ข้อที่ 3 การขอได้มาซึ่งที่ดินของหญิงไทยที่มีคู่สมรสเป็นคนต่างชาติ

Request to acquire land of Thai nationals whose spouses are foreigners.

Thai nationals who have a spouse, whether illegitimate or unlawful, are a foreigner, may transfer the land as "Personal property" (in the case of a legitimate spouse or have registered a marriage) and as "Private property" (in the case of an unlawful spouse or unregistered marriage) with an unlimited amount of space with the following rules:

1. Accepting land grant, In the event that Thai nationals who has a spouse, whether illegitimate or unlawful, is a foreigner, requests land granting during marriage or together. After investigation, The fact appears that is accepting as a Personal property of Thai nationals (In the case of being a lawful spouse or registering a marriage) or Private property of Thai nationals (In the case of being an unlawful spouse or not registering a marriage) without causing foreigners to have ownership in the land. The competent official will proceed to register rights and legal acts for the applicant further.

2. Purchase of land

• In the case of foreign spouses living in Thailand

1) In the event that a foreigner is a lawful spouse or has registered a marriage certificate. Thai nationals and foreign spouses must jointly confirm in writing in a certificate. (As in the example image 1) to the authority on the date of registration of rights and juristic acts that "All the money brought to buy the land is the Personal property of the Thai nationals solely, not the Marriage property."

2) In the case of foreigners being unlawful spouses or not registering their marriage

Thai nationals and foreign spouses must jointly confirm in writing in a certificate. (As in the example image 1) to the authority on the date of registration of rights and juristic acts that "All the money brought to buy that land is Private property of the Thai nationals solely."

• In the case of a foreign spouse residing abroad

Foreign spouses may contact the Embassy, ​Consulate or Notary public to record their statements in a certificate (As in the example picture 2) That “All the money brought to buy that land is Private property or Personal property of Thai nationals, not the Marriage property or the property that the foreign spouses have in common ownership in any way” and

The competent official must certify that the person making the letter is a spouse or is living as husband and wife with Thai nationals. Then, the buyer must bring the original certificate to the authority to register the rights and legal acts.

If Thai nationals can show an evidence that All the money brought to buy that land is personal property or Private property. The competent officials are able to register rights and legal acts for Thai nationals without having to record the certification of Thais and foreign spouses.

If a Thai spouse Intending to register a mortgage, it can be done. Without needing foreign spouses to testify again.

3. Thai nationals who used to have foreign spouses but have already divorced or broke up, or minor children of foreign nationals of Thai nationality requesting a juristic act to acquire land.

If after investigation, there is no circumstance for avoiding the law. The authority will proceed to register rights and legal.