Thai married to a Foreigner

When foreigners retire to Thailand and wish to purchase a home, they frequently opt to purchase both the home and the land. Keep in mind that you are able to own the two separately in Thailand under superficies. Most people usually purchase the home and the property before putting it in the name of their wife. Thai law prohibits foreigners from owning any land in Thailand, with some exceptions.

According to the Condominium Act, foreigners may hold no more than 49% of the apartments or condo units. In the event that the amount exceeds the cap, they typically register the condo unit in the name of their Thai wife or a Thai company. With the house, you can do the same, but the land it is situated on might present a different challenge. Keep that in mind if you purchase a condo property in the name of your Thai-registered firm and reside there. Since it is being leased to a director of the firm, the Thai government considers it to be a lease, and you must pay an annual rental tax on the unit.

Reverting to the land dispute, let's discuss purchasing a home under your Thai wife's name. You must substantiate the following:

  1. Your wife is the source of the funds, not anybody else;
  2. Verify that Sin Suan Tua is personal property and not a common asset. (Sin Som Ros).

It should be noted that in the past, a Thai woman who married a foreigner lost her ability to own or purchase land in Thailand. On March 23, 1999, a law was altered to allow Thai women who were married to foreigners to once again own land. To avoid having a claim to the land during a divorce, keep in mind that the property listed above is personal property rather than common property, which you will need to confirm with the Land Department yourself. As mentioned above, many sign a 30-year usufruct over the property in the event that their wife passes away and they are forced to vacate. Consult your lawyer about this.

As per Section 1476, the property is not jointly owned marital real estate, therefore your spouse may sell, mortgage, transfer, or exchange it without your permission as the foreign spouse. The usufruct was created as additional insurance for your Thai property rights because this can become a problem. You could be able to inherit the land in the event of your death, but this hasn't been proven in Thai courts yet, and most people would rather find a way around it. The statute declares:

According to Section 93 of the Land Code Act, foreigners who inherit land as statutory heirs may own a portion of it with the Interior Minister's approval. The overall number of land plots must not, however, exceed those listed in Section 87′.

To the best of the writer's knowledge, this has never been put to the test, thus it is always advisable to speak with a lawyer when making future plans and explore your choices for setting up a Thai company as well as usufructs and testaments. Although it may be a while, laws do alter and legal issues may arise.


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