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

[GOLDBUGGY]

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 .

The only time you have to prove that money came from overseas if you buy a condo in your name. My Wife just purchased land last year and I never had to sign any form like this. I signed a form stating that I understood that I did not own this land. At the interview I had to claim the same thing.

But attached to the Land Title is also a "Usufruct". This entitles me to full use of this land until I die. I do not have to petition anyone to live in this house or on this land. No matter who technically will own it after my wife's death. This agreement exceeds the death of the owner. It ends when I die.

The only Grey Area is in the case of Divorce. Divorce Courts can make any judgment concerning property distribution between husband and wife regardless of any contract in place made by them during the marriage. They do look at them seriously, like a Prenuptial Agreement, but nothing is binding or written in stone. At any rate, if the property was bought after the marriage, and not from your wife's inheritance, then you would get 50% anyway. .

[GOLDBUGGY]

No!

You are quite simply wrong!

In a near perfect case, a foreigner could lease land for 30 years and contract with a builder to construct a house which can then be registered in the foreigners name Stories about various land offices around the country perhaps not issuing a channote under those circumstances are mostly bar stool myth and scare mongering by the usual suspects although I'm sure there's one or two that have been problematic over time. Ergo, it is legal for a foreigner to own a house here either in his/her own name or in the name of his/her spouse.

Read the Ops question before you answer and not just the title.

The Op said: "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."

My answer was "No" it is not prohibited to buy a house in your Thai Wife's name.

Now lets say time on this Bar Stool talk you mentioned and simply let me ask you a couple of questions.

Do you own a house and the land it sits on in Thailand, and strictly just under your name at Land Titles?

Do you know any Farang personally who owns a house and the land it sits on and all in just his own name at Land Titles?

[chiang mai]

No!

You are quite simply wrong!

In a near perfect case, a foreigner could lease land for 30 years and contract with a builder to construct a house which can then be registered in the foreigners name Stories about various land offices around the country perhaps not issuing a channote under those circumstances are mostly bar stool myth and scare mongering by the usual suspects although I'm sure there's one or two that have been problematic over time. Ergo, it is legal for a foreigner to own a house here either in his/her own name or in the name of his/her spouse.

Read the Ops question before you answer and not just the title.

The Op said: "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."

My answer was "No" it is not prohibited to buy a house in your Thai Wife's name.

Now lets say time on this Bar Stool talk you mentioned and simply let me ask you a couple of questions.

Do you own a house and the land it sits on in Thailand, and strictly just under your name at Land Titles?

Do you know any Farang personally who owns a house and the land it sits on and all in just his own name at Land Titles?

Then you need to read it all again because the OP asks only a single question at the outset which he points to as being in the title of the thread and that question is, is it legal for a farang to buy a house in the Thai wife's name - the OP actually refers to it as land which he then qualifies as a house, in brackets.

The answer to that question is yes, especially if the wife is Thai (he doesn't say but can be presumed) and yes if the wife is farang, by virtue of my previous reply.

And whilst I will agree that the OP's questions are far from clear and he was asked to clarify what question he wanted answered, he declined on the first page.

[chiang mai]

I think it might just be that different people here are answering different questions, without wishing top appear thick or pedantic it's still unclear to me exactly what question the OP wants answered.

In his opening post he says that his question is in the title although initially he refers to land and then seems to qualify it afterwards by saying house. That might all be irrelevant since he then goes on to state, "in his Thai wife's name". So can he buy a house in his wife's name, presumably that means can he get his name on the channotte or does it mean simply, can he fund his wife's purchase of a house. If it's the former the answer is no because it's in his wife's name, right? If the latter then the answer is yes, he simply funds the purchase and it's done although he is not the owner at that point although it does become a marital asset., does that meet his needs?

[simon43]

But make sure you get a solicitors contract for a 60 year lease

Off-topic, but I hope that was a typo by you. 30 year lease, no more than that, (despite what some lawyers will tell you).

[mesquite]

Best to rent the house AND the wife.

[rocketboybkk]

The question is - how will the land office know if your wife has it in her name?

Try to find out? Good luck, 1000's have done it & will never be caught as if you're smart you can do it

Sent from my iPhone using Tapatalk

[GOLDBUGGY]

No!

You are quite simply wrong!

In a near perfect case, a foreigner could lease land for 30 years and contract with a builder to construct a house which can then be registered in the foreigners name Stories about various land offices around the country perhaps not issuing a channote under those circumstances are mostly bar stool myth and scare mongering by the usual suspects although I'm sure there's one or two that have been problematic over time. Ergo, it is legal for a foreigner to own a house here either in his/her own name or in the name of his/her spouse.

Read the Ops question before you answer and not just the title.

