Welcome to Thailandblog.nl
With 275.000 visits per month, Thailandblog is the largest Thailand community in the Netherlands and Belgium.
Sign up for our free e-mail newsletter and stay informed!
Newsletter
Language setting
Rate Thai Baht
Sponsor
Latest comments
- Henk: I was on Koh Si Chang last January and the beach was being renovated. At least I hope so, the beach experience was something I liked
- Dominique: I am always amazed when a topic is started that is about money, and many readers go crazy. Do people really think that T
- Kris: Correct comment Cornelis. In extreme cases, you can even enter the country with your Dutch ID card. International passports d
- Paul glory: Usually book a 2 to 2.1/2 month. VTV, but look for a cheap direct flight or a one-time transfer with not too long a wait
- Glass : They do have a vision: Fill their own pockets, as quickly as possible.
- THNL: completely correct, probably valid for 6 months. When I went back to the Netherlands, the immigration officer told me
- Barry: Statistically speaking, it can be 2-4 months in advance, but that is now completely outdated. For certain periods
- RonnyLatYa: Not changed. It was never a requirement of Thailand that your passport had to be valid for 6 months when you leave the country.
- Jan: It is of course a difference whether you are looking for tickets for the high or low season.
- Josh M: I have read that there will be 3 different toilets in the new second room building. Man, woman and something in between, g
- Georgee: Through the company it is often not much more expensive. Search via Momondo. No travel insurance through the booking site. Have travel insurance b
- Elder Tiele: Koh Si Chang surprised us. It is a boat trip of about 1 hour from the pier, navigating between the large sea-going vessels that sail there
- Hugo: We are tempted to buy all kinds of gadgets and once we embrace them en masse (stupidly) we are exploited. Just like that
- Cornelis: It completely depends on ticket sales. Last week I found tickets for departure in mid-May, so 3 weeks in advance - no
- Cornelis: It is not correct that your Dutch passport must be valid for 6 months upon return to the Netherlands. As a Dutch person you even come with one
Sponsor
Bangkok again
Menu
DOSSIERS
Learning objectives and topics
- Background
- Activities
- Advertorial
- Diary
- Tax question
- Belgium question
- Sights
- Bizarre
- Buddhism
- Book reviews
- Column
- Corona crisis
- The Culture
- Diary
- Dating
- The week of
- Dossier
- To dive
- Economy
- A day in the life of…..
- Islands
- Food and drink
- Events and festivals
- Balloon Festival
- Bo Sang Umbrella Festival
- Buffalo races
- Chiang Mai Flower Festival
- Chinese New Year
- Full Moon Party
- Christmas
- Lotus Festival – Rub Bua
- Loy Krathong
- Naga Fireball Festival
- New Years Eve celebration
- Phi ta khon
- Phuket Vegetarian Festival
- Rocket festival – Bun Bang Fai
- Songkran – Thai New Year
- Fireworks Festival Pattaya
- Expats and retirees
- state pension
- Car insurance
- Banking
- Tax in the Netherlands
- Thailand tax
- Belgian Embassy
- Belgian tax authorities
- Proof of life
- DigiD
- emigrate
- To rent a house
- Buy a house
- In memoriam
- Income statement
- King's day
- Cost of living
- Dutch embassy
- Dutch government
- Dutch Association
- News
- Passing away
- Passport
- Retirement
- Drivers license
- Distributions
- Elections
- Insurance in general
- Visa
- work
- Hospital
- Health insurance
- Flora and fauna
- Photo of the week
- Gadgets
- Money and finance
- History
- Health
- Charities
- Hotels
- Looking at houses
- Isaan
- Khan Peter
- Koh Mook
- King Bhumibol
- Living in Thailand
- Reader Submission
- Reader call
- Reader tips
- Reader question
- Society
- marketplace
- Medical tourism
- Environment
- Nightlife
- News from the Netherlands and Belgium
- News from Thailand
- Entrepreneurs and companies
- Education
- Research
- Discover Thailand
- Opinions
- Remarkable
- Calls
- Floods 2011
- Floods 2012
- Floods 2013
- Floods 2014
- Winter prices
- Politics
- Poll
- Travel stories
- Travel
- Organizations
- Shopping
- Social media
- Spa & wellness
- Sport
- Cities
- Position of the week
- The beach
- Language
- For sale
- TEV procedure
- Thailand in general
- Thailand with children
- thai tips
- Thai massage
- Tourism
- Going out
- Currency – Thai Baht
- From the editors
- Real estate law; and
- Traffic and transport
- Visa Short Stay
- Long stay visa
- Visa question
- Flight tickets
- Question of the week
- Weather and climate
Sponsor
Disclaimer translations
Thailandblog uses machine translations in multiple languages. Use of translated information is at your own risk. We are not responsible for errors in translations.
