Land acquisition by a Thai woman whose spouse is foreigner
“Land acquisition legitimately by a Thai woman whose spouse is a foreigner should comply with the ruling as stipulate by laws. Whereby acquisition of each type of land has been ruled by specific law i.e. Land Code B.E. 2497 (1954), Investment Promotion Act B.E. 2520 (1977), therefore, considerably attention is highly concerned."
1. Land acquisition by Thai whose spouse is a foreigner regulation.A Thai, whose a spouse is either legal or non-legal, is entitle to own the land as “separate property” (in case the legal spouse is a foreigner) and so as to “personal property” ( in case the spouse-in-fact is a foreigner) without limitation quantity of area prescribed by regulation follows;
1. In case of being transferred ownership of land. It was satisfied by the investigation that the ownership has been transferred as personal property of a Thai (in case the legal spouse is a foreigner) or personal property of a Thai (in case the spouse-in-fact is a foreigner) The official shall proceed the registration of rights and juristic act to the applicant.
2. In case of buying land
- A foreign spouse lives in Thailand
1) In case of a legal foreign spouse, a Thai and a foreign spouse must declare a co-written statement, in the statement (as shown letter of confirmation example 1) before the official on the date signing registration of rights and juristic act that all money paid for buying land is a sole personal property and not a marital property.
2) In case of a non-legal foreign spouse, A Thai and a foreign spouse confirm a co-written statement, in the statement (as shown letter of confirmation example 1) before the official on the date signing registration of rights and juristic act that all money paid for buying land is a sole personal property and not a joint-earning property.
- In case a foreign spouse lives in Thailand but unable to confirm in the letter of confirmation on the date signing registration of rights, in this event, a Thai and a foreign spouse file a memorandum of statement application ( as shown “example Tor. Dor 9”) in order to certify that the whole money which a Thai paid for buying land is solely separate or personal property, not a marital or joint-earning property.
- In case a foreign spouse lives abroad, a foreigner make a contact to the ambassador, consular or notary public to make a memorandum of statement of the foreign spouse onto letter of confirmation (as shown letter of confirmation example 2) that the whole money paid for buying land by a Thai is separate or personal property not a marital or joint-earning property then, certifying that a person who makes the statement is truly a spouse or co-habit as husband and wife with a Thai. Thereafter, the one that is going to buy the land brings the said original statement to the official for registration of rights and juristic act.
Moreover, in case a Thai whose spouse is a legal or non-legal foreigner with proving evidence that the whole money paid for buying land is a separate or personal property, therefore the official shall proceed registration of rights and juristic act without memorandum of statement of a Thai and foreign spouse.
If the seller wishes to register a mortgage, a procedure is eligible without memorandum of statement of the foreign spouse.
A foreigner with inheritance of land
Many foreigners get married with Thai and live here for good by investing to buy accommodation for co-habitant in order to raise a family under a Thai spouse’s title as it is prohibit to own the land by the foreigner over Thailand, What if the spouse who own the title dies? What will happen to the house that has been raised together?