The Op said: "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."

My answer was "No" it is not prohibited to buy a house in your Thai Wife's name.

Now lets say time on this Bar Stool talk you mentioned and simply let me ask you a couple of questions.

Do you own a house and the land it sits on in Thailand, and strictly just under your name at Land Titles?

Do you know any Farang personally who owns a house and the land it sits on and all in just his own name at Land Titles?

Then you need to read it all again because the OP asks only a single question at the outset which he points to as being in the title of the thread and that question is, is it legal for a farang to buy a house in the Thai wife's name - the OP actually refers to it as land which he then qualifies as a house, in brackets.

The answer to that question is yes, especially if the wife is Thai (he doesn't say but can be presumed) and yes if the wife is farang, by virtue of my previous reply.

And whilst I will agree that the OP's questions are far from clear and he was asked to clarify what question he wanted answered, he declined on the first page.

Get Real Man! What good is a house on land you don't own? Land Titles are only interested in the land and any liens against it like a mortgage. lease, or usufruct. If you build a house on it then it is considered a "Land Improvement" and like a Chicken Coop or Barn. Ownership is Ownership! A house on leased land is not ownership. It is a house on leased land which you would find very difficult to move or sell.

I believe the Ops Post was clear enough. He wanted to know if his Thai Wife can own land in Thailand under her name. He didn't want to know if a Farang can buy a Mobile Home or own land by the many ways in which he can set up a fake company or invest in 10 M Baht. That is why he said he wanted a simple answer and not BS.

[GOLDBUGGY]

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.

Thank you for clearing this up as what you said is exactly what I had to do to. Simply to sign a paper at the Land Office confirming the land is hers and I have no claim to it.

I did not sign anything stating that this money did not come from me or from outside the country. I wasn't even asked this question, or my wife, as to where this money came from. I don't know where poster are getting this information unless they are confused with Condo Buying in their own names. We had no problems at the Land Office doing it this way.

[chiang mai]

You are quite simply wrong!

In a near perfect case, a foreigner could lease land for 30 years and contract with a builder to construct a house which can then be registered in the foreigners name Stories about various land offices around the country perhaps not issuing a channote under those circumstances are mostly bar stool myth and scare mongering by the usual suspects although I'm sure there's one or two that have been problematic over time. Ergo, it is legal for a foreigner to own a house here either in his/her own name or in the name of his/her spouse.

Read the Ops question before you answer and not just the title.

The Op said: "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."

My answer was "No" it is not prohibited to buy a house in your Thai Wife's name.

Now lets say time on this Bar Stool talk you mentioned and simply let me ask you a couple of questions.

Do you own a house and the land it sits on in Thailand, and strictly just under your name at Land Titles?

Do you know any Farang personally who owns a house and the land it sits on and all in just his own name at Land Titles?

Then you need to read it all again because the OP asks only a single question at the outset which he points to as being in the title of the thread and that question is, is it legal for a farang to buy a house in the Thai wife's name - the OP actually refers to it as land which he then qualifies as a house, in brackets.

The answer to that question is yes, especially if the wife is Thai (he doesn't say but can be presumed) and yes if the wife is farang, by virtue of my previous reply.

And whilst I will agree that the OP's questions are far from clear and he was asked to clarify what question he wanted answered, he declined on the first page.

Get Real Man! What good is a house on land you don't own? Land Titles are only interested in the land and any liens against it like a mortgage. lease, or usufruct. If you build a house on it then it is considered a "Land Improvement" and like a Chicken Coop or Barn. Ownership is Ownership! A house on leased land is not ownership. It is a house on leased land which you would find very difficult to move or sell.

I believe the Ops Post was clear enough. He wanted to know if his Thai Wife can own land in Thailand under her name. He didn't want to know if a Farang can buy a Mobile Home or own land by the many ways in which he can set up a fake company or invest in 10 M Baht. That is why he said he wanted a simple answer and not BS.

It has always been the case that a foreigner cannot own land in Thailand, outside of the BOI scheme, this is probably the single best known fact about Thailand amongst foreigners, except perhaps by you and possibly the OP it seems!

As for your question about what use it might be: there are hoards of foreigners who have built houses this way, significantly there are many many businesses in Thailand that have done the same thing. What good is it? Well for the 65 year old retiree with no relatives to leave his estate to overseas and perhaps a Thai wife who owns the land, it's a perfectly fine solution. And I can think immediately of one large well known foreign owned business here in Chiang Mai who has constructed large premises on leased land that they will move in substantially less than 30 years.

And FWIW it's called the Land Office, not Land Titles and they will issue a separate chanotte for a dwelling that is separate from the chanotte that is the land,

[MaeJoMTB]

But attached to the Land Title is also a "Usufruct". This entitles me to full use of this land until I die.

