Land Acquisition: land office documents: The case of a Thai married to a foreigner and buying land/property
A Thai national married to a foreign national may acquire land in Thailand but it must be assured that the land will be a personal property of the Thai spouse and not a jointly owned asset between husband and wife based on marital property laws. The Thai and foreign spouse must prove to the land official upon ownership registration that the money used for the purchase is personal property of the Thai spouse according to section 1471 and 1472 Civil and Commercial Code and/ or supply an land office official certify letter stating that the spending on land is separate property (Sin Suan Tua) or personal asset of the Thai spouse, and not a personal property of the foreign spouse or jointly owned property (sin som ros) between husband and wife.
Land ownership registration on Thai spouse’s name married to foreigner in Thailand:
The above land office letter of confirmation or certify letter is based on a regulation issued by the Ministry of Interior issued March 23, 1999. Prior to this date a Thai married to a foreigner stricktly spoken lost the right to acquire land because such purchase could create joint land ownership between the foreign and Thai spouse (sections 1470 to 1474 civil code) or the Thai could be considered acting as the agent on behalf of the foreign spouse which is both illegal under the land code act.
(source: Ministry of Interior regulation dated March 23 1999)
The procedure for the acquisition of land by Thais having spouses being aliens, either by lawful marriage or unlawful marriage (without proper registration like a common-law marriage) and children of foreigners have been changed to be as follows:
Any Thai having a foreign 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 if it does not appear after investigation that he/she has done so to avoid the law’
For the procedure of the purchase of land by a Thai national married to a foreigner the land department of Thailand issued a further specification on the procedure:
Land office procedure, source: Thailand Land Department: Suggestion principle for acquisition of land by a Thai who has a foreign spouse:
A Thai, who has an alien spouse (legal or illegal), would like to purchase land, an alien spouse has to confirm in a certify letter that the spending on land is his/her separate property (sin suan tua) or personal asset. The proceeding of certify letters are as follows:
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Source:
http://www.thailandlawonline.com/article-older-archive/land-purchase-thai-married-to-foreign-national
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