands who have houses in company name

across the country.

Amazing!

[JLCrab]

Well it's a good job i bought a condo in my name within the 49% quoter.

Although the building i live in has nearly all the 51% owned by foreigners

in company name.

Let alone all the hundreds of thousands who have houses in company name

across the country.

Amazing!

As relates to Post #20 -- Thai lawyers put together these deals so they must be legal -- that's a good one

[ubonjoe]

You can have wife buy the land and then give you a Usufruct allowing you to build a house on the land.

Info here: http://www.isaanlawyers.com/en/property/usufruct-agreement-in-thailand.html

Or form a partnership (51/49%) and buy a house as well.

[sotsira]

Well it's a good job i bought a condo in my name within the 49% quoter.

Although the building i live in has nearly all the 51% owned by foreigners

in company name.

Let alone all the hundreds of thousands who have houses in company name

across the country.

Amazing!

As relates to Post #20 -- Thai lawyers put together these deals so they must be legal -- that's a good one

Usually if a lawyer is found to be braking the law then they would have their right

to practice taken away from them, meaning they would lose their ability to earn a living

in their chosen occupation.

I find it hard to believe that they would put themselves in that risk for the sake of a few thousand baht

that they charge to set up a company for the purchase of a property.

That's what i find amazing!

[aTomsLife]

Appears you don't know much at all about Thailand, yet are making a huge commitment. Don't let this thread be the extent of your research; that is the best advice I can offer. Good luck, OP.

Sorry mate I have only visited 26 times and have not done a lot of research on what rights I have, I do know I can own condo outright but with 2 kids and 10 yrs with thai gf I thought house would be best interest for family.. Tahnks for your reply

Do I sense sarcasm? My reply was sincere, not a cheapshot. I was only encouraging you to do more research about the country. Telling me how many times you've visited, that you have two half-Thai children with a woman you've been with for ten years doesn't mean much of anything to the Thai government. You'd still be making a huge financial commitment incurring the expense of moving here, marrying and buying property 'together'.

You'll find in nearly everything the game's rigged: most farang "investments" end up being nothing more than a transfer of wealth. I appreciate the fact you have kids and want to raise them in a house. But consider how difficult that house will be to sell if you have to move the family back to Australia. If you're wealthy enough to start fresh again, then obviously disregard this point.

AOA's advice is the most practical if you're set on buying a house -- get a mortgage if possible. But even then you're not out of the woods, so I'll repeat my initial advice: don't let this thread be the extent of your research. There are guys who built houses here in peaceful locals, only to discover one day that a factory or a slaughter house was to be built next door. Many wish they would have just rented. Again, good luck.

[AnotherOneAmerican]

Usually if a lawyer is found to be braking the law then they would have their right

to practice taken away from them, meaning they would lose their ability to earn a living

in their chosen occupation.

I find it hard to believe that they would put themselves in that risk for the sake of a few thousand baht

that they charge to set up a company for the purchase of a property.

That's what i find amazing!

Not in Thailand.

Rarely in the USA.

Even more rarely in the UK.

[AnotherOneAmerican]

You can have wife buy the land and then give you a Usufruct allowing you to build a house on the land.

Info here: http://www.isaanlawyers.com/en/property/usufruct-agreement-in-thailand.html

Or form a partnership (51/49%) and buy a house as well.

Contracts made between a man and wife in Thailand are not enforceable.

Either spouse can unilaterally cancel the usufruct (or partnership) at any time within the marriage and up to 1 year after divorce.

[JLCrab]

Well it's a good job i bought a condo in my name within the 49% quoter.

Although the building i live in has nearly all the 51% owned by foreigners

in company name.

Let alone all the hundreds of thousands who have houses in company name

across the country.

Amazing!

As relates to Post #20 -- Thai lawyers put together these deals so they must be legal -- that's a good one

Usually if a lawyer is found to be braking the law then they would have their right

to practice taken away from them, meaning they would lose their ability to earn a living

in their chosen occupation.

I find it hard to believe that they would put themselves in that risk for the sake of a few thousand baht

that they charge to set up a company for the purchase of a property.

That's what i find amazing!

From the above: Usually if a lawyer is found to be breaking the law ... Actually, the lawyer would not be the one breaking the law; YOU would be the one breaking the law. The lawyer would just say "Well how was I supposed to know -- all the other lawyers are doing it?" Yet you are the one whose property rights might be forfeited and the lawyer still gets to keep his few thousand baht fee from each of his/her myriad of farang clients

[Baerboxer]

Well it's a good job i bought a condo in my name within the 49% quoter.

Although the building i live in has nearly all the 51% owned by foreigners

in company name.

Let alone all the hundreds of thousands who have houses in company name

across the country.

Amazing!

As relates to Post #20 -- Thai lawyers put together these deals so they must be legal -- that's a good one

Usually if a lawyer is found to be braking the law then they would have their right

to practice taken away from them, meaning they would lose their ability to earn a living

in their chosen occupation.

I find it hard to believe that they would put themselves in that risk for the sake of a few thousand baht

that they charge to set up a company for the purchase of a property.

That's what i find amazing!

Your understanding of Thai law and lawyers appears limited. Many people used the "company' method to buy a house thinking they're smart to find away around Thai law. They're not. It's illegal to set up a company solely for this purspose and you would be breaking the law. Similarly, I know several people whose lawyers provide them with little loopholes to avoid meeting the requirement to employ Thais in their small businesses.

All it takes is one upset person to complain, the authorities start digging, the lawyers suddently melt into the background and guess who ends up in stuck. Or the authorities crack down as they are doing against nominee companies in Phuket.

Foreigners have few if any rights here. Only invest in Thailand what you can afford to loose. Many Thia ladies can be prone to very quick tempers and irrational knee jerk reactions, especially to save face. IME this tendency dissapates when they are living abroad but returns when they move back to Thailand. I know several people who have divorced and in every case it was arguments over spending and complete lack of accountability that caused the problems.

I hope things work out for you, especially with 2 children and 10 years. But, please be mindful that living in Aussie, visiting and sending money regularly is not the same as living here. Do you intend to work? Are you a fluent Thia speaker? Many things to consider. Good luck.