Not valid between man and wife.

[MaeJoMTB]

As for your question about what use it might be: there are hoards of foreigners who have built houses this way,

Hardly any foreigners have built houses in this way.

Including you.

Because it just isn't convenient.

Buy land, employ a builder, register documents in your name ...... most just can't be bothered.

And by the time the builder has thoroughly ripped you off, not worth it.

Not to mention, the land owner can't be your Thai wife, as no contract between man and wife are enforceable under Thai law.

Now if a foreigner could buy a property already built then split house and land, that would be entirely different,

But you aren't allowed to do it that way.

Edited October 30, 2015 by MaeJoMTB

[chiang mai]

As for your question about what use it might be: there are hoards of foreigners who have built houses this way,

Hardly any foreigners have built houses in this way.

Including you.

Because it just isn't convenient.

Buy land, employ a builder, register documents in your name ...... most just can't be bothered.

And by the time the builder has thoroughly ripped you off, not worth it.

Not to mention, the land owner can't be your Thai wife, as no contract between man and wife are enforceable under Thai law.

Now if a foreigner could buy a property already built then split house and land, that would be entirely different,

But you aren't allowed to do it that way.

So nobody leases land and builds a house on it, right!!!

[wayned]

In 1999 I built a house on land that my wife bought, money from me. The house is paid for so there is no outstanding bank loan. I have lived in the house since then with my wife. I am 70 and my wife is only 50. I really expected that she would outlive me, but unfortunately she passed away in March after complications of brain surgery due to a haemorrhagic stroke. The family immediately wanted the land signed over to them but I went to court and have a court order giving me the right to posses the property but not own it as I cannot be put on the land document. I have 1 year from the date of the order to transfer the ownership of the property to a Thai National. I fully intend to do that by signing over the property to my step son and at the same time executing a 30 year lease which must be registered at the land office.

[theguyfromanotherforum]

In 1999 I built a house on land that my wife bought, money from me. The house is paid for so there is no outstanding bank loan. I have lived in the house since then with my wife. I am 70 and my wife is only 50. I really expected that she would outlive me, but unfortunately she passed away in March after complications of brain surgery due to a haemorrhagic stroke. The family immediately wanted the land signed over to them but I went to court and have a court order giving me the right to posses the property but not own it as I cannot be put on the land document. I have 1 year from the date of the order to transfer the ownership of the property to a Thai National. I fully intend to do that by signing over the property to my step son and at the same time executing a 30 year lease which must be registered at the land office.

So sorry for your loss.

This is completely ot, but......

I am actually thinking about moving with my girlfriend to Canada after we marry.

There is no way I would trust Thai medical system and I have spent some money in expensive private hospitals. The doctors are actually good, but I am scared of misdiagnosis and fups and then have it blamed on me.

I used to think different when I was coming here on vacation. I had nothing but praise.

[MaeJoMTB]

As for your question about what use it might be: there are hoards of foreigners who have built houses this way,

Hardly any foreigners have built houses in this way.

Including you.

Because it just isn't convenient.

Buy land, employ a builder, register documents in your name ...... most just can't be bothered.

And by the time the builder has thoroughly ripped you off, not worth it.

Not to mention, the land owner can't be your Thai wife, as no contract between man and wife are enforceable under Thai law.

Now if a foreigner could buy a property already built then split house and land, that would be entirely different,

But you aren't allowed to do it that way.

So nobody leases land and builds a house on it, right!!!

It's great to give advice that you didn't use yourself.

PS

"Hardly any" is not equal to "nobody" but we can both agree is entirely different to "hordes".

(And I even know which "hordes" to use in my post)

Edited October 30, 2015 by MaeJoMTB

[GOLDBUGGY]

As for your question about what use it might be: there are hoards of foreigners who have built houses this way,

Hardly any foreigners have built houses in this way.

Including you.

Because it just isn't convenient.

Buy land, employ a builder, register documents in your name ...... most just can't be bothered.

And by the time the builder has thoroughly ripped you off, not worth it.

Not to mention, the land owner can't be your Thai wife, as no contract between man and wife are enforceable under Thai law.

Now if a foreigner could buy a property already built then split house and land, that would be entirely different,

But you aren't allowed to do it that way.

So nobody leases land and builds a house on it, right!!!

The Op didn't ask about building a business in Thailand on Leased Land. Again you are off in some different tangent. Why don't you just read what he wanted to know instead of guessing wrong all the time? He is not asking if a Farang can own land or a house!

If you plan to leave this house to your Thai Wife why would you want the house in your name and the land it sits on in her name? Rubbish!

