กฏหมายไทย isn’t simple

Street smart Thai law for expats by real lawyers with real experience.

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For foreigners a work permit is the key to working legally in Thailand.

Foreigners who intend to work in Thailand are subject to the Foreign Employment Law. Under the provisions of this Act a foreigner cannot perform any work or service unless a work permit has been issued by the Foreign Employment Division of the Labour Department and Social Welfare Ministry, UNLESS the individual or the work performed falls within an exception to the Act (e.g. volunteer work, movie extras).

Family Law in Thailand

logo samuiforsaleFAMILY LAW in Thailand is primarily codified in the Civil and Commercial Code. The legal system of Family Law in Thailand is based on the European Civil Law system with main influences from the French Civil Law. In Civil Law the general rule is codified and works from the top general written law down. Thai law is not made by judges or by judicial decisions based on custom and precedent (as in common law), but in practice it is impossible to understand Civil Law without also taking into account relevant decisions of courts. In practice it is often difficult to understand the specifics of written laws without also taking into account previous court rulings and relevant Supreme Court judgments and opinions on specific sections or elements of the law applied.

A court or judge can in any case not rule in conflict with the Civil and Commercial Code. The main collection of Family Laws Thailand can be found in the Civil and Commercial Code (Book 5). Below the relevant section of the Thailand Civil and Commercial Code with links to relevant family law related sections (a full index of the Thailand civil and commercial code can be found here...):

Thai legal text

Practical legal knowledge for foreigners in Thailand:

Marriage in Thailand

Couples wanting to formalize their relationship in Thailand must enter into a civil marriage. Thai law does not recognize same sex marriages, common law or 'de facto' marriages or Buddhist marriages. Only when the marriage is officially registered and entered into the marriage register a marriage is created. A marriage in Thailand cannot take place if the man or woman is already the spouse of another person (section 1452). Bigamy (marrying one person while still legally married to another) is a criminal offense under the Penal Code (section 137 'giving false information to a government official conducting the marriage and registration') (read more...).

Real estate ownership by a Thai married to a foreigner

Marriage with a foreigner (under Thai or foreign law) does affect the right of a Thai national to own property in Thailand. Prior to 1999 Thais married to a foreigner lost the right to legally purchase and own land in Thailand (or any real estate property prohibited for foreign ownership). Currently a Thai married to a foreigner is allowed to register ownership in property in Thailand, but a legal procedure is required (read more...).

Prenuptial agreements in Thailand

A prenuptial agreement is recognized in section 1465 of the Civil and Commercial Code. A Thai prenuptial agreement is a formal agreement made before the official marriage in Thailand and governs the financial relations between the prospective husband and wife as regards to their properties. The legal requirements which determine the validity of the prenuptial is also found in the Civil and Commercial Code (read more...)

Divorce in Thailand

A divorce in Thailand formal or the legal ending of a marriage. A divorce in Thailand means the dissolution of a marriage by the judgment of a court on the grounds for divorce given in the Civil and Commercial Code under the chapter 'termination of marriage' or a divorce on request by both the husband and wife by the Amphur or municipality in Thailand. The amphur or amphoe is the district government administrative office (read more...)

Inheritance laws in Thailand

Foreigners’ right on properties acquired by inheritance and foreigners right to dispose of property by succession. If a person dies his assets can be transferred either by will or through inheritance and succession laws (where the deceased has failed to execute a valid will). If a person has not made a will his/her wishes may not necessarily be carried out. Foreigners with assets in Thailand should be aware of limitations of transferring interests and ownership by inheritance in Thailand (read more...)

Family related

Real property acquisition by a Thai married to a foreigner

When a Thai national married to a foreigner requests ownership registration of land in Thailand the Land Department must ensure that the land becomes a personal (non-marital) asset of the Thai spouse only. The Land Department will ask from the foreign and Thai spouse a joint declaration that the money expended on the land (or land and house) belongs to the Thai spouse's personal assets, and therefore (under Thai laws governing property of husband and wife) will remain a personal (non-marital) asset of the Thai spouse after the purchase (pursuant to section 1472 Civil and Commercial Code).

When a nominee land ownership is put in place both parties risk being fined and jailed.

Thai land laws prohibit foreigners from owning land in Thailand but also makes it illegal for Thai nationals to act as an agent or a proxy nominee owner of the land on behalf of a foreigner (section 96 Land Code Act). When the Thai national is acting as the agent of the foreigner the actual owner is legally under Thai law considered the foreigner (leading to illegal foreign land ownership). You could use the same section to argue that it is forbidden for Thai companies to hold the land on behalf foreign nationals, but with property holding companies the main additional issue is that the Thai shareholders hold the shares in the company on behalf of the foreigner, the actual owner of the shares is legally considered the foreigner and therefore the company deemed foreign (leading to illegal foreign land ownership).

