New Thai Passport

[HermantheGerman]

My wife needs to get a new passport. Should she leave her maiden name on it or put my last name on it.
We own some property in Thailand. I have heard (5 years ago) that she should stick with her maiden name, so that there won't be any difficulties with owning a property.
Any advice or experience with this matter? Thanks.

[NickA]

^I think it has to have the same name as on her Thai ID card.

[Thetyim]

^ and legally she should have changed to her married name

[blackgang]

My wife had her ID card changed the day we registered and then had her Passport changed and changed the name on her bank accounts and everything else.

[NickA]

^I think legally they have to change everything in a certain time limit (20 days???), including the house book and ID, which they have to use to get anything else, including passport.

[DrAndy]

yes, it is a pain but does not make any difference to her owning property, she will still have her Thai ID

my wife changed her name on her passport, so the Uk name is the same as mine

then they told her she must change her name on her ID etc etc, lots of little trips to the offices

but it does make life easier when getting my name on the land deeds, which makes me more secure

[friscofrankie]

To make new or renew a passport, the passport regulation need I.D. card of the applicant and importantly name+last name must be the same as be appeared in the house registration.

About the right of owning property, your wife has the right as Thai nationality but when she married - - her husband has also get the right to share the property together except they make agreement not to share them at all...in Thai we called "sin som ros" means property for both which gain after marriage and must be shared when they divorce.
another called "sin kon som ros" means property before married which each must stated in the memorandum of marriage wont to be shared forever.

P.S. this answer by Mrs. FF.

[NickA]

P.S. this answer by Mrs. FF.

I thought your English had improved

[friscofrankie]

If you concerned about the last name, pls. discuss with your wife which one she prefers the most.
The law said "the woman who married by registration must change from Miss to Mrs. only but the last name can be chosen between using old last name or using husband's last name"

I recommend let consider for your convenience and best benefit!!

P.S. the last replied by Mrs. FF.

[El Gibbon]

Can't wait for William to opine on this one....

Used to be that a Thai lost her (not his) property rights upon marriage to a foreigner. I think it was changed to allow up to a certain parcel size that she could own.

Have no actual experience here but seems like something to check with a Thai lawyer.

E. G.

[Thetyim]

^ I will go with what Mrs FF says, she is clued up on this subject

[Norton]

My understanding is that either current or married last name can be used as FF says. Oddly though once the Mrs is added it cannot be changed back to Miss regardless of marital status.

[Bobcock]

^ and legally she should have changed to her married name

Not true when my wife did hers.

She changed the status to married, but they do not have to adopt their married name on their passport.

[Thetyim]

Not true when my wife did hers.

My wife was told she had to change her name within a limited time.
looks like the amphur were wrong

[Fabian]

Now the woman can keep her maiden name.

[HermantheGerman]

Now the woman can keep her maiden name.

More details please Fabian.

Let me add a few notes:

*We got officially married about 6 years ago in Germany. (had of course a sanuk wedding in Thailand too).
*We told the Thai Embassy in Germany about my wifes new status.
*We changed her passport at the Thai Embassy in Germany to my name.
*.....stupid me lost my wifes passport.
*We applied for a new passport at the Thai Embassy in Germany.
*....stupid Thais at the Embassy put her maiden name on the new Passport.
*Went to Thailand and renewed my wifes ID card with the her maiden name.
*Bought property in Thailand and my wifes maiden name was put on there. (my daughters name was also put on the document)
*Going to Thailand Nov. 2007 on vacation, my wifes passport is expireing soon.
*Planning on renewing her passport in Thailand (if possible) with which name?

My real concern is, will we have any drawbacks if we change the property document with a farang name. This is not about me trusting my wife. It's about Thai law and all the knuckleheads working in higher places.


Thank you for your replies !

[William]

Now the woman can keep her maiden name.

More details please Fabian.

There was a Supreme Court Case here in 2000[I think] the judgment of which was that women no longer needed to change their names (also Mrs/Ms).

