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Guide to Land in Thailand with a Thai Spouse: Legal Requirements and Tips
02/03/2023
Due to strict ownership laws, owning land in Thailand as a foreigner is generally impossible. A popular choice for foreigners is to gain an interest in land by marrying a Thai national. Thai nationals have the right to purchase and own land in their name, but can a foreigner be a co-owner of this land?
This blog post will explore the legal requirements and essential tips for owning land in Thailand with a Thai spouse.
Key points
- It is not ordinarily possible for foreigners to own land in their name in Thailand.
- Thai nationals married to a foreigner can own land.
- Foreign nationals who are the lawful heir to inherit land can do so but are required to sell the land within one year of the acquisition of the land.
Can foreigners own land in Thailand?
Unfortunately, it is not ordinarily possible for foreigners to own land in their name in Thailand (certain exceptions are outside the scope of this article).
However, Thailand has no restrictions relating to nationality when buying/selling a condo; therefore, foreigners can buy and own a condo unit.
While foreigners can purchase a Condo, Thai law states that foreigners may only own 49% of a single condo development. This means that foreign ownership in the development cannot exceed 49% of the total area of all condo units. If you want to buy a condo, it is best to check with the development’s jurisdiction office and ensure the building has not reached the foreign ownership quota.
However, there are no restrictions on the number of condominium units a foreigner can buy. Foreigners can buy condominium units either off-plan (new project or development) or secondhand. Foreigners are free to resell any condos they have purchased at any time.
Can Thai nationals married to foreigners own land in Thailand?
Yes, this is possible. The Department of Lands will permit a Thai national married to a foreigner to own land after receiving a signed letter of certification from the foreign spouse stating that;
- the money used to purchase the land is the personal property of the Thai national and
- The land will not become the personal property of the foreign spouse or common marital assets.
Thailand has only legally permitted Thai spouses to acquire and own land in Thailand since 1999. Before this, a Thai national married to a foreigner could not own land due to the previous legislation unintentionally enabling foreigners to acquire an interest in the land as a marital asset.
Please note there are risks associated with registering land ownership in the Thai spouse’s name. Risks include:
- The foreigner having no claim to the property and
- The Thai spouse has the right to sell, mortgage, exchange or transfer the property without the consent of the foreign spouse.
What is the procedure for a Thai national married to a foreigner to purchase land?
When acquiring and registering land, the Thai spouse must satisfy the following requirements:
- Prove that all the money paid is personal property (Sin Suan Tua) in accordance with section 1471 and section 1472 of the Civil and Commercial Code.
- Section 1471 – Sin Suan Tua consists of property belonging to either spouse before marriage, property for personal use, dress or ornament suitable for stations in life, or tools necessary for carrying on the profession of either spouse, property acquired by either spouse during marriage through a will or gift and engagement gift (Khongman)
- Section 1472 – As regards to Sin Suan Tua, if it has been exchanged to another property, the other property has been bought or money has been acquired from selling it, such property or money acquired shall be Sin Suan Tua. Where the Sin Suan Tua has been totally or partly destroyed but replaced by other property or money, such other property shall be Sin Suan Tua.
- Provide a letter of confirmation at the Department of Lands local or provincial office that all money paid for the property is the personal property of the Thai spouse and not a common property (Sin Som Ros) between the wife and husband.
How can a foreigner protect their land benefits in the event of divorce?
Unfortunately, some marriages don’t last, resulting in the couple getting divorced. While divorce may not happen, it is best to consider the possible forms of protection available to foreigners to protect their interest in the land.
Examples include:
- If the foreigner pays for the house, they can have it registered in their name.
- Register a long-term lease (up to 30 years).
- Register a usufruct.
- Obtain a right of superficies.
For more information, please take a look at our blog post here.
Can a foreigner inherit land from their Thai spouse?
A foreigner married to a Thai national is considered a statutory heir in Thai law.
