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Home » Reader question » Reader question: Can I buy a house in Thailand in my name or both names?
Dear readers,
I have questions about plans to live in Thailand.
Now have a Thai girlfriend, but if I buy a house on a resort for 2 million Bath, I want the house in my name or in both. And not as you read that it only comes to her name.
How should I act, does anyone have any advice?
Yours faithfully,
Geertjan
This question has been discussed a few times on this blog. The answer is very short and sweet: NO.
There are people on this blog who claim that all kinds of legal constructions (leases, short-circuiting things through wills, contracts with your Thai partner and her family) yield the same result as legal ownership. I'm quite sure that - if shit comes up later - the foreigner who wants part of his invested money back will NOT get the right from the judge. After all: the basic rule in this country that no company, no land and no real estate may be owned by foreigners (with the exception of Americans). All kinds of constructions to avoid this rule will be regarded by the court as evasion of the law.
The law even says that if the Thai woman cannot prove that she could pay for a house herself (and therefore received financial support from a foreigner), the property can be forfeited.
You have to be very sure about your girlfriend before you spend 2 million. A house in your name is tricky. There are 'ways' but gaps are being closed all the time. Moreover, once the relationship is over, the government can confiscate all the real estate because the money for the purchase has not been provided by it.
There are some very good law firms here, including Siam Legal, who can help you further.
But again.. think before you leap.
Success!
I know a Dutchman who has provided his partner with a mortgage (on paper) via the lawyer/notary. According to him, he can claim the arrears of interest and mortgage in the event of a divorce. In practice, this would mean that in the event of a divorce, she would have to sell the house in order to pay him.
Whether that will really cut wood, I don't know.
Furthermore, all payments you make for the house, materials etc. record of your moves as well as proof of payments.
Trust in each other is good, but I have already seen too many farang stripped and disillusioned return to their homeland.
The house in your name is no problem, but the land in your name is impossible in Thailand. Via a 'company' is nowadays an impassable road. You can lease your girlfriend's land for 30 years. Better is a 'usufruct', a lease on your life and possibly co-signing children or other persons. But all this remains a risk. I've written it so many times on this blog: renting is better.
Dear Gertjan.
What I never understand here is that they are always afraid of losing their money.
Because they are not sure about their wife\girlfriend.
Now how can you build a close real relationship with this attitude?
I have everything in my wife's name, that's called trust, even in the Netherlands there are many who get the short end of the stick after a divorce.
Of course I don't know how long you've been in a relationship, but I have 15 years.
And have complete confidence in her.
Good luck.
Harry
Dear Harry, You've been together for 15 years, that's easy to talk and then point the finger at someone. Is an essential difference, 15 years together or just having a Thai girlfriend. There are enough benevolent ones who have lost everything, so a little caution seems completely in order! It has nothing to do with trust at all. As Chris already mentioned, when push comes to shove you get wet, nice hee 2 million bht gone.
Moderator: Only reply to the reader's question.
I use the following setup.
The land is rented for thirty years for a nominal amount, with the possibility of renewal.
The house is in my name, but apart from the land it has no economic value.
At my death the house will pass to my heirs.
I am satisfied with this construction.
A lease for thirty years is possible, but the extension after thirty years cannot be legally enforced under Thai law. So that 30+30+30 is actually a myth.
best tjamuk.
Marriages don't always stand the test of time. That has nothing to do with trust (in the beginning of the relationship). In the Netherlands I was married for 19 years (on marital terms). At the divorce we split everything neatly 50-50 (as we agreed when we got married). If I buy a house here in the name of my Thai wife and get a divorce after 19 years, I will have nothing. Just a matter of legal rules.
You don't make rules with anyone for the times when everything is going well. You make them for when things go wrong. And then those rules must be crystal clear.
Hi Everyone ,
I often read on this block that many Dutch people want to have a house built,
or buy and then he asks if he can put the house in his name .
But Sir , the very first thing you ask if you want to build a House ,
or Buy , it's up to your Girlfriend , She knows very well how it works
to build or buy a House. And then I read Renting is also possible, but one
Thai Woman does not fall for that . In the Netherlands when you get married you rent a house,
and maybe later you will buy, but why have a house built right away,
or buy? I know enough Thai Girls/Women who like to be with a foreigner
wants to live together and also in a rented house. Yes, that must be due to the Thai culture,
do we Dutch have no culture?
MVG…..Roland.
I just put everything in my wife's name. (10 years ago)
No more money put into it than I'm willing to lose if things go wrong.
