Purchase House in Thailand/Retirement VISA

[ubonjoe]

The OP should brush up on the Thai citizenship laws governing his Thai national wife. The law states that if a Thai takes the citizenship of another country then they lose their rights and privileges of their Thai citizenship. So I advise that mum's the word and proper use of the 2 passports would be the new rules for this OP 's wife.

You are wrong. There is no Thai law that forbids Thai's having dual nationalities.

[Thaijack2014]

Foreigner can't legally buy and own a house in Thailand.

Only option her name.

Disadvantage, she dumps you and keeps the house, which happens to a surprising number of foreigners with long term relationships the moment they move back to Thailand.

If she already owns a house in Thailand, why not live there?

Foreigner cannot buy LAND. He can buy 1000 houses.... but NO LAND. He can have a lease on the land.

So, if it is an expensive house, I would lease from her. So if for some reason you and she cannot be together anymore, at least not all is lost. If the house is cheap, then I wouldn't bother, but put it in her name....

[nweuro]

How about mortgage? How small downpayment is possible?

Buying a house on mortgage has been one option we ( I and thai gf, not married yet ) have been considering.

House and everything on her name, also loan on her name. If I stay here I would pay rent anyway.

[Chris Lawrence]

Buy a unit which you can have your name on the title; buy a house and you register a 30 year lease in your name, just to cover yourself. Not saying that things may go sour, but look at it as protecting your side of the assets. In 30 years still together, should have ironed out any major problems; but then again don't cause any major issues in that time.

Good luck

[sandyf]

Buy the house in her name and get the 30 year lease. The simple solution in my opinion, I've done it myself. My wife also took my surname and has been no issues whatsoever.

All depends on how you view "issues". When I built my house it would have probably cost 25 to 30 percent more if my wife had a farang name. She did all the negotiations with drawings, materials, builder and authorities. Even Thais have to put money in envelopes to get things done, they just need smaller envelopes.

[F4UCorsair]

Thanks for your reply ---

The house she currently owns is located in a 100% Thai village (no falangs). My retirement preference, which she is good with, is to have a 2nd house closer to the beach near an Expat community.

You are correct a Foreigner can't buy a house but isn't there a process where she would be a 51% owner and I would be a 49% owner through a legal arrangement?

Note - re: she dumping me once we return to Thailand. As in any marriage, either party could decide they need to separate from the other.

Back home, wherever that is, there is probably a Family Law Act/Court through which you have protection. Don't be a mug, see a Thai lawyer, then another one to check on the first, and do whatever you need to protect 100% of your investment if the marriage fails, or buy a condo wholly in your name.

Don't be caught up in the euphoria of a move, wife, wife's family, etc.

Edited May 30, 2014 by F4UCorsair

[khunPer]

You will not be able to use the house to get an extension of stay at immigration.. The only thing that can be used is money in a Thai bank or income.

Having US and Thai nationality both will change nothing for her benefits or rights here.

You need to register your marriage here. It will require having your marriage certificate translated to Thai and the translation certified by the Ministry fo Foreign affairs. Then a trip to do the Amphoe to do the registration.

You cannot own land here even jointly with your wife.

You can own a house but not the land it is on.

In my opinion you should just buy the land and house in your wife's name. It will make things much simpler and less costly,

You are going to get many different opinions on here.

Edit: You can set up a 51/49 partnership with your wife to own the land. The partnership then owns the land.

Ubon Joe,

Can you please spread a little more light upon a 51/49 partnership…?

I’ve seen it advertised at Thai “company” signs, like “Limited Partnership”. Will that work just like the Ltd. Co. model for buying land, but only 2 “shareholders”, where the company really should have some additional activities besides owing a plot of land, when 49% of the company is foreign owned…?

To OP:

If you are legally married in Thailand (marriage registered), to my knowledge in case of divorce the land & house shall be split 50/50, i.e. sold and money shared. Just mention it, as questions about divorce & security has been raised…

[ubonjoe]

Buy the house in her name and get the 30 year lease. The simple solution in my opinion, I've done it myself. My wife also took my surname and has been no issues whatsoever.

All depends on how you view "issues". When I built my house it would have probably cost 25 to 30 percent more if my wife had a farang name. She did all the negotiations with drawings, materials, builder and authorities. Even Thais have to put money in envelopes to get things done, they just need smaller envelopes.

My wife has had my name since the day we got married and has had no such experience.

That only happens if somebody lets it happen.

[sandyf]

Buy the house in her name and get the 30 year lease. The simple solution in my opinion, I've done it myself. My wife also took my surname and has been no issues whatsoever.

