FAQs About Property Ownership in Thailand for Foreigners Married to Thai Nationals.
- Can foreigners married to Thai nationals own land in Thailand?
No, according to Thai law, foreigners married to Thai nationals cannot own land in Thailand or have ownership interest in jointly owned marital property.
- Is there any way for a Thai national married to a foreigner to own land?
Yes, the Land Department allows a Thai national married to a foreigner to own land as personal property after a joint statement with the foreign spouse declaring that the money used to purchase the land is the personal property of the Thai spouse.
- What does it mean for the land to be owned as personal property of the Thai spouse?
This means that the land (and sometimes a house or condominium) is purchased and registered solely in the name of the Thai spouse. It does not become jointly owned marital property between husband and wife (Sin Somros).
- How is ownership confirmed in such cases?
A certification letter is issued, based on the principle of section 1472 of the Civil and Commercial Code, stating that if personal property has been exchanged for other property (in this case, land), that property shall remain personal property of the Thai spouse.
- What rights does the foreign spouse have in this situation?
The foreign spouse has no direct ownership rights in the assets based on Thai family laws governing property between husband and wife. The Thai spouse appears as the sole owner and manager of the land.
- What happens to the land in case of divorce?
As the land is considered personal property of the Thai spouse, it is not automatically subject to division of assets according to divorce laws. However, legal advice should be sought to clarify specific circumstances and ensure legal protection.