Is it legal for a "Farang" to buy a land (house) in Thai wife's name?

[theguyfromanotherforum]

I need a straight answer to above question.

Not if 100's of foreigners are doing it, not if there are any consequences or not.

The answer should be a simple yes or no. Same straight answer as if it's illegal to work without a work permit.

Basically, on some legal sites I read it is strictly prohibited to buy a house on your wife's name in Thailand as it is a circumvention the land ownership laws.

It really doesn't matter if you are married or not.... have children or not.

[luk AJ]

No

[Rancid]

Expect a few comments to this one. Answer is that Thailand will be delighted if you buy your wife a house.

[Crossy]

Yup it's a definite NO as you are using your wife as a proxy which is not permitted.

If she buys the land using her own money there's no issue, you sign a form at the land office stating that you have no financial interest in the purchase.

Of course, if you gift money to your wife and she spends it on land ...

[trogers]

Is the same answer to the question - Is it legal to gift my wife a million US dollars?

[MaeJoMTB]

Yup it's a definite NO as you are using your wife as a proxy which is not permitted.

If she buys the land using her own money there's no issue, you sign a form at the land office stating that you have no financial interest in the purchase.

Of course, if you gift money to your wife and she spends it on land ...

You can't,

There are no gifts between husband and wife under Thai law.

You could at best turn sole assets into joint assets.

But essentially on divorce you can reclaim 'gifts' to your spouse, with a money paper trail, as they are considered to be conditional on the marriage.

[MaeJoMTB]

Is the same answer to the question - Is it legal to gift my wife a million US dollars?

And the same answer is no, it's still your money.

And you can get it back on divorce.

On the other hand, you could give it to her parents, as her purchase price.

That would be legal.

Edited October 27, 2015 by MaeJoMTB

[Crossy]

Yup it's a definite NO as you are using your wife as a proxy which is not permitted.

If she buys the land using her own money there's no issue, you sign a form at the land office stating that you have no financial interest in the purchase.

Of course, if you gift money to your wife and she spends it on land ...

You can't,

There are no gifts between husband and wife under Thai law.

You could at best turn sole assets into joint assets.

But essentially on divorce you can reclaim 'gifts' to your spouse, with a money paper trail, as they are considered to be conditional on the marriage.

Interesting, I wasn't actually aware of that Thai rule.

Anyway, she transferred the cash from her UK bank to her Thai bank, so no record of the 'gift' in the Thai banking system. AFAIK UK law DOES allow me to gift cash to my wife.

[MaeJoMTB]

Anyway, she transferred the cash from her UK bank to her Thai bank, so no record of the 'gift' in the Thai banking system. AFAIK UK law DOES allow me to gift cash to my wife.

On divorce you could still reclaim at least 50%, as she would have no proof of how she came by the money.

Making it a joint asset.

[crazydrummerpauly]

Yup it's a definite NO as you are using your wife as a proxy which is not permitted.

If she buys the land using her own money there's no issue, you sign a form at the land office stating that you have no financial interest in the purchase.

Of course, if you gift money to your wife and she spends it on land ...

You can't,

There are no gifts between husband and wife under Thai law.

You could at best turn sole assets into joint assets.

But essentially on divorce you can reclaim 'gifts' to your spouse, with a money paper trail, as they are considered to be conditional on the marriage.

Interesting, I wasn't actually aware of that Thai rule.

Anyway, she transferred the cash from her UK bank to her Thai bank, so no record of the 'gift' in the Thai banking system. AFAIK UK law DOES allow me to gift cash to my wife.

Eh ? So their is a data trail showing a large sum going from her UK bank to her Thai bank - so any persistent Thai inquirer could ask for proof of where the money came from if it was NOT a gift from you to her in the UK surely ? And then it would all become a messy wrangle about legal jurisdictions i guess...but it would still be visible as a Gift unless it could be shown to be saved earnings over a period of time ?

Edited October 27, 2015 by crazydrummerpauly

[gamini]

Yup it's a definite NO as you are using your wife as a proxy which is not permitted.

If she buys the land using her own money there's no issue, you sign a form at the land office stating that you have no financial interest in the purchase.

