Thread: Illegal to Use Thai Spouse in Land Ownership

A nice quiet evening in with a copy of civil and commercial code might be in order for this guy.

Originally Posted by MustavaMond

Mr Anuwat was speaking of Phuket Governor Wichai Phraisa-ngop, who served as Land Office director in Nakhon Pathom in 1997

Note 1997, it seems he doesnt know what happened on March 23rd 1999.....

No.Mor.Thor 0710/Vor.792

'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 spouse 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 by Thai laws) of such Thai.
Without written confirmation from an alien spouse, the request for such registration must be referred to the Land Department in order to obtain an approval from the Minister.

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'

Further to that, the following document is also signed, many of our members have signed it no doubt, it looks something not dissimilar to this:

Letter of Confirmation

At:.....................................

Date:............. Month ............................ Year..............

I, Mr./ Mrs..................................... and Mr./ Mrs...............................

are registered/ unregistered both spouses. We together confirm that the money which Mr./ Mrs.............. ................................ shall expend on the purchase of land title deed/ N.S.3 K/ N.S 3 no..................... ... ............... Sub-district...... .... ...............District........................... ......................... Province.................................. or Condominium Unit no......... Floor.................... Name of the Condominium................................. Sub-district.......................................... District........................................ ... Province...................................... ............... is wholly Suan Tun or the personal property of Mr./ Mrs............................................ alone, not Sin Som Ros or the matrimonial property between husband and wife.

(Signature)................................ Certified spouse

(Signature)................................ Certified spouse

(Signature)................................ Witness

(Signature)................................ Witness

This agreement is made in the presence of ............................ Competent Official

So its clear that under current thai law a farangs spouse can hold land legally and it would appear that this guy is making a prize tit out of himself

My understanding the foreign husband has to sign a waiver dropping all claims to the property. I could be wrong.

Spin beat me to it in a much more thorough post.

This law has always been there but if they do start to enforce it, it could become a serious international issue and will damage Thailand poor reputation even more at a critical time as the country moves into recession.

This is the problem when the PAD “HiSo” elite gets into power they fear any competition especially foreign ownership: little dark skined Mrs Buriram must not have a nicer house than the pale skinned Mrs Ching.

However the anomaly that upset the status quo was Thaksin and somehow, though I hate to say it, his return would be a welcome to compare with the current shit that is running the country.

Butterfly and his followers will now hopefully see the light and that Abhisit is not the economic golden boy or a fan of the farang.

I recall it was Thaksin who started the enforcement of the old land ownership rules. This is the man who owns half of Chiang Mai province.

Originally Posted by gjbkk

This law has always been there but if they do start to enforce it, it could become a serious international issue and will damage Thailand poor reputation even more at a critical time as the country moves into recession

since when has that worried them?

Originally Posted by Begbie

My understanding the foreign husband has to sign a waiver dropping all claims to the property.

That's what I had to do

I have done exactly this on many occassions and all you have to do is sign a disclaimer saying the money was my wifes and the only reason they questioned her is because our kids have my surname.

What's all this commotion about and if someone is questioned they will just have to fill out one of these forms.

As far as buying properties and through a shelf company with Thai nominees then that is a big no-no.

Originally Posted by Begbie

I recall it was Thaksin who started the enforcement of the old land ownership rules. This is the man who owns half of Chiang Mai province.

And he is Chinese Thai!

RENT RENT

Why consider buying when they will change the rules later on

I've warned against this in previous years & was shouted down by people in 'the know'. I was told that it would never happen.

Here we go with amazing Thailand. Land of Scams.

Who on earth would want to invest in the property market - with all the imbalances? It's so incredibly risky.

Originally Posted by Begbie

I recall it was Thaksin who started the enforcement of the old land ownership rules. This is the man who owns half of Chiang Mai province.

I have no doubt he did so if he had to compete with any foreign competitor but there was a lot of dirty play going on in those days with some of the Thai media blaming Thaksin for many things. One I recall was the 0% on a farang bank account that was introduced by Siam Commercial and then Bangkok Bank with the others following.

Thaksin’s government was blamed but it was really the banks decision.

In no way I am defending Thaksin but the point I was trying to put over was that Convicted Fugitive Republican Bad Man Shinawatra seems a lesser evil.

if they investigated all thais who own land and an house provided by a farang in thailand, and confiscated same:

there would not be a bargirl or her family with an house, farm, car, or herd of buffalo left in in isaan!



illegal to own land paid for by farang?
would cause huge problems initially, but if the law applies only from this point onwards, i think it we would not have to listen to as many "i lost everything i ever owned" sobstories.
i think i'm all for it!

Originally Posted by Begbie

My understanding the foreign husband has to sign a waiver dropping all claims to the property. I could be wrong.

Spin beat me to it in a much more thorough post.

correct.

can't remember the wording, but something like the land is not considered as marital property.