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A critical view on Thai property law Do not get duped, conned misled or ill-advised in Thailand. Street smart Thai law for expats by real lawyers with real experience.
A critical view on Thai property law Do not get duped, conned misled or ill-advised in Thailand. Street smart Thai law for expats by real lawyers with real experience.
A THAI NATIONAL who has a foreign spouse and who would like to legally acquire land in Thailand must prove that the money used on the purchase is personal property and sign a letter of confirmation signed together with the foreign spouse in front of the competent official certifying that the spending on land is separate personal property (Sin Suan Tua) of the Thai spouse and not a personal property of the foreign spouse, or common (sin som ros) marital asset between the spouses.
The regulation and procedure is aimed at preventing that the acquisition of land by the Thai spouse would create co-ownership in land together with the foreign spouse based on Thai family laws 'assets between husband and wife', and it is in addition aimed at preventing that a Thai spouse would act as the owner of land on behalf of the foreign spouse.
The Thailand Land Department issued in 2009 the following information on the procedure for the letter of confirmation under the regulation 'acquisition of land by a Thai national married to a foreigner'. The explanation by the Land Department was given following earlier remarks made by the Director General of the Land Department which was published as 'land purchase through Thai spouse forbidden' read article...
The proceedings of certify letters are as follows: |
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| 1. | In case a foreign spouse lives in Thailand: | |
| 1.1 In case a foreign is a legally spouse, a Thai and a foreign 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 a foreigner is an illegally spouse, a Thai and a foreign 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 foreign spouse lives in Thailand but could not proceed according to No.1: In case a foreign spouse lives in Thailand but in the date of registration a foreigner could not give written confirmation together with a Thai in front of the competent officer at the registration land office. A Thai and a foreign 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 a foreign spouse lives in oversea and could not lodge the application of testimony form according to No.1 and No.2. The foreigner has to contacts the embassy, consular or notary public for giving testimony of the foreign 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 foreign 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 a foreign 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 foreign spouse prior to the date of issuing letter of Ministry of Interior, Urgent No. MOI 0710/Circulation 792 dated 23 March B.E. 2542. A foreign 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 a foreign 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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DOWNLOAD: THAI ENGLISH PDF DOCUMENT ISSUED BY LAND DEPARTMENT OF THAILAND |
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