Of course, if you gift money to your wife and she spends it on land ...

You can't,

There are no gifts between husband and wife under Thai law.

You could at best turn sole assets into joint assets.

But essentially on divorce you can reclaim 'gifts' to your spouse, with a money paper trail, as they are considered to be conditional on the marriage.

You are wrong. There is no law in Thailand to say you can't give money to your wife. If you give your wife 10 million baht for a birthday present and she buys land with it, it is all perfectly legal. There are people in the land department who might tell you otherwise. But in a court of law any effort by the land department or any other authority to try and stop a Thai person buying land with money that's gifted to her would be considered unconstitutional and unenforceable. Once the wife receives the money it is her money. she is not buying land by proxy, because the title deed goes into her name and her name only..

[BB1955]

Yes u can as I did , but signed the paper at the land office which stated the funds did not come from overseas. The bank we used was also well aware where the money came from. It is against the law for you to own land , you can own the house on the land. She can will u the house if she dies you can pettion to live in the house as long as you live. Or you can sell it.. But as I have seen and have said before. Dont invest what you are not willing to walk away from in Thailand .

[mankondang]

Yes you can buy, that is pay, for a house and land in your wife's name But then the house, and definatly the land will be your wife's and not yours. Farangs individuals can not own land in Thailand (Farang businesses can), but sometimes Farangs can only own the buildings on that land

Edited October 27, 2015 by mankondang

[crazydrummerpauly]

So basically this thread is now a bit of a mess with No's and Yes's competing - without actual evidence from recorded Thai law it looks like a list of opinions rather than absolutely correct statements ?

[TSF]

Is the same answer to the question - Is it legal to gift my wife a million US dollars?

And the same answer is no, it's still your money.

And you can get it back on divorce.

On the other hand, you could give it to her parents, as her purchase price.

That would be legal.

Love it...lol

[Vandadavid]

Of course it's your wife

But make sure you get a solicitors contract for a 60 year lease in your name from your wife then her family can never try rob you

[dotpoom]

Is the same answer to the question - Is it legal to gift my wife a million US dollars?

Absolutely...no more needs to be said, common sense. I reckon the question was phrased wrong. I can give anybody I wish the money to buy a house.

[Vandadavid]

There laws are lost in space

They not know themselves they are anti foriegner and why let people marry here why ???

So Tgsis have a chance to rob yes

If you trust your wife ok buy

But if you do make sure you lease the house off her via a solicitor for 40 baht a week

It is legal and have a clause of not able to cancel lease

[bangkoklawyer24]

yes

[Thaidream]

A foreigner cannot own land in Thailand. My wife recently purchased a house with money she saved while I was supporting. However, I had to sign a statement that I had no interest in the house. I doubt this would hold up in a Thai court. A foreigner can inherit land but must dispose of it/sell it within a year . This is all perfectly legal although I doubt my having no interest is simply a holdover from the past when Thais married to foreigners could not own land. If anything ws fought in court it would take years to sort out and be expensive. In essence- the house and land belong to her. I have already forgotten about the money.

[beerzy]

Yup it's a definite NO as you are using your wife as a proxy which is not permitted.

If she buys the land using her own money there's no issue, you sign a form at the land office stating that you have no financial interest in the purchase.

Of course, if you gift money to your wife and she spends it on land ...

You can't,

There are no gifts between husband and wife under Thai law.

You could at best turn sole assets into joint assets.

But essentially on divorce you can reclaim 'gifts' to your spouse, with a money paper trail, as they are considered to be conditional on the marriage.

Interesting, I wasn't actually aware of that Thai rule.

Anyway, she transferred the cash from her UK bank to her Thai bank, so no record of the 'gift' in the Thai banking system. AFAIK UK law DOES allow me to gift cash to my wife.

Interesting you say this. I have a paper trail but never married. what about girlfriends????

[TKDfella]

Have been there and done it, as they say. 1. Had to be in wife's MARRIED name. 2. Second house bought but had to be in her MAIDEN name. 3. any further properties same as 2. 4. Divorce..if already signed document to say money not from abroad, hardly claim later that it did. Either way breaking the law; Depending on how long married judge will decide on how much foreigner is entitled to.

