A foreigner is not allowed to have co-ownership in land together with his or her Thai spouse.

Since the letter of the Ministry of Interior (most urgent No. Mo 0710/vor 792 dated 23 March 1999) it is allowed for a Thai national married to a foreigner to acquire land. Prior to the regulation this was prohibited. The land and in some cases a condominium unit MUST become a personal property of the Thai spouse. The land may not become a personal property of the foreign spouse or common property between husband and wife based based on Thai Family Laws 'property between husband and wife' (Civil and Commercial Code).

The procedure for the acquisition of land by Thais having spouses being aliens, either by lawful marriage (with proper registration of marriage) or unlawful marriage (without proper registration of marriage) and children of aliens have been changed to be as follows:

Any Thai having an alien spouse may purchase or accept land as a gift with no consideration and register the ownership of such land during marriage under the condition that the spouses must jointly provide a written legal confirmation stating that the entire source of funds for such purchase or gift is solely from the personal property (such as defined under Thai Family Laws) of such Thai. Without written confirmation letter as supplied and signed at the local land office from an alien and the Thai spouse, the request for such registration must be referred to the Land Department in order to obtain an approval from the Minister. If his/her spouse does not live in Thailand it can be recorded by ambassador or consular or notary public in such country.

Any alien'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.

For registration of land to a Thai national married to a foreigner proof is required that the money used to purchase the land is legally the Thai spouse's. In case of acquisition of land or in some cases condominium at the Land Department;

1. the Thai spouse has to show evidence that all money paid is a personal property (Sin Suan Tua) according to section 1471 and section 1472 of the Civil and Commercial Code, or;
2. that the Thai and his/her spouse must present themselves at the Land Office to confirm in a standard land office letter of confirmation that all money paid for the property is personal property (Sin Suan Tua) not a common property (Sin Som Ros).

The land will become a personal property of the Thai spouse and the Thai spouse will therefore be the sole manager of the property under the Civil and Commercial Code.

Read ups: 1 land office letter of confirmation procedure, 2 sample letter of confirmation, 3 protection options, 4 personal and management of jointly owned of assets

Inheritance of land or condominium by a foreign spouse as statutory heir

A foreign spouse married to a Thai is by law a statutory heir of the Thai spouse (inheritance section Civil and Commercial Code). As a statutory the foreigner can inherit land from the Thai spouse, however he is not able to register ownership under the Land Code Act.

The over fifty year old section 93 of the Land Code Act is subject to section 86 and refers to a time when it was possible for foreigners to own land under a treaty;

The last treaty was terminated in 1970 and there is currently no treaty with any country to allow any foreigner to acquire land as a statutory heir, and there is currently no other legal ground (like a Ministerial Regulation) allowing any foreign spouse either as inheritor under will or as statutory heir to own land in Thailand.

Under present law any foreigner spouse who acquires land from his spouse by inheritance will have to transfer the land within a reasonable period (meaning up to 1 year) to a Thai national.

A foreigner who acquires a condominium unit by inheritance either as statutory heir or inheritor under will shall automatically have an ownership in such unit, but he must qualify under section 19 of the Condominium Act to register ownership. If he does not qualify under section 19 or if he qualifies but his ownership would exceed the allowed 49% foreign ownership in the condominium building it is required by law that the unit shall be disposed of within 1 year from the date of acquisition of such condominium unit. If the foreigner fails to do so, the Director-General of Land Department shall have power to sell it on the foreigner's behalf.