But if it goes wrong, it's for her and that's fine.
no fuss about division after divorce. My money is mine and the house is hers.
Clarity for both I would say and made on a trust basis.
Dear Kees
Completely agree with you. We also bought a house 18 years ago.
everything in the name of Pon, no problem at all. If things go wrong, it's on her.
I wouldn't want it any other way. And we don't have the problem of money distribution either
Wand we have no money. Every disadvantage has its advantage, I think
I understand that you are a bit careful in the beginning of a relationship.
Partly because of all those stories that are doing the rounds.
Although I always have a little trouble with it. I see it as a matter of distrust of your partner. Everything revolves around money. Move heaven and earth
To get that house in your name in God's name. If things go wrong
That they don't have a penny left over.
I don't think it's really a good place to start. If that's what you're afraid of.
Then rent something for the first few years. It seems to me that you can reasonably talk about this with your partner. But who am I
With kind regards, Kees
That's right Kees1, Everything revolves around money here. In most cases, that is true. Stories abound of farang who have lost everything and everything and are now wandering the streets of Pattaya, Chiangmai, Bangkok and elsewhere like a zombie.
It took me over five years to find a woman who wasn't after money. I am now very happily married to Na.
She had her own house, what we would call a pigsty, just to name an example, there was an old motorbike in the living room with a mouse nest.
We have refurbished everything and now a dream home with 2500 meters of land. And yes, with her I dare to put everything in her name. Absolutely not with all the other mieps that have been reviewed here. No matter how sweet they were in the beginning.
Moderator: Please respond to the reader's question.
The law even says that if the Thai woman cannot prove that she could pay for a house herself (and therefore received financial support from a foreigner), the property can be forfeited. And this is already happening in Bangkok.
That's the truth. I've been living in Thailand for a long time and it's just not possible for a non-Thai to buy a house and land..
In fact, if a Thai woman buys a house with money financed by a Farang, that farang has to sign a statement with the bank that finances it that the money for repayment does not come from him.
But yeah that's a joke, as long as they don't check you.
Thailand changes every day deposit cards are already being sent for speed checks fines that you then have to pay by post. In addition, if you have a benefit from NL, for example aow or uvw, the Dutch tax authorities can tax the house even if you are married if assets. For Dutch law, man and woman are one. Minister Kamp has already announced that and the tax authorities are already sending letters to Dutch people abroad whether he or his wife own a house.
And there is even a reward set up by the state of Thailand that whoever can prove that the Thai bought the house with money from the farang, that tipster gets 20% of what it's worth and then the state confiscates it.
So it remains gambling and all other stories about constructions etc I refer to fabeltjeskrant.
Hi Kees.
Completely agree with you, if things go wrong, ex and child are not out in the cold.
But what I don't understand is that there are always people on the blog who immediately start talking about Thai women being badass {don't say them directly but mean it}
But when you start a relationship you don't start with the idea if things go wrong.
Do you also start your relationship with previous women [Dutch] with this idea?
kind regards .Harry
Harry, in the Netherlands a law change is in the pipeline that makes prenuptial agreements superfluous. Each partner keeps what he or she brings to the marriage (provided you update it annually). In the Netherlands, one in three marriages also fail and you don't want to experience the financial disasters that this entails.
So also in Thailand you have to be on the safe side, no matter how much you love each other. Especially in a country with a completely different culture when it comes to making connections.
I have been married twice in the Netherlands on prenuptial agreements. The second time saved me from a financial disaster. After all, for two marriages that do not end, there is one that does end up on the rocks.
Only a response to the reader's question, please. The questioner is not asking for moralizing advice!
Comments that do not answer the reader's question will not be posted.
Every time this sandwich monkey story pops up again. Americans are also not allowed to own land in Thailand. Check it out carefully. And I can't place the sentence about forfeiting after eight years in Thailand either. I've never seen it in the regulations.
I would arrange it differently.
Borrow the amount from the bank and only pay interest.
And you then lock that money up for 2 years so that you end up at zero
If there is suddenly a problem you still have your money 😉
I have been coming to Thailand for business since 1993. Read a lot on blogs including thaivisa.com (in English). No, a foreigner can NEVER own land in Thailand.
Dealing with a lawsuit involving allegedly Thai-owned shares for more than two years. Eventually those Thais found out, and wanted to have a share of the property of that company, because.. it is forbidden by LAW, that Thais only hold shares for the foreigner. Result: 51% of the share value + dividend over all those years could be paid out. So also the construction via a Co. Ltd. is not watertight despite all the stories of brokers and lawyers.