[chiang mai]

Perhaps if the OP were to separate the issues of land house purchase, that might help.

If the question is about land purchase by a farang, forget it, that's mostly not possible other than through a BOI scheme.

If the question is about a house purchase, yes, that's possible.

What's your next question?

To add; asking such questions on this forum prompts troll responses that may appear knowledgeable, they are not. If you want a definitive answer, consult with a lawyer, Khun Sumalee at 29 Tanin is excellent in this respect.

Edited October 27, 2015 by chiang mai

[trogers]

One may trusts one's wife. But how much trust does one have of one's in-laws should something happens to one's wife.

Be prepared.

[chiang mai]

Yup it's a definite NO as you are using your wife as a proxy which is not permitted.

If she buys the land using her own money there's no issue, you sign a form at the land office stating that you have no financial interest in the purchase.

Of course, if you gift money to your wife and she spends it on land ...

You can't,

There are no gifts between husband and wife under Thai law.

You could at best turn sole assets into joint assets.

But essentially on divorce you can reclaim 'gifts' to your spouse, with a money paper trail, as they are considered to be conditional on the marriage.

If, "There are no gifts between husband and wife under Thai law", how can "you can reclaim 'gifts' to your spouse"!

Usual disinformation from the usual sources.

[Acharn]

Yes, it is legal, but in order for her to register her ownership of the land you must accompany her to the Land Office and sign a statement that she is purchasing the land with her own money, that you have no claim to it, and that you understand that on her death you cannot inherit the land. I think it was during the first Chuan Leekpai government they changed the ministerial regulation which was established by Prime Minister Kriangsak. That regulation was frequently violated because it prohibited Thai citizens with foreign spouses from buying land. In practice it was almost never applied to Thai men who have foreign wives (there are some, not a lot). I'm not sure how this works if she has not changed her surname on her ID card, which I understand is now an option in the Family Law. However, to comply with the current law you have to sign the statement. It is clearly against the law for a foreigner to own land in Thailand.

[theguyfromanotherforum]

Perhaps if the OP were to separate the issues of land house purchase, that might help.

If the question is about land purchase by a farang, forget it, that's mostly not possible other than through a BOI scheme.

If the question is about a house purchase, yes, that's possible.

What's your next question?

To add; asking such questions on this forum prompts troll responses that may appear knowledgeable, they are not. If you want a definitive answer, consult with a lawyer, Khun Sumalee at 29 Tanin is excellent in this respect.

Stop pretending like you do not understand it.

[PattayaPhom]

Yup it's a definite NO as you are using your wife as a proxy which is not permitted.

If she buys the land using her own money there's no issue, you sign a form at the land office stating that you have no financial interest in the purchase.

Of course, if you gift money to your wife and she spends it on land ...

You can't,

There are no gifts between husband and wife under Thai law.

You could at best turn sole assets into joint assets.

But essentially on divorce you can reclaim 'gifts' to your spouse, with a money paper trail, as they are considered to be conditional on the marria

So basically you are saying Thai Law does not cover gifts between husband & Wife..is it illegal therefor a husband to buy his wife a Birthday present. The OP is probably already aware that you need to sign a declaration at the land office saying the funds are not yours....and some land offices actually require the husband to sign a red declaration allowing her to sell if in the future when a buyer is interested.

[chiang mai]

Perhaps if the OP were to separate the issues of land house purchase, that might help.

If the question is about land purchase by a farang, forget it, that's mostly not possible other than through a BOI scheme.

If the question is about a house purchase, yes, that's possible.

What's your next question?

To add; asking such questions on this forum prompts troll responses that may appear knowledgeable, they are not. If you want a definitive answer, consult with a lawyer, Khun Sumalee at 29 Tanin is excellent in this respect.

Stop pretending like you do not understand it.

What do you want to know in addition to what I have not answered thus far, what exactly is your question?

[chilli42]

Yes, legal.

You will sign a paper at the land office confirming the land is hers and you have no claim on it.

Perfectly legal.