All depends on how you view "issues". When I built my house it would have probably cost 25 to 30 percent more if my wife had a farang name. She did all the negotiations with drawings, materials, builder and authorities. Even Thais have to put money in envelopes to get things done, they just need smaller envelopes.

My wife has had my name since the day we got married and has had no such experience.

That only happens if somebody lets it happen.

You really believe that if they are aware that a farang is involved that everything will still be "Thai price"?

Each to his own.

[louse1953]

The OP should brush up on the Thai citizenship laws governing his Thai national wife. The law states that if a Thai takes the citizenship of another country then they lose their rights and privileges of their Thai citizenship. So I advise that mum's the word and proper use of the 2 passports would be the new rules for this OP 's wife.

That is untrue, there is no loss of privileges. For Thailand, dual citizenship has been legal since 1992.

http://www.thaivisa.com/forum/topic/658321-thai-wife-with-dual-citizenship-her-status-now-in-thailand/

Spot CM, there is info in this thread that is totally wrong,how do they manage to survive with such a slim grasp on reality.To the OP,do your own research,TVF is all over the place.Some people give excellent,correct advice,while others are hopeless.It will take you a while to find out who's who on TVF

[louse1953]

The OP should brush up on the Thai citizenship laws governing his Thai national wife. The law states that if a Thai takes the citizenship of another country then they lose their rights and privileges of their Thai citizenship. So I advise that mum's the word and proper use of the 2 passports would be the new rules for this OP 's wife.

You are wrong. There is no Thai law that forbids Thai's having dual nationalities.

The OP did mention that his wife had US citizenship,i thought anybody who took on US citizenship had to revoke other citizenships.Can claim Thai citizenship again i suppose.Why i mention this is Rupert Murdock had to give up being an Ozzy to take up US citizenship.Tell me if im wrong,glad to be corrected.

[chiang mai]

The OP should brush up on the Thai citizenship laws governing his Thai national wife. The law states that if a Thai takes the citizenship of another country then they lose their rights and privileges of their Thai citizenship. So I advise that mum's the word and proper use of the 2 passports would be the new rules for this OP 's wife.

You are wrong. There is no Thai law that forbids Thai's having dual nationalities.

The OP did mention that his wife had US citizenship,i thought anybody who took on US citizenship had to revoke other citizenships.Can claim Thai citizenship again i suppose.Why i mention this is Rupert Murdock had to give up being an Ozzy to take up US citizenship.Tell me if im wrong,glad to be corrected.

It may be a US requirement but the UK for example does not accept such revocation as permanent, I suspect the same is true of most other countries.

[ubonjoe]

The OP should brush up on the Thai citizenship laws governing his Thai national wife. The law states that if a Thai takes the citizenship of another country then they lose their rights and privileges of their Thai citizenship. So I advise that mum's the word and proper use of the 2 passports would be the new rules for this OP 's wife.

You are wrong. There is no Thai law that forbids Thai's having dual nationalities.

The OP did mention that his wife had US citizenship,i thought anybody who took on US citizenship had to revoke other citizenships.Can claim Thai citizenship again i suppose.Why i mention this is Rupert Murdock had to give up being an Ozzy to take up US citizenship.Tell me if im wrong,glad to be corrected.

There is no US law against holding dual nationality.

I don't know why Murdock did it but there is no law against it.

[chiang mai]

I feel a shadow on my back!

[MikeandDow]

The OP should brush up on the Thai citizenship laws governing his Thai national wife. The law states that if a Thai takes the citizenship of another country then they lose their rights and privileges of their Thai citizenship. So I advise that mum's the word and proper use of the 2 passports would be the new rules for this OP 's wife.

You are wrong. There is no Thai law that forbids Thai's having dual nationalities.

The OP did mention that his wife had US citizenship,i thought anybody who took on US citizenship had to revoke other citizenships.Can claim Thai citizenship again i suppose.Why i mention this is Rupert Murdock had to give up being an Ozzy to take up US citizenship.Tell me if im wrong,glad to be corrected.

what a load you can not give up your birth right

[CookieMonster1]

Foreigner can't legally buy and own a house in Thailand.

Only option her name.

Disadvantage, she dumps you and keeps the house, which happens to a surprising number of foreigners with long term relationships the moment they move back to Thailand.

If she already owns a house in Thailand, why not live there?

Or other option buy one in a company owned name, then just put your name on it which is what I have done.

[TaoNow]

Some cases are unique...

...my Thai wife died in 2011 without leaving a will regarding the house and land "we" owned solely in her name. I went to the local court to be appointed as "administrator of the estate of ..." That took about three months but was straightforward.