Everything in the name of the Thai girlfriend / wife is nice, as long as the relationship continues. Relationship ended = lost money. 30 year lease, and.. quarrel = hell in TH.
In a relationship with a Dutch woman, I know that my right - in community of property or prenuptial agreement - will always exist.
In TH you can be happy, if you can take your clothes with you, ask Karel Noe from Belgium living in Pattaya. Officially married in Belgium, child of 7 and 1 and returns from Chiang Mai to discover that his wife was married that day in Pattaya. Everything gone: two houses (including my household effects including my wife's clothes, my measurements were clearly too big, so in a plastic bag for the fence), restaurant, car rental company, parquet import.
On the other hand: together with my Thai business relation I own the condo she uses since 2006. She recently sold the lot in consultation and returned 50%, including the now higher value, to me. There is no letter on paper.
Hi geertjan
I bought land 7 years ago, and I did this with a company.
It is true that 51% must be on Thai people, but I am a director and 49% owner.
And the Thais sign the papers, but they also sign the sale of the shares at the same time.
So if there are problems with them, I sell the shares to other Thai people who don't make a fuss.
This with the help of a friend who has lived here for 20 years.
He had a reliable lawyer and a good office that arranged everything.
If I have any advice or problems I will be helped very well
And I only pay the costs for the declaration and advertisement and the tax
I'm now far done with building I do everything myself with a small group of Burmese (sorry I really don't want Thai employees they can't match the Burmese)
And I don't have a relationship with a Thai girlfriend
And I file a proper tax return every year and I have no problems with anything
So it can only cost you a little more, but you do have the certainty that your girlfriend will not steal your house
I do know that there are people here who sell the nonsense if your girlfriend is not trusted then blah blah blah (but with money hardly anyone can be trusted and certainly not Thai almost it's always about money)
But I always say what you don't do in your own country, you shouldn't do here either
Are you going to buy a house in the Netherlands and put your girlfriend's name right away
I do not think so .
They don't say divorce is suffering for nothing.
What idiot is going to put a house in another man's name and hope they don't throw you out
You have to see it this way, they can never get 2 million baht together so easily
Sitting down with a farang like a blue Monday
You can also buy a booklet that explains how things are going.
I've only seen it in English.
The title was How to buy land and (or make)house in thailand.
I lent it out and never saw it again.
But it's a good tool
If you want the address of the office, let me know
Good luck with your house purchase
Ground lease and house in your own name. That's the best solution. Otherwise you can lose everything.
In all other cases, everything belongs to 51% of your Thai girlfriend and in the event of a breakup, the majority owner gets the say over your property.
Study Thai property law on the internet before taking any action.
Good luck!!
Hi Hurm, Where and with which authority do you arrange this? We have land in my wife's name and I want to build a house for us on it. Thanks in advance for your information.
Jan
Put it in her name, but immediately take a say 30-40 year lease in your name, it goes wrong, she can't sell it.
What I don't read here is that it is possible that your name can also be in the chanot if you are officially married under Thai law.
That has happened with us, which gives me the right of 50% and my wife 50%.
I can never do anything without her signature and she can never do anything with my signature….
@m.mali, We got married in Bangkok without a specific marriage contract. If point three is on our contract: Neither party wants any bond of assets. Everything was made official in Belgium and at a Belgian notary our contract was changed in the sense that my possessions are my property and that the acquisitions during our marriage belong to both of us. There was no mention of my wife's property in Thailand. Is this what you mean by both names mentioned in a chanot?
Thanks in advance for your information. What steps should then be taken?
Greetings,
Jan
To Harry Bongers,
I too am a bit shocked by the distrust shown in many of the relationships mentioned! My wife lived with me in Belgium for three years. From the first day she threw herself into the Dutch language like a “fury”! Already after six months she took a preparatory course of caring for non-native speakers. After those six months she started the actual course of caring together with Dutch-speaking students! on 31/10 she got her diploma! She is 47 years old and was always the oldest in the class….. I am so proud of her! She can now get started and already has an offer that can start from January 2014. Everything has proven how she was willing to do everything for a further happy life together by my side. The decision we are now making together has taken a different turn. A turn she certainly wasn't expecting. How can I take better care of her than to take a step for HER future myself now. We're going to build a house on her property over there. I am a lot older than her and will probably die first… against my will of course! She will stay behind, but in the meantime she will have a survivor's pension and a house with which she will be able to do well for the rest of her life. In the meantime, I don't have to wait every day for her to come home after work and we have the opportunity to do things together all the time to undertake….. Enjoying our once-ending future together. Everyone has to decide for themselves what their relationship is worth! I have been happy with her for years now and she with me! Suspicion doesn't fit in there, which isn't to say you shouldn't be careful. My wife has proven to be made of the right cloth. I got to meet her and she met me. Nice balance isn't it? I wish it to you all!