As per section 93 of the Land Code Act, the Ministry of Interior shall allow a foreign national who is a lawful heir to inherit the land. However, the foreigner cannot register land ownership with the Land Department.
Ater, the Thai national spouse, has passed away, the foreigner cannot register ownership of the land inherited from the deceased spouse. In such a situation, the foreigner is required to sell the land within one year from the acquisition of the land, as per section 94 of the Land Code Act.
Can foreigners inherit a condo?
Yes, foreign heirs can register ownership of a condominium. However, the registration must not exceed the foreign ownership quota, which is 49%. Thai law states that foreigners may only own 49% of a single condo development. Essentially, this means that foreign ownership in the development cannot exceed 49% of the total area of all condo units.
Eligible foreigners include:
- Aliens permitted to have a residence in the kingdom under the Immigration Law
- Aliens permitted to enter the kingdom under the investment promotion law
- Juristic persons as provided in sections 97 and 98 of the Land Code and registered as juristic persons under the Thai law
- Juristic persons who are aliens under the Announcement of the National Executive Council No.281 dated November 24, B.E. 2515, and have obtained promotion certificates under the investment promotion law
- Aliens or juristic persons are regarded by law as aliens who have brought foreign currency into the kingdom or withdraw money from a Thai baht account of the person who has a residence outside the kingdom or withdraw money from a foreign currency account.
Foreigners who do not satisfy the conditions listed above are required to notify in writing the local or provincial land office within 60 days and sell the condominium unit within not more than one year of the date of acquiring ownership of the condominium by inheritance.
Should the foreigner fail to provide this written notice, the Director-General of the Department of Lands has the authority to sell the unit on the foreigner’s behalf.
How can Belaws help?
For more information about how our experts can help you purchase land or property in Thailand, why not talk to one of our experts now?
This article is for information purposes only and does not constitute legal advice.
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Frequently asked questions
Can foreigners own land in Thailand?
Foreigners cannot own land in Thailand, but they can buy and own a condo unit. However, foreign ownership in a single condo development is limited to 49%. There are no restrictions on the number of condo units a foreigner can buy and resell.
Can Thai nationals married to foreigners own land in Thailand?
Thai nationals married to foreigners can own land in Thailand if they provide a signed letter of certification from the foreign spouse. However, there are risks associated with registering land ownership in the Thai spouse’s name, such as the foreigner having no claim to the property and the Thai spouse having the right to sell or transfer the property without the foreign spouse’s consent.
How can a Thai person married to a foreigner buy land in Thailand?
To acquire and register land, a Thai spouse married to a foreigner must prove that the money paid is personal property (Sin Suan Tua) and not common property (Sin Som Ros) between the couple. This includes providing a letter of confirmation to the local or provincial office of the Department of Lands. The Sin Suan Tua includes property acquired before or during marriage, personal use items, and gifts. Section 1472 states that if Sin Suan Tua is exchanged or sold for other property, the new property will also be considered Sin Suan Tua.
What can a foreigner do to protect their land benefits in case of divorce in Thailand?
To protect their interest in the land, foreigners in Thailand can consider options such as registering the house in their name if they pay for it, registering a long-term lease for up to 30 years, obtaining a usufruct, or obtaining a right of superficies.
Can a foreigner inherit land from their Thai spouse?
Yes, a foreigner married to a Thai national can inherit land from their spouse, but they cannot register ownership of the land with the Land Department. Instead, they are required to sell the land within one year from the acquisition of the land as per the Land Code Act.
Can foreigners inherit a condo?
Yes, foreign heirs can inherit a condo in Thailand, but the registration must not exceed the foreign ownership quota, which is 49%. Eligible foreigners include those permitted to have a residence in Thailand under the Immigration Law or Investment Promotion Law, and juristic persons registered under Thai law or with promotion certificates. Foreigners who do not satisfy the eligibility conditions must notify the local or provincial land office within 60 days and sell the condo within one year of acquiring ownership by inheritance.
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