limbo Posted October 25, 2002 Report Share Posted October 25, 2002 Hi, on the above question I keep getting confusing information. I know that not too long ago, if a Thai women married a Westerner, she'ld lose her rights to own land. Recently I've heard many people say that this isn't the case anymore, that after the women is married, she still can own land. Can somebody give me information on this. Thanks a lot. Limbo Link to comment Share on other sites More sharing options...
SARGON Posted October 25, 2002 Report Share Posted October 25, 2002 Yes there has been a change in policy around 1999, I think. Under the current Land Office policy a Thai woman can own and register ownership in land in Thailand, provided that the foreign husband signs a letter declaring the property to be the separate property of the Thai wife and waiving any interest in the property. The purpose of this policy has always been to prevent foreign ownership of land in case of a divorce. Link to comment Share on other sites More sharing options...
whosyourdaddy Posted October 25, 2002 Report Share Posted October 25, 2002 yes she can still own land BUT only if the guy at the land office read the memo.. If he did not you are out of luck Link to comment Share on other sites More sharing options...
Guest Posted October 26, 2002 Report Share Posted October 26, 2002 She can own land, but due to some laws allowing authorities to make it difficult for her I recommend to talk to a solicitor in the area she owns land. Link to comment Share on other sites More sharing options...
Flashermac Posted October 27, 2002 Report Share Posted October 27, 2002 Still a lot better than it used to be. Under the old laws, the only way to buy land was have your wife divorce you. (Claim you'd deserted her.) Then she would buy the land. After a decent interval, you could reregister the marriage. But what most expats did was to register the marriage in their home country, but not in Thailand. That way the gal was still recorded as single in her own country. I have colleagues who still have done it that way, just to simplify things. (They did not marry BGs, have kids and aren't worried about the gal going off with the property. One is married to a teacher, the other to a bank employee.) Link to comment Share on other sites More sharing options...
lopburi3 Posted October 27, 2002 Report Share Posted October 27, 2002 I have colleagues who still have done it that way, just to simplify things. And I fail to see how this simplifies anything but each to his own. Traveling with a wife who has another name and a passport from Thailand is not going to be simple. Buying e-tickets from Thai Airways can not even be done unless names are the same. And they have kids whose mother does not have their name and they are unable to file for Thai citizenship. All this to avoid filling out a form for land registration? Also have a problem understanding how wife not being a BG, and thus not a person who would run away with the family jewels, equates into this decision. As your post was valid AFAIK in other respects so wonder if I am missing something and you can explain what advantage they seem to think they have by doing this? Link to comment Share on other sites More sharing options...
Flashermac Posted October 29, 2002 Report Share Posted October 29, 2002 Well, both husbands have taken their wives home with no problems -- one to the UK, the other to the US. At the time they went, their children hadn't been born, so that didn't figure in. The UK allows dual citizenship no problem, so I believe the Brit got his wife a UK passport too, since he registered the marriage in England. His son probably has a UK passport too now. The American has also registered his daughter as an American citizen, since he is legally married in the States. With the changes in the law, it probably is no longer necessary to avoid registering in Thailand. But it could always change back and for a while it wasn't clear just what the changes meant. That is why my two colleagues didn't register. They were waiting to see what happened. I think the Brit may have done so now, since he has bought his home and is comfortably settled into it. Expects to live in it the rest of his life and not buy any more land. A friend around 20 years ago had to have his wife divorce him, then buy their home in her name. At that time, it was the only way to do so. They wanted to build their own home and stop wasting money on rent, but he foreigners couldn't buy land -- nor could their Mrs! He did later remarry her, but he hasn't left the country in all that time, since his folks are both deceased and he has nobody left at "home" anymore. As to the wife not being a BG, I simply mean that they didn't marry somebody they met on a holiday and barely knew. They lived here and knew each other for some time, knew their families and what they were getting into. Both men also speak fluent Thai and know what is being said around them. The fellow with the bank employee wife has Chinese-Thai inlaws with money. The other guy married the daughter of a retired Thai Army 1st SGT with a pension. There is very little chance of the wife suddenly turning on the husband, booting him out and claiming all the property that's in her name. That's what happened to poor old "Cowboy" Edwards, whose wife took his home, bar and most of his money. Link to comment Share on other sites More sharing options...
