Foreigners own land and property. myth or true ?

[steven23]

A foreigner can inherit land but unless they get specific permission from the Interior ? Minister (never heard of it being given) then it must be sold within 1 year.

Edit to add info http://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html

+1

The only odd variation of this I have seen workable is where children were involved and the husband has been left as executor to distribute property to children at some point in the future....in which case they are not inheriting more custodial like Bild766 stated.

As I understand there are no time limits on the execution of a will in Thailand unless a third party (including Lands Offiec) were to bring on an action for execution in the courts.

I was rather suprised yesterday when I saw one CM realtor have a new advertsiement titled "Stunning Five-Bedroom (Freehold) Townhouse Available for Foreign Ownership - Hang Dong". No fine details of course........put me right off even considering them.

Op might be best for another forum rather than CM.....or having a detailed search.

If widow is Thai then there really shoud lbe no problems with purchase....and a quick trip to the Land Office would clear most things up anyway. If they are happy...you can be happy.

No, widow is not Thai, she is foreigner and husband is Thai.

Can you move this question to another thread ? or should I ask admin?

[billd766]

A foreigner can inherit land but unless they get specific permission from the Interior ? Minister (never heard of it being given) then it must be sold within 1 year.

^^

So then, isn't this the reason why she's trying to sell...because she has to?

yes good qestion, and why she offer to another farang ? she is telling me if I buy I will have 100% ownership???

But is your wife Thai? If that is the case, then your wife could own it but not yourself.

[billd766]

A foreigner can inherit land but unless they get specific permission from the Interior ? Minister (never heard of it being given) then it must be sold within 1 year.

Edit to add info http://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html

thats ok, but then why is she selling to me? Im foreigner, I cant own 100%, or I can???? can I get that permission?

Under Thai law you can 100% own the building, but you as a foreigner, cannot personally own the land in normal circumstances.

That is basically the story.

"Normal circumstances" is a fuzzy phrase, but basically valid. Under "normal circumstances," a foreigner who inherits Thai land is given a year to sell it. Considering any market difficulty in selling and depending upon the judge, this could be extended, but only reasonably so.

Above, someone makes reference to children. Whose children, legally, is a key question. And the court, even though a foreigner may have custody for a Thai minor after the mother's death, the court will most likely if not always watch that situation very carefully to ensure that the child's welfare is protected. So will the land office.

How all of this works relative to leases and usufructs can get more technical, but if you are going to plow that field, you better get a lawyer qualified and experienced with real estate law in Thailand. Not every lawyer qualifies.

Back to OP, it would appear that the woman's proposition is, shall we say, highly questionable!

I am married to my Thai wife and legally registered as the father of our son. If for example my wife had children before we were married (she did not) and I had adopted them that may be allowed but if I had not adopted them then I think that would be down to the family court to sort out.

[steven23]

yes good qestion, and why she offer to another farang ? she is telling me if I buy I will have 100% ownership???

^^

So then, isn't this the reason why she's trying to sell...because she has to?

But is your wife Thai? If that is the case, then your wife could own it but not yourself.

what if your wife is thai and she dies who inherit then?