Land purchase by a Thai national married to a foreigner

line_01.gif (3614 bytes)

 

Since the letter of the Ministry of Interior (most urgent No. Mo 0710/vor 792 dated 23 March 1999), if a foreigner has a Thai spouse then land (or condominium) may be bought in the name of the Thai spouse, however; the land (and some cases condominium unit) becomes sole and personal property of the Thai spouse (excluded from a community property regime). Proof is required that the money used to purchase the land is legally the Thai spouse's.  

Any Thai having a foreign spouse spouse may purchase or accept land as a gift with no consideration and register the ownership of such land during marriage under the condition that the spouse must jointly provide a written legal confirmation stating that the entire source of funds for such purchase or gift is solely from the Personal Property (such as defined by Thai laws) of such Thai. Without written confirmation from a foreign spouse, the request for such registration must be referred to the Land Department in order to obtain an approval from the Minister.

Any foreigner's minor having Thai nationality may purchase or accept land as a gift with no consideration and register the ownership of such land.

 

A foreign spouse it not allowed to have co-ownership in land together with the Thai spouse as a community property within marriage.

 

The same regulation applies to a condominium unit, depending on the 49% foreign ownership ratio within that condominium.

 

 Application for ownership in Land by a Thai spouse

   

The Thai spouse has to show evidence that all money paid is personal property (Sin Suan Tua) according to Sections 1471 an 1472 Civil and Commercial Code, or

 
   

The Thai and his/her foreign spouse must present themselves at the Land Office to confirm in a standard Land Office Letter of Confirmation that all money paid for the property is personal property (Sin Suan Tua) and not a common property (Sin Som Ros)**.

 

** In the case where a Thai national who is married to a foreigner national intends to purchase land (or a condominium unit) but fails to give a joint written confirmation to the competent official as the foreign spouse is being abroad, in this instance, the foreign spouse may make the statement at a Thai Embassy or Consulate or Notary Public stating in writing that the money which that Thai national will expend on the purchase of the land or condominium unit is wholly the separate property of that Thai national and not the community property or property which a foreign spouse has co-ownership in. 

Inheritance of Land as a Statutory Heir

A foreigner married to a Thai spouse may inherit land as a statutory heir (section 93 Land Code Act). In this case permission must be obtained from the Ministry of Interior and the Minister of Interior shall have the sole discretion to grant permission.

 

   

Section 93 is subject to section 86 Land Code Act, therefore in practice, no Minister will give permission.

   

 

Under present law any foreigner who acquires land as a statutory heir will have to transfer the land within a reasonable period (meaning up to 1 year) to a Thai national.

 

Agreement between Husband and Wife

 

 

Thai law recognizes the special relationship between husband and wife. Section 1469 of the Civil and Commercial Code offers both spouses the option (without grounds) to avoid any agreement concluded between them during marriage.

 

 

 

 

The return of the property arising from an avoided act shall be governed by the provisions in the 'Undue Enrichment Code'.

 

Section 1469: 'Any agreement concluded between husband and wife during marriage may be avoided by either of them at any time during marriage or within one year from the day of dissolution of marriage; provided that the right of third persons acting in good faith are not affected thereby'.

 


 

Sample of "Letter of Confirmation" 

Letter of Confirmation

At:.....................................
Date:............. Month ............................ Year..............


I, Mr./ Mrs..................................... and Mr./ Mrs............................... are registered/ unregistered both spouses. We together confirm that the money which Mr./ Mrs.............. ................................ shall expend on the purchase of land title deed/ N.S.3 K/ N.S 3 no..................... ... ............... Sub-district...... .... ...............District.................................................... Province.................................. or Condominium Unit no......... Floor.................... Name of the Condominium................................. Sub-district.......................................... District........................................ ... Province...................................... ............... is wholly Suan Tun or the personal property of Mr./ Mrs............................................ alone, not Sin Som Ros or the matrimonial property between husband and wife.


(Signature)................................ Certified spouse
(Signature)................................ Certified spouse
(Signature)................................ Witness
(Signature)................................ Witness


This agreement is made in the presence of ............................ Competent Official

 

   line_01.gif (3614 bytes)

 

  Copyright and All rights reserved. www.ThaiLaws.com    

Any comments mail to: thailaws@lawyer.com