Just keep the house and land on her name and get a 30 Year Lease or Usufruct in your name. Once you are dead the Usufruct automatically expires and she gets everything without hassled.

[GOLDBUGGY]

In 1999 I built a house on land that my wife bought, money from me. The house is paid for so there is no outstanding bank loan. I have lived in the house since then with my wife. I am 70 and my wife is only 50. I really expected that she would outlive me, but unfortunately she passed away in March after complications of brain surgery due to a haemorrhagic stroke. The family immediately wanted the land signed over to them but I went to court and have a court order giving me the right to posses the property but not own it as I cannot be put on the land document. I have 1 year from the date of the order to transfer the ownership of the property to a Thai National. I fully intend to do that by signing over the property to my step son and at the same time executing a 30 year lease which must be registered at the land office.

Just a question.

If you already had a 30 Year Lease in place, or a Usufruct, would it have been different? As in Better or Worst?

[chiang mai]

"a 30 Year Lease",

"Get Real Man! What good is a house on land you don't own?"

[offset]

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.

Thank you for clearing this up as what you said is exactly what I had to do to. Simply to sign a paper at the Land Office confirming the land is hers and I have no claim to it.

I did not sign anything stating that this money did not come from me or from outside the country. I wasn't even asked this question, or my wife, as to where this money came from. I don't know where poster are getting this information unless they are confused with Condo Buying in their own names. We had no problems at the Land Office doing it this way.

I have been told by 2 lawyers that the paper a claiming the land is hers has no legal standing in law and it has been tested in the courts many times

[offset]

"a 30 Year Lease",

"Get Real Man! What good is a house on land you don't own?"

It is no good, but if you are not married to your lady and she tries to sell the land who would want to buy land with a house on it that they cannot own and if you really wanted to be nasty to the lady you could just remove any saleable items and then demolish the house which in a lot of cases is worth more than the land that it is built on

[wayned]

"a 30 Year Lease",

"Get Real Man! What good is a house on land you don't own?"

I bought the land 17 years ago, 13 Rai. The land is in my wife's name but it can not be sold or encumbered without my signature. It was subdivided into a 3 rai plot and a 10 rai plot. The 3 rai plot is where the house is built, the 10 rai plot is farm land with corn currently planted. I've planted corn and sunflowers on it each year and have realized net profit each year. I built the house for over 2 million baht and have lived in it with my wife for 16 years. Let's see 16 years is 192 months. So basically I have paid 10416.67 baht/month rent. I own everything in the house. What do you pay rent/month and do you own it's contents.

I have a document that gives me the right to acquire and dispose of the house. I could sell it and put the money in a plastic bag and put it under my mattress but I would have to find another place to live with my 8 dogs. My step son is the only person named on my will and I have no living relatives. I intend to transfer the land into my step sons name with the same current signatory requirements and am getting him to sign a 30 lease just to protect myself against any unforeseen future problems. My stepson is 29 and has lived with me since I came to stay in 1997. I'm 70 and truly doubt that I will live out the term of the lease.

What do you do with your money, put it in a bag under your mattress, and what do you have to show for it? Different strokes for different folks! GET A LIFE MAN!

[chiang mai]

"a 30 Year Lease",

"Get Real Man! What good is a house on land you don't own?"

I bought the land 17 years ago, 13 Rai. The land is in my wife's name but it can not be sold or encumbered without my signature. It was subdivided into a 3 rai plot and a 10 rai plot. The 3 rai plot is where the house is built, the 10 rai plot is farm land with corn currently planted. I've planted corn and sunflowers on it each year and have realized net profit each year. I built the house for over 2 million baht and have lived in it with my wife for 16 years. Let's see 16 years is 192 months. So basically I have paid 10416.67 baht/month rent. I own everything in the house. What do you pay rent/month and do you own it's contents.

I have a document that gives me the right to acquire and dispose of the house. I could sell it and put the money in a plastic bag and put it under my mattress but I would have to find another place to live with my 8 dogs. My step son is the only person named on my will and I have no living relatives. I intend to transfer the land into my step sons name with the same current signatory requirements and am getting him to sign a 30 lease just to protect myself against any unforeseen future problems. My stepson is 29 and has lived with me since I came to stay in 1997. I'm 70 and truly doubt that I will live out the term of the lease.

What do you do with your money, put it in a bag under your mattress, and what do you have to show for it? Different strokes for different folks! GET A LIFE MAN!

Wayned: I agree completely, my quotes above were not aimed at you, I was simply feeding back what another poster had said to me earlier in the thread. I have no difficulty with a lease arrangement for people over age 65 and I said so in an earlier post, that concept however was shot down by poster "goldbuggy" who seemed to think it a ridiculous concept, hence his quotes above.