Land laws

  • Section 96 Land Code Act: 'When it appears that any person (including a juristic person) has acquired land as the owner in place of an alien or juristic person under the provisions of Section 97 and 98, the Director-General shall have the authority to dispose of such land and the provisions of Section 94 shall apply mutatis mutandis'.
  • Section 113 Land Code Act: 'Any person who acquires land as an agent of an alien or juristic person under the provisions of Section 97 or 98 shall be punished with a fine not exceeding twenty thousand baht or an imprisonment not exceeding two years, or both'.

Practical

A structure that sometimes is put in place is that a foreigner loans money to Thai to buy land, and in consideration for the financial loan the Thai national rents the land back to the foreigner under a 30 year land lease agreement whereby rent is set-off against payment of interest on the loan. The legal restriction in this setup is that the Thai may not be deemed the agent of or nominee owner on behalf of the foreigner. When the Thai national can’t be seen as the freehold owner this structure becomes illegal - continue Land Department info...

Note: freehold owner could be defined as the person with the right to sell, mortgage, transfer or exchange the property, and/or to exclude others from doing these things. The Thai national must have the title to the property, to the exclusion of the foreigner. The Thai must have the right to dispose of the property. The foreigner may have an interest in the property through a lease or usufruct but he will not obtain the title to the property.

In any lease structure there are tax liabilities for the Thai land owner. Income or assessed income derived from a lease is taxed as personal income for the Thai individual.

Section 74 Land Code Act

If there is reason to believe that a Thai national is purchasing land on behalf of an alien the land office must interrogate the parties and could refuse transfer of land to the Thai national (section 74 Land Code Act). For this reason, if a nominee structure is put in place, transferring land to the Thai national and at the same time registering rights for the benefit of a foreigner (a real estate lease or usufruct) is usually not done on the same day but usually several weeks later.

Section 74: '.... ..... if there is reason to believe the recording of such rights and legal acts is in evasion of the law or there is reason to believe the purchaser is purchasing on behalf of an alien, instructions shall be asked of the Minister whose word shall be final'.

Actual and nominee owner

What does it legally mean under Thai law when land is purchased by a Thai on behalf of a foreigner?

Under Thai supreme court judgement (e.g. Scj. 2690/2538), when a foreigner owns land through a Thai national who acts as the agent or owner on behalf of the foreigner and who appears as the registered owner of the land, then such transaction/ agreement is void (illegal) but the acquisition of the land by the foreigner (considered the 'principal' or true owner) is still effective, and as the real owner the foreigner must dispose the land within a period of time fixed by the Director General of Land Department. The foreigner must receive the proceeds from the sale of the land.

Nominee practice example

Land registration in a Thai girlfriend's name

A foreigner bought land and had title deed issued in Thai girlfriend's name. Later, the girlfriend applied for a mortgage and tried to use the land as collateral, but the Land office refused to allow this because she did not submit the original title deed with her application. The Thai girlfriend claimed that the foreigner had the possession of the land title deed and applied for a replacement land title deed to be issued to replace the original deed. The foreigner requested the Land Office not to issue a replacement title deed.

The Land Department considered both applications and delivered the following response;

  • The foreigner's application for the Land Office to deny issue to Thai girlfriend of a replacement title deed is believed to express his intention to prevent her from distributing, selling or transferring the land, or using it to borrow money or as collateral for debt repayment. In this case it must be deemed that the Thai girlfriend has acquired the land under section 96 of the Land Code, but as the owner in place of the foreigner, which contravenes section 113 of the Code.
  • In doing so she has provided false information to government officers, which contravenes section 137 of the Penal Code, making her liable, if found guilty, to a term of up to six months in jail or a fine of 1,000 baht, or both. She has also contravened section 267 of the Penal Code, which carries a penalty of up to three years in jail and/or a fine of 6,000 baht. (read Penal Code).
  • The foreigner has acquired land by means that contravene section 86 of the Land Code, and so has committed an offense aiding and abetting the commission of an offense under section 111 of the Land Code, which carries a penalty of two-thirds of that of the offense itself.
  • The Land Department ordered the local Land Office to file a complaint with the Inquiry Officer (the relevant legal authority) and take legal steps against both the foreigner and the Thai girlfriend.
  • The Land Office was also ordered to inform the foreigner that he must dispose of the land within one year of receiving official notice to do so. If the foreigner fails to dispose of the land within the time given, the Director-General of the Land Department is authorized to dispose of the land and retain a fee of 5% of the sale price before any deductions or taxes.

The Land Office must inform the foreigner and the Thai girlfriend of the following;

  1. The person who is to be registered as the new owner of the land - including an person the foreigner consents to selling the land to – must be a person who can lawfully possess the land;
  2. The sale price of the land must be fixed by the foreigner, and the foreigner must be the recipient of the money;
  3. As the person in whose name the land is registered, the Thai girlfriend's duty will be to manage the disposal of the land. But she will not be involved in selecting the recipient.

