Owning Real-Estate in Thai Spouse’s Name: Part I
Similar to almost all countries in the world, foreigners can not own land or real-estate in Thailand in their own name, even got married with Thai people. But, there is exception. Foreigners who married to a Thai national can buy real estate in Thailand but the Land Department will only allow transfer of ownership of the land to the Thai national who is married to a foreigner after a joint statement ‘letter of confirmation’ by the couple stating that the money expended on the land is personal property of the Thai spouse and not a ‘Sin Somros’ or matrimonial property between husband and wife (refer to section 1472 of Civil and Commercial Code, the land will in this case become a personal property of the Thai spouse). The requirement is based on a regulation issued by the Ministry of Interior in 1999.
Under the Land Code Act, a foreigner got married to Thai national would not be allowed to joint ownership in land with his or her Thai spouse in Thailand. In practice, whether there is land or land and house, will be registered in Thai spouses name as a personal property, not a joint marital property between husband and wife.
Property Management between Husband and Wife
Section 1476 of the Civil and Commercial Code declare that there are certain legal acts with regards to jointly owned immovable properties between husband and wife must be jointly managed by husband and wife, however, a prenuptial agreement which need to be made correctly prior to the marriage may grant sole management of jointly owned property between husband and wife to one of the spouses. Without a prenuptial agreement, real estate which is jointly owned must be jointly managed by the spouses. But, in case that one of the spouses is a foreigner, the land can not become a jointly owned matrimonial property between husband and wife. Also, the law requires that the land becomes a personal property of the Thai spouse, and then it will be managed by the Thai spouse, irrespective any prenuptial agreement. For instant, the Thai spouse can sell the property without the consent of the foreign spouse. In case there is the immovable property, control over each others personal property, can not be arranged in a prenuptial agreement.
However, foreigners can protect their interest in the property by entering into a separate usufruct agreement with their Thai spouse, or a Right of Superficies, in case of undeveloped land. Secondly, it is only the land aspect of the property that is restricted for foreign ownership, not the building or structure upon on the land or real estate as a whole. Although this is not commonly done, foreigners are allowed to have joint ownership over the structure upon the land with their Thai spouse, or even sole ownership over the building built upon the land. But, this will become a matrimonial property which requires joint management by both spouses in case of registered joint ownership over the house. This prevents sole management over the property as a whole of Thai spouse.
To be continued…
Related Posts
- Owning Real-Estate in Thai Spouse’s Name: Part II
- Legal Information for Ones Considering Buying Property in Thailand
- How to Own Land in Thailand?
- Real Estate Attorney’s Roles
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Tags: code act, husband and wife, immovable properties, legal acts, letter of confirmation, matrimonial property, ministry of interior, prenuptial agreement, sole management, transfer of ownership