How can I legally purchase property for a Thai spouse?
Having read the recent article in the Gazette about foreigners not being allowed to use their spouses to purchase property, [Phuket Gazette, May 31, “Land chief warns foreigners against buying land using Thai nominees”] I’m left wondering how it is possible for me to buy my wife a house here in Thailand?
In the country where we were married, the law of the land states that all of the money we have is now “our” money, rather than simply mine or hers.
Given this state of affairs and this apparent new legislation, is it now impossible for us to purchase a house in Thailand?
Graham Rance,Singapore/UK
Friday, June 5, 2009 3:43:00 PM
“As your wife is a Thai national, of course she is able to purchase property here in Thailand. If she has her own account, but doesn’t have the necessary funds, then you cannot use her as a nominee and use your own money. Such an action would see your land title revoked.
Should you decide to move forward and purchase a property together using funds from a joint bank account established either inside or outside of the Kingdom, you and your wife will have to sign an agreement stating that the house lawfully belongs to her.
In the event of a divorce, you waive all rights to a share of the property.
Under Thai law, marrying a Thai national does not grant you an entitlement to property accrued during your marriage.
The only way for a foreign national to purchase property in Thailand is to do so under the condominium 40% rule, which allows foreign nationals the right to own a total of two fifths of the floor space of a condominium development.
In summary, you and your wife may purchase a house in Thailand, but it can only be registered in her name. Should you divorce, you will be entitled to nothing.
For more information on all property-related laws, contact the Phuket Provincial Land Office at 36 Damrong Road, Muang, Phuket 83000. T: 076-212103 F: 076-212103.”