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Thai spouse and nominee

A Thai national who is married to a foreigner can also be deemed an illegal nominee acting on behalf of the foreign spouse (read article...), but he or she is not a nominee for land ownership if the correct legal procedure for the acquisition of land by a Thai national married to a foreigner has been followed read more...

Information issued by the Land Department on this subject

Source: Department of Lands

Enforcement and Punishment Measures in Land Holding as an Agent for a foreigner

If it appears the fact last that there is the threat of land holding as an agent for a foreigner, the measures to the land disposal and the offender punishment shall be enforced as follows;

  1. Measures on land by enforcement to dispose of the land in accordance with legal procedures. Under Section 94 and 96 of the Land Code, stipulate the regulation when it appears that person who obtained the land as an agent for a foreigner or foreign entity or foreigner who obtained the land illegitimately, he/she shall dispose of such land in the portion of his/her possession within the period of time specified by the Director-General of the Department of Lands which shall be not less than one hundred eighty days and not more than one year. The Director-General shall have the power to dispose of such land if time limit elapses.
  2. Measures on individuals with criminal offense and to be punished in accordance with laws. In the case of applying for land registration as an agent for a foreigner, there will be a criminal offense as follows;

2.1

 Offenses against the Criminal Code Section 267 due to information the competent official to recode false statement in the official documents shall be subject to punishment with an imprisonment of not exceeding three years or a fine of not exceeding 6,000 Baht or both.
2.2 Offenses against the Land Code. The alien who commits the offenses under the Land Code Section 111, due to the acquisition of land illegitimately; shall be subject to punishment with a fine of not exceeding 20,000 Baht or an imprisonment of not exceeding two years or both. Juristic person who commits the offense under the Land Code Section 112, or Section 113 in case of Thai people; due to the acquisition of land as the agent for a foreigner or foreign entity shall be subject to punishment with a fine of not exceeding 20,000 Baht or imprisonment of not exceeding two years or both.

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Two Legal Myths Foreigners in Thailand Should Know

Myth 1: You Always Need a Thai Will

Foreigners are often told they must draft a Thai will if they own property or assets in Thailand. While it’s a widely repeated suggestion, especially by law firms or developers, it’s not always necessary, and in some cases, it can even complicate your estate planning.

If you already have a valid will in your home country, and your assets in Thailand are clearly covered, you may not need a Thai will at all. In fact, if your foreign will has already been probated in your home country, the process of executing it in Thailand is often more straightforward than going through the full probate process locally for a Thai will. All that’s required is proper legalization and translation of the foreign probate judgment.

In contrast, a Thai will, especially one drafted in Thai only and signed by a foreigner, can lead to problems. Thai courts require that the testator understands the language of the document. A Thai-only will signed by someone who cannot read Thai may be considered invalid.

There are also coordination risks. If your foreign will doesn't explicitly exclude Thai assets, it may override the Thai one entirely. In short: two wills can be worse than one unless carefully prepared.

Summary: A well-written foreign will that has gone through probate may be the best option. A Thai will is useful only in specific case and may not simplify things at all.

Example: Read our detailed sample case on condo inheritance and executor appointment for a real-world scenario.

Myth 2: 30+30+30-Year Lease Terms Are Legal in Thailand

This myth was widely promoted in tourist areas by property developers and foreign legal consultants, with Thai lawyers in the background, claiming that foreigners could sign 30-year leases with two automatic 30-year renewals,totaling 90 years. This concept was not only misleading but legally baseless.

The Thai Civil and Commercial Code (Section 540) clearly limits lease terms to 30 years, with one possible renewal of up to 30 years. Supreme Court judgments going back more than 15 years confirm that any additional automatic renewals beyond the first are not legally enforceable. Such renewals must be agreed upon again at the time they are to take effect and cannot be contractually guaranteed in advance.

Additionally, Land Office regulations regarding leases by foreigners further restrict the use of automatic renewals in registered leases. These authorities have long refused to register leases that attempt to include multiple guaranteed renewals, especially when they appear designed to circumvent ownership restrictions.

The so-called "landslide ruling" in a Phuket case, heavily promoted in 2024 and 2025 did not bring anything new to Thai law. Rather, it served to cover up years of misinformation and legal misrepresentation by firms and developers who knowingly sold these structures as if they conferred long-term security. The real legal situation has been consistently clear for decades.

Summary: There has never been a legal foundation for the 30+30+30-year lease model in Thailand. Any suggestion to the contrary misrepresents both the law and established court rulings.

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Conclusion

Legal reality in Thailand often differs from what’s promoted to foreigners in property brochures and law firm blogs. Whether it’s about estate planning or property rights, foreigners are best served by seeking factual, experience-based information instead of commercial reassurance. A healthy dose of skepticism is still the best legal protection.

Source Finding
Supreme Court 6763/1998 Renewal option not binding on successors, only a personal promise
Later Supreme Court rulings Confirmed renewal clauses are contractual, not lease rights
Land Office Refuses registration of pre-agreed renewal clauses; limits leases to 30 years