Once I received the court order as administrator of my wife's estate, I was able to access her bank accounts, transfer the ownership of her car to me, and add my name to the land deed on which our house is situated. I was informed by the local land office that I could now sell the land without any time restriction.

HOWEVER, I could not be named owner of the house since that is reserved for Thai citizens. Thus, I could not sell the house. But I could sell the land.

Food for thought...

[TallGuyJohninBKK]

HOWEVER, I could not be named owner of the house since that is reserved for Thai citizens. Thus, I could not sell the house. But I could sell the land.

Are you getting the house vs the land mixed up?

Normally, farangs in Thailand CAN own houses/structures, but they CANNOT own the land underneath them.

A farang can inherit land if their spouse/owner dies, but then is required to sell the property within one year's time, as best as I recall.

[stgrhe]

Thai divorce law states that all assets of a marriage acquired AFTER the marriage - irrespective of whose money was used for the purchase - should be divided equally between the parties upon divorce.

Yes, that is the general rule, but there are exceptions and the one that comes to mind is if one of the two partners have, and can prove, that he / she has financially contributed considerably more than the other. In such a case a court may rule differently than the general 50 / 50 rule.

[TallGuyJohninBKK]

As I understand Thai marriage law, it's not quite that simple.

Assets acquired prior to the marriage remain separate property during the marriage, unless subsequently co-mingled or otherwise shared.

And, if a person has pre-marriage separate assets, and then get married, they can still continue to do things to some extent with those assets/funds and have them remain separate property.

For example, let's say someone owned a house entirely of their own prior to marriage. And then during the marriage, sold the house and received the proceeds. Those proceeds could remain separate property of the prior owner, even though they ended up being received during the marriage. Provided they weren't kept in joint accounts, etc etc.

[BB1955]

How about mortgage? How small downpayment is possible?

Buying a house on mortgage has been one option we ( I and thai gf, not married yet ) have been considering.

House and everything on her name, also loan on her name. If I stay here I would pay rent anyway.

This can be done but if you are not married she will have to have proof of income .....

[Pattaya Pat]

My advise is to register your marriage in Thailand. I did mine at Baan Rak in Bangkok, no hassles like in some other Amphurs. Should you buy a house, register an Usafruct agreement with the local land office, this will put your name on the Chanote(Not as an owner but a registrant). You should be able to obtain a yellow Tabian Baan book with this arrangement. Having the Yellow book and a happy marriage does make life easier in Thailand. I'm assuming that you both want a house to provide a good environment for her children. My first consideration in buying a house would be to provide a nice place for all of you to live in rather then as an investment.

The marriage visa financial requirements are less but it's a real hassle to obtain compared to a retirement visa.

I'm not a lawyer, just my advise so you might want to consult with one.

Happy retirement

Edit: Spelling.

Absolutely spot on that post.

[lcp0761]

How about mortgage? How small downpayment is possible?

Buying a house on mortgage has been one option we ( I and thai gf, not married yet ) have been considering.

House and everything on her name, also loan on her name. If I stay here I would pay rent anyway.

As was previously mentioned (I'm not wearing blinders), we are in a marriage and am interested in providing a nice home for our family.

So, I'm not interested in renting or maintaining a mortgage.

I like the prior comment of protecting me from her Thai family coming after our house in the event she passes before me.

One thing I have learned about the Thai family (most Thai families) is just because they are close doesn't mean they have each others best interest. If they can take advantage of a farang, more the better.

[poweratradio]

The OP should brush up on the Thai citizenship laws governing his Thai national wife. The law states that if a Thai takes the citizenship of another country then they lose their rights and privileges of their Thai citizenship. So I advise that mum's the word and proper use of the 2 passports would be the new rules for this OP 's wife.

That is untrue, there is no loss of privileges. For Thailand, dual citizenship has been legal since 1992.

http://www.thaivisa.com/forum/topic/658321-thai-wife-with-dual-citizenship-her-status-now-in-thailand/

Attaching a string thread with all suggesting it is legal does not make it so hotshot. I suggest all should check for the laws. We are only going by the Consulate's advice.

[poweratradio]

The OP should brush up on the Thai citizenship laws governing his Thai national wife. The law states that if a Thai takes the citizenship of another country then they lose their rights and privileges of their Thai citizenship. So I advise that mum's the word and proper use of the 2 passports would be the new rules for this OP 's wife.

You are wrong. There is no Thai law that forbids Thai's having dual nationalities.

I guess I will have to dig it up again and post it.

