A Thai national married to a foreigner (either by lawful marriage or unlawful marriage) may accept land as a gift or purchase and own land in his or her own name.
Land ownership by a Thai national married to a foreigner
Land may not become part of a co- or marital ownership between the foreign and Thai spouse. The land must be excluded from any joint marital property regime and foreign ownership claim. Ownership or joint ownership by the foreign spouse is illegal under the Land Code Act of Thailand.
To register land in the spouse’s name at the Land Office the Thai spouse has to show evidence that all money expended is personal property according to sections 1471 and 1472 Civil and Commercial Code (the section in the Civil and Commercial Code that specifies ‘property between husband and wife’), or; both the Thai national and his/her foreign spouse must present themselves at the Land Department to confirm in a ‘Letter of Confirmation’ that all money paid for the property is personal property and not a community property between husband and wife. It is not the Land Department’s policy to investigate the sources of funds.
Should the Thai spouse not disclose the marriage to the land official (i.e. no letter of confirmation is signed) and register ownership over land with money from the foreign spouse the transaction is not according to the regulation. A Thai spouse may not act as a nominee owner on behalf of the foreign spouse.
Any foreigner’s minor having Thai nationality may purchase or accept land as a gift with no consideration and register the ownership of such land if it does not appear after investigation that he/she has done so to avoid the law (primarily aimed at tax laws).
In the news
Following statements (June 2009) made by the director-general of the Thai government’s Land Department regarding Thai spouses being used as nominee land owners on behalf of foreign husbands some doubt has raised among Thai/ foreigner couples in Thailand who bought land in Thailand. Is their Thai spouse’s land ownership still legal or do they risk having the title deeds revoked.
- Read this article in blog-post
The Land Department clarified the legal procedure in a new article on their website ‘Suggestion and principle for acquisition of land by a Thai who has a foreign (alien) Spouse’.
The following information is supplied by the Land Department:
A Thai who has an alien spouse and would like to purchase land has with the alien spouse to confirm in a certify letter that the spending on land is separate property (sin suan tua) or personal asset of the foreign spouse.
The proceeding of certify letters are as follows:
1. In case an alien spouse lives in Thailand:
1.1 In case an alien is a legally spouse, a Thai and an alien spouse have to give joint confirmation in certify letter according to the forms which were specified by the Department of Lands in front of the competent officer in the date of registration of rights and juristic act that the spending on land is sin suan tau of a Thai not sin som ros of the spouse.
1.2 In case an alien is an illegally spouse, a Thai and an alien spouse have to give joint confirmation in certify letter according to the forms which were specified by the Department of Lands in front of the competent officer in the date of registration of rights and juristic act that the spending on land is personal asset of a Thai only not common property.
2. In case an alien spouse lives in Thailand but could not proceed according to No.1: In case an alien spouse lives in Thailand but in the date of registration an alien could not give written confirmation together with a Thai in front of the competent officer at the registration land office. A Thai and an alien spouse shall lodge the application of testimony form for confirming that the spending on land is sin suan tau or personal asset of only a Thai not sin som ros or common property by lodging the application to the competent officer at provincial land office or any branch land office.
3. In case an alien spouse lives in oversea: n case an alien spouse lives in oversea and could not lodge the application of testimony form according to No.1 and No.2. An alien has to contacts the embassy, consular or notary public for giving testimony of an alien spouse in certify letter according to the forms which were specified by the Department of Lands that the spending on land is sin suan tau or personal asset of a Thai not sin som ros or common property one. The embassy, consular or notary public has to certify that person, who applies for certify letter, is truly spouse or they live together as husband and wife with a Thai. After, a Thai who would like to purchase land shall bring original of certify letter to the competent officer for registration of rights and juristic act accordingly.
4. In case a Thai who has legal or illegal alien spouse, if a Thai could show the evidence indicates that the spending on land is sin suan tau or personal asset according to section 1471 and section 1472 of The Civil and Commercial Code, the competent officer could registers rights and juristic act for a Thai without testimony form of Thai nationality and an alien spouse according No.1 – No.3.
5. In case a Thai, who has alien spouse, purchased land before 23 March B.E. 2542 but informed or submitted a false document declaring that he/she is single. For relaxation of rule to a Thai, who has legal or illegal alien spouse, purchased or owned land after the date of marriage. And a Thai informed or submitted a false document to the competent officer declaring that he/she is single or a Thai has no alien spouse prior to the date of issuing letter of Ministry of Interior, Urgent No. MOI 0710/Circulation 792 dated 23 March B.E. 2542. An alien spouse and a Thai shall together give a written confirmation in certify letter in front of the competent officer that the spending on land is sin suan tau or personal asset of only a Thai not sin som ros or common property one. After, the competent officer retains documents in dealing file. If an alien spouse who lives oversea and could not give written confirmation together in front of the competent officer, an alien has to contacts the embassy, consular or notary public for giving testimony of an alien spouse in certify letter according to the forms which were specified by the Department of Lands that the spending on land is sin suan tau or personal asset of a Thai not sin som ros or common property one. The embassy, consular or notary public has to certify that person, who applies the certify letter, is truly spouse or they live together as husband and wife with a Thai. After, a Thai who would like to purchase land shall bring original of certify letter to the competent officer for retaining documents in dealing file.
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(Sample content land office ‘Letter of Confirmation’)
Letter of Confirmation
At:……………………………….
Date:…………. Month ………………………. Year…………..
I, Mr./ Mrs………………………………. and Mr./ Mrs…………………………. are registered/ unregistered both spouses. We together confirm that the money which Mr./ Mrs………….. ………………………….. shall expend on the purchase of land title deed/ N.S.3 K/ N.S 3 no………………… … …………… Sub-district…… …. ……………District……………………………………………. Province……………………………. or Condominium Unit no……… Floor……………….. Name of the Condominium…………………………… Sub-district…………………………………… District…………………………………. … Province……………………………….. …………… is wholly Suan Tun or the personal property of Mr./ Mrs…………………………………….. alone, not Sin Som Ros or the matrimonial property between husband and wife.
(Signature)………………………….. Certified spouse
(Signature)………………………….. Certified spouse
(Signature)………………………….. Witness
(Signature)………………………….. Witness
This agreement is made in the presence of ………………………. Competent Official
Can you clarify the consequences of paragraph 3 “…the transaction is not according to the regulation”. Does that mean the land has to be given back to the previous owner and he has to give the money back when the foreign spouse denies to sign the letter of confirmation? When does a Thai spouse act as a nominee when the missing letter of confirmation is not enough proof?
I hope you can give me an answer on that.
Kind regards
Ingo S.
In my opinion if no letter of confirmation has been signed
1 If the land is financed with money that is under Thai law regarded as personal property of the foreign husband, then the Thai spouse acts as his nominee. The land has to be sold within a period not exceeding 1 year.
2 If the land has been financed with money that is regarded as common property between husband and wife under Thai law it would lead to illegal land co-ownership by the foreign spouse. The land must be sold.
3 If the land is financed with money belonging to the Thai spouse as personal property under Thai marriage laws, there is no problem that there is no confirmation letter, as long as she can proof it is personal property.