Thai With Foreign Surname Owning Land

[OzBanChang]

I noticed a comment in an earlier topic from lopburi3 (I think) saying that it was no longer a problem for Thais who have married foreigners, and have changed their surname, to own land.

My future wife wants to change her name when we marry later this year, but is worried about doing so because of this issue.

Does anyone have any firm info regarding this, one way or the other, as we have received lots of advice, most of it conflicting.

Thanks

[dr_Pat_Pong]

I noticed a comment in an earlier topic from lopburi3 (I think) saying that it was no longer a problem for Thais who have married foreigners, and have changed their surname, to own land.

My future wife wants to change her name when we marry later this year, but is worried about doing so because of this issue.

Does anyone have any firm info regarding this, one way or the other, as we have received lots of advice, most of it conflicting.

Thanks

It won't effect her status and land owning rights if she does adopt your name. She is now entitled to keep her family name if she want to, as a result of a determination of the Thai Constitutional Court in 2003.

[BKK-Bangkapi]

But actually my wife changed her last name, so it means she cannot own land?

Would be bad.... Anyone got advise?

[opalhort]

Thai women married to foreigners can purchase/own land. The law changed for the better a few years ago. Change of family name is required under Thai law, but the name does not make any difference regarding the land ownership rights.

My wife has my family name and bought land recently, I only had to sign that I agree not to have any claims to the land in case of divorce/death etc.

opalhort

[camel_jockey]

Opalhort, is there any good way for protecting yourself incase of divorce?If the wife was to kick-the-bucket would the land then go to any children that you had?cheers

[dr_Pat_Pong]

Thai women married to foreigners can purchase/own land. The law changed for the better a few years ago. Change of family name is required under Thai law, but the name does not make any difference regarding the land ownership rights.

My wife has my family name and bought land recently, I only had to sign that I agree not to have any claims to the land in case of divorce/death etc.

opalhort

They changed the name change business last year too Opal. A Thai woman can retain her Thai name if she wants to, and if she has changed the name before, she is permitted to change it back.

[otherstuff1957]

Opalhort, is there any good way for protecting yourself incase of divorce?If the wife was to kick-the-bucket would the land then go to any children that you had?cheers

My wife & I are going to buy some property here within the next year if all goes according to plan. She wants to put into her will (or at least some sort of legal document) that I would have lifetime rights to any joint property if she should die before me. After my death, any joint property would go to her son or to any children we might have together.

I guess that a good rule of thumb is not to put anything into Thailand that you aren't prepared to walk away from.

[lopburi3]

She wants to put into her will (or at least some sort of legal document) that I would have lifetime rights to any joint property if she should die before me

The whole drill is that there: 'is no joint property'. Any property she buys is hers and hers alone. The money used to buy the property has to be declared as belonging to her and you have to sign your understanding of this fact.

You may be able to draw up lease paperwork to cover this but the fact is that it is not joint property and should not be looked at as if it were. Your last paragraph sums it up.

[Dah fahrang]

If the wife was to kick-the-bucket would the land then go to any children that you had?cheers

Yes.

Our daughter (dual national UK & Thai) with foreign surname inherits all my wife's land.

Its a simple process of making a 'pi nai gam' at the amphur.

In our case, B300, and half an hour. Must have Thai ID card to do this.

[dr_Pat_Pong]

Opalhort, is there any good way for protecting yourself incase of divorce?If the wife was to kick-the-bucket would the land then go to any children that you had?cheers

My wife & I are going to buy some property here within the next year if all goes according to plan. She wants to put into her will (or at least some sort of legal document) that I would have lifetime rights to any joint property if she should die before me. After my death, any joint property would go to her son or to any children we might have together.

I guess that a good rule of thumb is not to put anything into Thailand that you aren't prepared to walk away from.

That life estate can work, leaving the children in remainder expectant to inherit after you pass on. Talk to a lawyer.

[opalhort]

They changed the name change business last year too Opal. A Thai woman can retain her Thai name if she wants to, and if she has changed the name before, she is permitted to change it back.

Thanks Dr. PP

I now recall the change in the law but forgot about it when I made the post.

Sorry for the misinformation - that's why we have you guys at admin.

As for passing on land in case of death, a child with Thai nationality can inherit the land even if the father is a foreigner. In case of divorce I guess it depends on who gets custody of the child, but I'm not sure.

opalhort

[dr_Pat_Pong]

They changed the name change business last year too Opal. A Thai woman can retain her Thai name if she wants to, and if she has changed the name before, she is permitted to change it back.

Thanks Dr. PP

I now recall the change in the law but forgot about it when I made the post.

Sorry for the misinformation - that's why we have you guys at admin.

As for passing on land in case of death, a child with Thai nationality can inherit the land even if the father is a foreigner. In case of divorce I guess it depends on who gets custody of the child, but I'm not sure.

opalhort

That divorce thing is the worry, but a decent lawyer should be able to create a watertight agreement, or a lengthy lease, but there is always the chance that the farang could die first, so that possibility needs to be included in the agreement/s