Interestingly, a case is now before the Supreme Court as to whether you can change the sex on your birth certificate (e.g., from male to female)

[William]

My real concern is, will we have any drawbacks if we change the property document with a farang name. This is not about me trusting my wife. It's about Thai law and all the knuckleheads working in higher places.

Herman, if I understand your question right, the answer is here:

2 Thai spouse/child
Prior to 2001, any Thai [female] national who married a foreigner automatically lost her right to own land in Thailand. A number of reasons for this Draconian law were advanced, but the truth of the matter can be located in Section 1470 of the CCC, which stipulates that all property acquired after a marriage, under Thai law, is the common property of the husband and wife (minus any pre-nuptial agreement). As foreigners were not allowed to own land in Thailand, to avoid them having a common interest in land, neither were their spouses (and, it is worth noting, the wording used is spouse; thus, in theory, the law applied equally to Thai husbands with foreign wives. But, as the Thai husband was not required to change his surname, whereas the wife was (under Thai law in place at that time), the authorities rarely knew he was married to a foreigner).

Following the publication of the Notification of the Ministry of Interior re Application for the Acquisition of Land by Thai National Who Has or Used to Have Alien Spouse and Juvenile Child of Alien Who Has Thai Nationality (published on 4 October 2001) this prohibition was lifted and Thai spouses of foreign nationals are now allowed to own land provided that the foreign spouse confirms in writing that all of the money used to purchase the land belongs to the Thai national spouse and that the foreign spouse has no claim over this money or the property as a common property of the marriage. As a result, foreigners married to Thais, or with half-Thai children, can use them as a vehicle to own land, provided that they accept they have no interest or claim over the land. Nevertheless, as mentioned above, under Section 93 of the Land Code, they can be named as heirs under a lawful will.

source: https://teakdoor.com/doing-things-leg...-thailand.html (So you want to own property in Thailand?)

[HermantheGerman]

My real concern is, will we have any drawbacks if we change the property document with a farang name. This is not about me trusting my wife. It's about Thai law and all the knuckleheads working in higher places.

Herman, if I understand your question right, the answer is here:

2 Thai spouse/child
Prior to 2001, any Thai [female] national who married a foreigner automatically lost her right to own land in Thailand. A number of reasons for this Draconian law were advanced, but the truth of the matter can be located in Section 1470 of the CCC, which stipulates that all property acquired after a marriage, under Thai law, is the common property of the husband and wife (minus any pre-nuptial agreement). As foreigners were not allowed to own land in Thailand, to avoid them having a common interest in land, neither were their spouses (and, it is worth noting, the wording used is spouse; thus, in theory, the law applied equally to Thai husbands with foreign wives. But, as the Thai husband was not required to change his surname, whereas the wife was (under Thai law in place at that time), the authorities rarely knew he was married to a foreigner).

Following the publication of the Notification of the Ministry of Interior re Application for the Acquisition of Land by Thai National Who Has or Used to Have Alien Spouse and Juvenile Child of Alien Who Has Thai Nationality (published on 4 October 2001) this prohibition was lifted and Thai spouses of foreign nationals are now allowed to own land provided that the foreign spouse confirms in writing that all of the money used to purchase the land belongs to the Thai national spouse and that the foreign spouse has no claim over this money or the property as a common property of the marriage. As a result, foreigners married to Thais, or with half-Thai children, can use them as a vehicle to own land, provided that they accept they have no interest or claim over the land. Nevertheless, as mentioned above, under Section 93 of the Land Code, they can be named as heirs under a lawful will.

source: https://teakdoor.com/doing-things-leg...-thailand.html (So you want to own property in Thailand?)

That's it ! Thank you William.

[Fabian]

Or to say it in a shorter way: You don't have to fear anything. But you should expect a lot of paperwork: Get new ID, get new passport, get Aufenthaltserlaubnis (residence permit) transferred to new passport...