Guest Posted November 15, 2002 Report Share Posted November 15, 2002 The following article is taken from the Nation newspaper. It may help clarify the position for many of us. HOW TO...: Buy land in Thailand Published on Nov 15, 2002 [color:"purple"] Last week, we told you how to buy a condo. This week, we offer some information about buying land, which in comparison makes buying a condo as simple as popping down to the corner shop for a pack of Marlboro Lights. Thai property law states that with a few exceptions ? like a Board of Investment approval or suitcases full of money deposited in a Thai bank ? foreigners are not allowed to own freehold land. They can only lease the land for a maximum of 30 years. But Thai law has many grey areas; in fact, it seems at times it has more grey areas than black and white areas. In 1999, the government lurched out of the 19th century to amend the property law to allow a Thai spouse (male or female) of a foreigner to buy land. Unfortunately it only lurched as far as the early 20th century. For the spouse to buy land, proof is required that the money used to purchase the land is legally the Thai partner?s, with no foreign claim to it. Get divorced or separated and the Thai ?ex? gets to keep it all. Even if the Thai spouse dies, the foreigner has no claim to the land and there is nothing to stop the relatives from moving in (if they haven?t already) and booting you out. If you want a house to call your own without the prospect of your spouses? relatives circling hungrily, this is not a good option. Most foreigners who ?own? land and houses ? as opposed to condos, which can be owned outright ? go for a leasehold agreement of typically 30 years, with two prepaid 30-year renewals. The lease will include clauses that automatically allow freehold ownership if the laws of foreign ownership change in the future, and the right to sell and/or transfer the property. This gives you 90 years with strong backup, making it effectively ownership. Just to complicate things a little, while you can only lease land, all the buildings ? either on the land when it was purchased, or improved or built by you after purchasing the land, are yours freehold. Technically this means that once the lease expires, the owner of the land must purchase the building(s) at an independently and legally valued price, or negotiate another lease period. God knows how that can work. The structure of a lease agreement needs to be watertight. But because this has become the preferred way of holding land in Thailand for foreigners, this type of lease agreement has become more or less a template, with add-ons to suit individual buyer?s needs. But don?t draw it up yourself. Get the advice of a lawyer versed in such things. And don?t sign anything or hand over any money until you fully understand and are happy with what?s written on the lease agreement. One thing you need to be aware of is the title status of the land you are purchasing. In much of upcountry Thailand, including favourite places to buy for foreigners like Phuket, Ko Samui, Pattaya and Hua Hin, most land has not been surveyed or has been dubiously titled. Land is titled depending on its survey status. Make sure of the land title before you buy ? often prices vary greatly depending on the type title ? or you might find someone else laying claim to your rai after just after you finish building your retirement home. ?Chanott ti din? are title deeds with land accurately surveyed. If you have one, it gives you incontestable possession of the land. The most developed areas of provinces have these titles. But even in farang-friendly Phuket, for example, only 10 per cent of the land is under this title. As it stands, most ?titles? around the country are ?Nor Sor Sam? or ?Nor Sor Sam Kor?. They are land title deeds in as much as clear records of ownership are maintained, and that they may be sold or leased, but they tend to be less accurately surveyed than Chanott titles. If purchasing Nor Sor Sam-titled land that lacks clearly defined physical boundaries, ask the owner to stake out the boundaries and then ask neighbouring landowners to confirm his work. And there are more. Sor Kor Nung, Tor Bor Tor Hoc, and Tor Bor Tor Ha are essentially squatter?s rights registered at the district office for a small fee. Unlike the Chanott and the Nor Sor Sam Kor, they cannot legally be sold, nor can you build on the land if you are stupid enough to buy it. So be a prudent foreigner and ignore the Sor Kors and Tor Bors. Oh yes, I almost forgot one: the Sor Bor Kor. These are true title deeds, accurately surveyed and pegged (like a Chanott). They can be mortgaged and developed. But the big but is they cannot be leased, sold or transferred. So, also ignore Sor Bor Kor. Chanott and the Nor Sor Sam Kor are the only titles over which a registered right of ownership or lease. Stick to them. [/color] Phil Macdonald The Nation Link to comment Share on other sites More sharing options...
Guest Posted November 22, 2002 Report Share Posted November 22, 2002 Thanks for this post. It certainly fills a few gaps of my knowledge. Link to comment Share on other sites More sharing options...
New Petchburi Pete Posted November 23, 2002 Report Share Posted November 23, 2002 Maokaang ... thanks for the post. Would you be able to provide a link to the article published that dealt with buying a condo? If you have a copy of it, I would greatly appreciate your e-mailing me the article. Thanks for any help you might be able to provide. Link to comment Share on other sites More sharing options...
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