Greetings,
Jan
Contract of 30 years on paper, serves no purpose, after 2 to 3 days you walk away yourself, they bring their entire family, sleep in your bathroom, in your living room on the terrace in the kitchen, etc., police are there, identity cards are checked and conclusion: “Can not do nothing Family !” where are you with your 30 years, just check what awaits you if your wife dies first.
Perhaps you should buy and reread the new reissue of that booklet, setting up a company for the sole purpose of setting up a loophole to own land as a foreigner is illegal in Thailand and has been dealt with in recent years.
In Thailand I have a good friend who, like me, lives there for a few months pr yr. He was married to a Thai lady for 3 years until 30 years ago!!! Together had div. properties in BKK, large villa near Rayong, nice car and 2 condos. His wife came from a real hiso family. Unfortunately, she passed away quite suddenly 3 years ago. Result for him : still owned 1 condo (was in his name) and with great difficulty his car that he could “hide”.. So in other words. You have no security. He was married for 30 years. Her family from BKK is well off. And yet they have 'stolen' everything. They had no children, otherwise another consolation that it is for the children
Hey everyone,
All true, some relationships can handle it, some can't. And all those stories that it can only go wrong in Thailand are of course nonsense, in the Netherlands, England, you name it, the same goes wrong as the ladies want. Why do you think that people in the Netherlands now want to change the law so that a marriage will be married on “nuptial agreements” as standard?
I have thought about that, I have a great relationship, and they understand very well that it is just as nice to buy a nice apartment “foreign name”. And furthermore I am happy to give her a bank card and credit card, but here in Thailand you should never tie the cat to the bacon. Can only lead to new thoughts!
Good luck with your decision,
G
Moderator: Reply to the reader's question.
Moderator: Responding to a reader question with a counter question is not allowed.
Dear Rob,
You now have a company, probably an LTD. in the company you are building a house.
The government has said they view this construction as illegal. They are now working (especially in tourist areas) to check all these types of constructions.
A company produces or trades in products. If the objective is only management for their own use, they see this as illegal and all those people receive an additional claim for the value of the property + a fine because they do not have a work permit.
Siam now has Thailand, THE LAND OF THE THAI.
This still does not drink through in some farangs.
They come up with all kinds of (own) rules.
There is nothing else to do but buy land in the name of a Thai, build a house according to your own wishes and then a rental (lease) contract of 2 times 30 years. (after that you don't live anymore)
Or become American. (they can buy land).
greetings Nico
This is the last time I respond to the nonsense story that Americans are allowed to own land in Thailand. Just read: http://www.bangkok-attorney.com/us-citizens-and-property-in-thailand.html
-in amsterdam city center also the ground lease still exists.
why do some falangs think that thai still live in the stone age??
In the Netherlands you buy a house through a notary.
In Thailand you need a lawyer and registration with the country office.
first live together rented, then lease land as a falang and build a simple house.
Moreover, the problem is that it is not always clear who owns the land.
I have a 15-year relationship that ends, but I think that the loss of the simple house after 10 years is just about regrettable.
Can't understand how an experienced blogger from TB doesn't know this. While it has been featured extensively on this blog
I assume you are aware of what tb previously published about this. It is really not a sandwich monkey story. The Thai government really forfeits the land if it can be shown that it was obtained under false pretexts. For example, a Thai beauty earns a maximum of 9000 th bath per month. Her lover from Europe gives her 20.000 baht every month to pay off the house. But the bank says before the Thai gets a loan, show that you earn so much and so much from your boss to pay off the loan.
What does that woman who goes to her boss do, gives him an x amount, for example 10.000 bath and he gives her a statement that she does not receive 9000 bath pm but 19.000 bath
Then the bank says okay, she earns enough, we provide her with a credit. And so the case is cheated. Until the farang says es doen mich lait i go. Then the monkeys are done.
I mean and speak from experience.
The simplest thing is to buy an apartment, condo, which is perfect in your name, draw up a will here in Thailand that will go to your Thai wife or girlfriend when you die… No problem and everyone is happy.
Still find it strange that there is no response whatsoever to the fact that your name can also be in the channot if you are officially married to a Thai.
Have you never thought of that or is nobody officially married, so this is a good solution for your problem of whether or not to buy a house with your Thai wife?