Read our full here disclaimer.
Royalty
© Copyright Thailandblog 2024. All rights reserved. Unless stated otherwise, all rights to information (text, image, sound, video, etc.) that you find on this site rest with Thailandblog.nl and its authors (bloggers).
Whole or partial takeover, placement on other sites, reproduction in any other way and/or commercial use of this information is not permitted, unless express written permission has been granted by Thailandblog.
Linking and referring to the pages on this website is permitted.
Home » Reader question » Reader question: Does Thai woman lose right to own land after marrying a foreigner?
Dear readers,
I read somewhere that a Thai woman who is married to a foreigner and has the marriage officially registered in Thailand loses the right to own a house or land. Is this correct?
Greetings,
Bart
Where did you read that??
We got married in Thailand.
That marriage was registered in Thailand.
My wife has house and land in her name in Thailand.
Please state where you got this information from.
M.vr.gr.
As long as she has Thai nationality, she will also retain all Thai rights/obligations.
Marrying a foreigner does not change that.
If she gives up her nationality, it will of course be a different story.
As long as your wife has Thai nationality, she is allowed to own land and house.
It's all in the link below.
The Thai wife can own land provided (at some point) she bought it with her own money (this is not too strictly controlled, a statement 'it is my own money' is usually sufficient).
A second point is that the land remains the exclusive property of the woman alone, who can do everything with it herself: sell, lease, etc. without the husband's consent. It is and remains her private property and is therefore NEVER part of the matrimonial property that would otherwise have to be divided equally in the event of a divorce. She retains the land after a divorce, all other property purchased during the marriage is divided equally.
If I understand correctly, the land must be sold within a year of the death of the Thai wife, after which the surviving spouse can share in the proceeds according to inheritance law.
I think there are different rules for a Thai man married to a foreign woman, but I'm not sure.
https://www.samuiforsale.com/knowledge/land-ownership-and-thai-spouse.html
I found that great link too. If I understand correctly, a Thai can also buy land during marriage with a foreigner, as long as she does so with money/resources that she already owned before the marriage was concluded. After all, those funds/resources have never become part of the matrimonial community of property, so that it is 'logical' that the land purchased with them does not fall into that community either.
Where Tino uses the word (ever), this could cause confusion again, since it evokes an association with 'a very long time ago' in me. You might as well, or better, read there: (now or ever).
As far as I can remember, the law was changed so that if a Thai obtained another nationality, the Thai passport would have to be surrendered.
In this case there is no more land to buy by the ex-Thai after that.
However, if the Thai adopts another nationality and returns the Thai passport money there would be negative financial consequences, the Thai passport can be kept.
So the Thai continues with 2 nationalities,
Such a law has been in place for a while (less than 1-2 years?) but dual nationality has not been a problem for Thailand for many years. You may give up your nationality, but it is not an obligation. Strangely enough, there are still many old stories going around, even among Thai officials, and then you get ghost stories that a Thai should not have multiple nationality. Nonsense, for example there are plenty of famous Thais with multiple nationalities. From the Netherlands' perspective, multiple nationality is a problem with exceptions such as "married to BP of that nationality" and "disproportionate financial consequences if nationality were lost (related to inheritance law, among other things)".
And since a Thai, like other Thais, can simply buy land, a house, etc., there is no problem with purchasing land. As Tino indicates, they want a statement that the purchase was made with money from the Thai. I suspect purely to emphasize that someone without Thai nationality would not be able to claim (for example after the death of the owner).
