Marital home and division of the house in a divorce

Real estate ownership in an foreign/ Thai marriage

As it is strictly prohibited for foreign nationals to own land in Thailand it has long been illegal for a Thai national married to a foreigner to acquire land because a foreign spouse would obtain ownership in land in Thailand through matrimonial laws (property between husband and wife). It is only since a Ministry of Interior regulation dated March 23, 1999 that it is allowed for a Thai national married to a foreigner to purchase land but the land must become a non-marital property. The regulation requires a strict procedure to prevent the land from becoming a joint or martrimonial property between husband and wife. In the procedure it must be confirmed that all money paid for the property is personal property of the Thai spouse and not a common property between husband and wife or money from the foreign spouse. Only in this case the land officer is allowed to register ownership of land on the name of a Thai national married to a foreigner.

Protect your rights in a real estate owned by a Thai spouse

Real estate ownership by a Thai national married to a foreigner

When you registered a property (land and house) in your Thai spouse's name during your marriage you may have thought about a form of personal protection in the form of a usufruct to protect your interest in case of divorce or in the event your Thai spouse would predecease you. However, you may not be familiar with the right of usufruct in Thailand as it is a typical Civil Law property right and you may also not be aware what your rights and obligations under a right of usufruct are.

Thai marriage and marital property

Personal property jointly owned common property

THAI MARRIAGE LAWS specify that property belonging to either spouse before the marriage and khongman (section 1437) remains personal property during the marriage, and each spouse shall remain the sole manager of his or her personal property (Section 1473).

Section 1472: 'if personal property during the marriage has been exchanged for other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall remain personal property (Sin Suan Tua)'.

Land owned as a personal property of a Thai spouse

Thailand land acquisition by a Thai national married to a foreigner

FOREIGNERS married to a Thai national can't own land in Thailand, but the land department does allow a Thai national married to a foreigner to own land after a joint statement together with his or her foreign spouse or proof that the money expended on the land is personal property of the Thai spouse (read up on the procedure). This effectively means that the land (and in practice often land and house and in some cases condominium) is purchased as a personal property of the Thai spouse and not becomes a marital or jointly owned property between husband and wife (Sin Somros). The foreign spouse has therefore no claim to the property and the Thai spouse has the right to sell, mortgage, transfer or exchange the property without consent of the foreign spouse.

A foreigner married to a Thai national is under the Civil and Commercial Code a statutory heir of the Thai spouse (Inheritance Laws CCC ). The Land Code Act also that a foreign national can inherit land as a statutory heir with permission of the Minister of Interior. The Thailand Land Code Act also states that it is prohibited for foreigners to own land, except if there is a treaty allowing a foreigner to own land. How does this in practice work?

Administration of a foreigner's estate in Thailand on death

Foreigners can but do not have to make a separate Last Will for Thailand as foreign wills are enforceable in Thailand. Unless the foreigner is a resident or has his/her habitual residence in Thailand, owns real estate or is married to a Thai national there is no specific need for foreigners to make a separate Last Will and Testament for assets in Thailand or a Thai Will with the same content as a the Last Will made by the foreigner in his home country. 

Divorce grounds under Thai law

A Thai divorce formally terminate a marriage and is the legal ending of a marriage.

DIVORCE IN THAILAND means the dissolution of a marriage by the judgment of a court on one of the 12 grounds for divorce as listed in Section 1516 of the Civil and Commercial Code or by the Amphur (local municipality office) in Thailand upon a joint request and mutual consent by husband and wife. The Amphur or Amphoe is the district government administrative office (in Bangkok these offices are also called ‘Khet’). The district offices are responsible for marriage registrations and have the authority to again dissolve a marriage in case of a divorce on mutual consent.