[MikeandDow]

The OP should brush up on the Thai citizenship laws governing his Thai national wife. The law states that if a Thai takes the citizenship of another country then they lose their rights and privileges of their Thai citizenship. So I advise that mum's the word and proper use of the 2 passports would be the new rules for this OP 's wife.

You are wrong. There is no Thai law that forbids Thai's having dual nationalities.

I guess I will have to dig it up again and post it.

I would advise you dig it up because YOU are total Wrong, there is no law to stop Thaïs having dual Nationalities and they DO not lose any privileges, talking utter rubbish, you are living in the past. Please post your apology when you find out you are wrong.

Edited June 3, 2014 by MikeandDow

[MikeandDow]

...and lets look at what the practioners are saying:

Quote

Q: Does Thailand allow dual nationality?

Does Thailand allow its citizens to have dual nationality? For instance, can a Thai national keep her Thai citizenship and acquire a foreign one? If so, can that person then have two passports?

Answer 1: “Yes, Thai citizens are allowed to have dual nationality and own two passports. If you are born in Thailand and have at least one Thai parent, you automatically have Thai nationality and can apply for a Thai passport. However, if you are only half-Thai and were born and raised aboard, and do not have Thai nationality, you can still get a Thai passport, but must contact the District Office that your Thai parent is registered at and have your name added to the Thai House Registration list.

Answer 2: “Although you are allowed to own two passports, you must leave Thailand on the same passport you used to enter The Kingdom.”

Thursday, October 11, 2012 12:20:07 PM Lt Col Napat Nusen, Head Supervisor Immigration office.

And this

Dual nationality for Thais

Q: If a Thai woman marries a man from the US and she later becomes a US citizen, does the Thai woman lose her Thai citizenship?

Answer: “Section 13 of the Citizenship Act 1965 stipulates that a female Thai national who marries a foreigner and is later granted citizenship by her foreign husband’s home country shall maintain her Thai nationality.

There is no Thai law that stipulates that she must lose her Thai citizenship. However, she may choose to revoke her Thai citizenship, a decision the Thai government will announce the Government Gazette.

For Thai children with dual nationality, the Citizenship Act (3rd issue) 1992 states that a Thai national with a foreign father may declare his or her intention to revoke Thai nationality within the year following the child’s 20th birthday.

The law does not mention that the child will automatically have his or her Thai citizenship revoked. If the child does not declare his or her intention to revoke Thai citizenship, that child will still hold Thai nationality.” Monday, April 12, 2004 6:10:26 PM Satchaphand Atthakor, Deputy Director-General, Consular Affairs Department, Ministry of Foreign Affairs.

poweratradio Please Post your apology

Edited June 3, 2014 by MikeandDow

[chiang mai]

The OP should brush up on the Thai citizenship laws governing his Thai national wife. The law states that if a Thai takes the citizenship of another country then they lose their rights and privileges of their Thai citizenship. So I advise that mum's the word and proper use of the 2 passports would be the new rules for this OP 's wife.

That is untrue, there is no loss of privileges. For Thailand, dual citizenship has been legal since 1992.

http://www.thaivisa.com/forum/topic/658321-thai-wife-with-dual-citizenship-her-status-now-in-thailand/

Attaching a string thread with all suggesting it is legal does not make it so hotshot. I suggest all should check for the laws. We are only going by the Consulate's advice.

How much proof do you need, hotshot!

[bastco]

Foreigners can own a house in Thailand but not the land. You can purchase the land in her name and then have full control of what goes on the land by way of a Superficies which she grants to you for your lifetime free of rent and you can erect any dwellings you wish and if the relationship goes south and you don't want her to stay you can ask her to leave and please yourself what you do with the land and dwellings. The Superficies should be registered at the local Land Office and your name is put on the title.

[marstons]

consider renting you can up and move when ever you want or when you may need to. 51% always beats 49%, if you do buy lease from your wife for 30 years via a solicitor and if you want to have your lease pass to another but a succession clause in at the land registry.

As stated many many guys kicked out of their own houses even after years of happy marriage. Giving a wife control is handing her an awful lot of money which would go along way back in the ville. Also strong possibility of peer pressure to do it.

I presently live in housed leased off a guy from his ex wife, he had a succession clause for his new partner but no clause to sub let which again is/ can be a nightmare. Moved into to my new house after 10 days landlord died. learnt alot last 2 weeks and paid old landlord and new landlord for the same month and deposit.

Mine field renting easey peasey.

Added extra make a company as many do, but immigration officer told me if you work on that house in a company name in theory need a work permit.