Both topics (nationality and land ownership) have been discussed separately here and elsewhere, I couldn't suppress a small smile when I saw the question. I wonder if we will ever get rid of the Indian stories and “a cousin of an acquaintance of my Thai partner's girlfriend's neighbor says that”. 555
Maybe you confuse it with Indonesia because you are not allowed to own land there if you are married to a foreigner.
Nonsense, Only a foreigner cannot own land (Only with a Thai Company of which the foreigner has a maximum 49% share and at least 2 Thais the other 51%). Wish they would also introduce that in the Netherlands.
If the land was acquired from her before the marriage, she will keep that land, provided she can prove that the money used to buy the land did not come from her husband.
Only as the wife of a foreigner, she may not buy land during the marriage. It happens sometimes, but it's illegal. So watch out in that respect, the land can be taken away by the state.
You can probably get around it by gifting the money to your future's parents and they'll pass it on to their daughter to buy that piece of land. (premarital). Even then this is no longer possible during the marriage.
Look at the following site:
https://www.samuiforsale.com/knowledge/land-ownership-and-thai-spouse.html
It does not state at all that she is not allowed to buy land if she is married to a foreigner. There must only be a statement from both partners that this purchase is made in the personal name of the wife and is not part of the common property. That's all.
Just like Tino wrote before. Same site by the way.
I have been married to a Thai for 5 years and last September we bought (paid together) a house in my wife's name, with a usufruct agreement for me. At the land office we had to sign a form together that the money for this belongs to my wife. So I would like a mention where I can read that this is not the case.
Sounds exactly what you're saying.
Here the form:
.
https://www.samuiforsale.com/other-miscellaneous/land-purchase-letter-of-confirmation.html
.
This joint statement goes on to say: 'In this case it is not the Land Department's policy to investigate the actual sources of funds.'
In other words: legally, what you have stated together applies, the actual situation is not important. It may sound a bit strange, but it is very common and it is called a 'legal fiction' where any evidence to the contrary is not honored. Just like the tax authorities who assume that you make a 4% return on your savings.
Completely agree. I also had to sign a form certifying that all monies used to purchase Dr LAND come ONLY from my wife. Afterwards I also received a usufruct that must be stated on the chanot.
Just a small addition, March 23, 1999 the law was amended so that a Thai married to a foreigner can own land and house.
That used to be the case, but the highest court in Thailand has called it discrimination and that rule has been inoperative for years.
Indeed, that a Thai married to a foreigner could not buy land has been the case for a while, but after the crisis of 1998 this has changed.
It does not state at all that she is not allowed to buy land if she is married to a foreigner. There must only be a statement from both partners that this purchase is made in the personal name of the wife and is not part of the common property. That's all.
Just like Tino wrote before. Same site by the way.
After marrying my Thai wife, we bought some land. A
Thai married to a foreigner can calmly buy land.
Only her husband has to sign with the municipality for permission.
+Rob, the Farang husband must issue/sign a statement that it is her own money and not a financial contribution from the Farang. If it is discovered that the Farang, and therefore his wife, have lied, you can guess what the consequences are.
The declaration at the land office must be signed by both. It does not matter who owns the money for the purchase. In the event of a divorce, the foreigner cannot claim anything. Signing the declaration has been created for this purpose. Scaremongering will get you nowhere.
In the past it was indeed not possible for a Thai person who was married to a foreigner to buy land. In fact, she lost all her civil rights. For example, she could no longer vote, but she retained her Thai nationality. If she wanted a passport, she had to provide a statement of her finances or a statement that the Farang husband took her to his country. My daughter was even born without a nationality, you had to request. In my case this took a year and a half. Fortunately, everything has now changed and the wife and children have and receive the same rights as any other Thai, married or not. I believe this was done during the reign of Anand, the best Prime Minister Thailand has ever had.
The declaration at the land office must be signed by both. It does not matter who owns the money for the purchase. In the event of a divorce, the foreigner cannot claim anything. Signing the declaration has been created for this purpose. Scaremongering will get you nowhere.