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Marriage, Thai wife can still own land........?


limbo

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only one thing i would not agree with, is the sor bor kor title deed. that, if you buy the land to keep it, not to speculate, is a very good ownership title. even though it is nominally illegal to trade with that land it very often is dealt with by someone having the land without registering it in his name. as soon as it is bought it is then registered in your spouses name in the landoffice, and then practically impossible for the government or anyone else to take it away from you and your spouse.

the added benefit is, that no one can sell it anymore then until the papers are upgraded.

every few years those papers are upgraded one step, first to nor sor 3, then to the full chanoot.

if you don't have that much money, the sor bor kor titled land is a lot cheaper than land with full title deeds.

generally, there is a limititation of land one can hold legally with the sor bor kor title as it is land intended for the poor, something like maximum 50 rai per person.

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Ok, while the subject is on the table, here is my situation. I don't know if it will clarify or further confuse the issue but I would like to hear what other posters think about how my wife devised to resolve this problem.

 

We were married in the US in August of 2000. (My wife entered the US in July 2000 on a Fiance Visa.) In June of 2001 we brought our US marriage certificate to the Ministry of Foreign Affairs in Bangkok to begin the foreign marriage registration process. We then completed the registration in her home district of Phrae. At the same time she was able to transfer ownership of a plot of her family's land into her name.

 

We were also married in her village in July of 2001. This Thai marriage is not the one that is officially registered, the US marriage is. I was told that in this way she could keep her Thai land ownership rights and since land has been transferred to her since the time of our US marriage registration at the Thai District Office I would have to believe that this is the case.

 

BTW, her Thai ID card has been officially changed to her married name. Does this make sense to those of you who are familiar with the law?

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Condomking,

 

Off the subject a little bit. How was your wedding in New York? Was it a civil one? I am planning to bring my TG to New York and get marry overhere next year. Does the K-visa procedure difficult? I am curious and appreciate any guidance from you. Thanks, csm

 

p.s. my email is chieusamac@hotmail.com

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Her ID is only important to immigration. Due to the fact she still has a Thai ID there will be no problem.

It's been said in another thread: due to the lack of communication between authorities in Thailand the authority for landownership will not be informed by immigration. As long as they don't know she will be regarded as a Thai citizen and can therefore continue to own land in Thailand.

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Well, OK, but if a Thai woman married a foreigner in Thailand and registered the marriage wouldn't she still have her Thai ID card and wouldn't she also lose her right to own property? That's the point, isn't it? Not whether Thai Gov agencies share information but whether a foreign marriage registered in Thailand will affect a Thai spouse's ability to own land as it would seem that a Thai marriage registration does, if the husband is a foreigner.

 

As I said in my post, our foreign marriage is registered in my wife's provincial district office and it does not seem to have affected her ability to own land. Just trying to clarify.

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our foreign marriage is registered in my wife's provincial district office and it does not seem to have affected her ability to own land

You are right. A Thai is allowed to own and buy land period. The old policy of preventing registrations after marriage to a foreigner has been replaced with a requirement that the Thai party declare the funds used to buy are not those of the foreign party and that the foreign party acknowledge they can not own the land in the event of the Thai owners death. People have been using this system for several years now.

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Condom,

 

"BTW, her Thai ID card has been officially changed to her married name. Does this make sense to those of you who are familiar with the law? "

 

Yes, this makes sense. Thai family law requires that a married woman take her husband's surname.

 

Regards, JEff

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