Land purchase through Thai spouse forbidden

Ask here about the pleasures and pitfalls of buying, selling or renting property and real estate in Hua Hin. Building, design and construction topics welcome. Commercial or promotional posts for real estate companies or private properties are forbidden.
User avatar
Roel
Guru
Guru
Posts: 975
Joined: Tue Jun 26, 2007 10:21 am
Location: Phuket

Land purchase through Thai spouse forbidden

Post by Roel »

We are all living in 'the good old days' of the future.
User avatar
buksida
Moderator
Moderator
Posts: 23955
Joined: Tue Dec 31, 2002 12:25 pm
Location: south of sanity

Post by buksida »

“If the Thai spouse has enough money to buy the house that is fine, but if the Thai has no money and uses money given to him or her by a foreigner to acquire property, that is against the law. If we check and find out later that a Thai person has been using money from a foreigner to buy land anywhere in Thailand, we will revoke title deeds,”
That's tough talk, I wonder if Hua Hin will follow suit. I didn't realise it was actually illegal, I thought all the crap the alien had to sign at the land office covered the Thai spouse legally as the rightful owner.

Maybe the property gurus can shed some light ... or maybe its time to sell up and f'off, after all that's pretty much what they want!
Who is the happier man, he who has braved the storm of life and lived or he who has stayed securely on shore and merely existed? - Hunter S Thompson
poosmate
Ace
Ace
Posts: 1033
Joined: Sat Jun 12, 2004 7:30 pm
Location: hua hin

Post by poosmate »

I think if this can be implimented and used as law then it should be good news for anyone getting divorced - She was poor when we met......
I think this is an official trying to explain the land laws but not fully understanding family law re assets within a marriage. I also think that if the law is followed to the letter then any Thai who is left money by a foreigner would not be able to use it to buy land.?
No point giving your wife any money any more as it is against the law! :)
no more dePreston
User avatar
Spitfire
Addict
Addict
Posts: 5248
Joined: Thu Apr 10, 2008 1:17 pm
Location: Thailand

Post by Spitfire »

Yeah, it would be interesting to know if it is a blanket thing everywhere in Thailand or if it's up to the provincial authorities.

If true, then it's another case of government racism. This sort of stuff really does vindicate my reservations of spending/investing any money here at all. There is no consistancy here about anything. Any law/situation could be revoked/changed or brought into being at the drop of a hat.

How many "Constitutions" have they had in the last 40 years? 15-20? :shock:

Who knows what some pencil pushing prick behind a desk at some government department is dreaming up in order to justify their job's existance.

Well, really, where the hell did that come from about wives of foreigners cannot buy land if the money has come from the westerner. It's almost as if they don't want the Thai to have a good life either and are saying "Well, you were poor before you met him and you should remain poor and remember your place in Thai society." Maybe they don't like the idea of too many Thais getting a nudge up the ladder to a standard of living that is not compatable with or bypasses the Thai class structure rules as it's based on money.

The only money you should spend here is the money you can just throw away and not care about. This may well turn out to be nothing but then it's just waiting for the next one to come out of the Ministry of Good Ideas and Belligerence.

If I was a businessman with a some investment money then Thailand really wouldn't be a very attractive place to sink it.

They really don't want us here at all, that's why, at the moment, I just work here. The jury is still out on the retirement factor. Will have to see how it pans out over the next decade or so. Maybe they will have a decent government sometime and get their act together. OK, try not to laugh, just allowing myself a little hope.

However, when I hear stuff like this 'out of the blue' then I can hear alarm bells ringing.

:|
Resolve dissolves in alcohol
User avatar
buksida
Moderator
Moderator
Posts: 23955
Joined: Tue Dec 31, 2002 12:25 pm
Location: south of sanity

Post by buksida »

spitfire wrote:It's almost as if they don't want the Thai to have a good life either and are saying "Well, you were poor before you met him and you should remain poor and remember your place in Thai society." Maybe they don't like the idea of too many Thais getting a nudge up the ladder to a standard of living that is not compatable with or bypasses the Thai class structure rules as it's based on money.
This is the same chauvinist and fascist logic that states if a Thai woman marries an alien man she is rejecting the Thai way and should be punished (make it difficult for them both) whereas if a foreign women marries a Thai man she gets a lot more in the way of civil rights.

Back to the title deeds ... if land owned by a Thai spouse using foreign funds can be 'taken back', who gets it?
Who is the happier man, he who has braved the storm of life and lived or he who has stayed securely on shore and merely existed? - Hunter S Thompson
loverboy44
Specialist
Specialist
Posts: 148
Joined: Sat Dec 06, 2008 8:44 pm

Post by loverboy44 »

This is the logic here!!!!
And this is why here we have 2 ways of marriage. The registered one and the temple version. Thais use it too.
poosmate
Ace
Ace
Posts: 1033
Joined: Sat Jun 12, 2004 7:30 pm
Location: hua hin

Post by poosmate »

Err no, loverboy, temple ceremony = loverboy. Registered= Married
First one has no legal standing so it is not relevent to this thread on Thai spouses owning land.
no more dePreston
loverboy44
Specialist
Specialist
Posts: 148
Joined: Sat Dec 06, 2008 8:44 pm

Post by loverboy44 »

Well you got it mate!!!!
But first version = spouse can buy land:
P.S. What is the legal standing in this country. Is it better if you stand in front of a closed door of your own house while the marriage certification is inside of it...LOL
User avatar
sandman67
Rock Star
Rock Star
Posts: 4398
Joined: Wed Jul 11, 2007 6:11 pm
Location: I thought you had the map?

Post by sandman67 »

sounds to me like a typical Thai authority figure doing what they usually do - making the law up / re-interpreting it as they go along, justifying their existance, trying to sound in control (and failing miserably at all three)

He's such an important and scary official he cant even get his own bone idle staff to work harder.

Id like to see this get through a court....... even one here in La La Land.

Id also like to see said official keep breathing for long after they reposess property belonging to our friends from the E European mafiya organisations, who are heavy investors in property in Narok..... now that headline would raise a cheese eating grin!

Unlike the Thai shmucks who tried hitting Sondhi the mafiya use their own staff....and Russians/Georgians wont miss.

:cheers:
"Science flew men to the moon. Religion flew men into buildings."

"To sin by silence makes cowards of men."
User avatar
PeteC
Moderator
Moderator
Posts: 32172
Joined: Tue Mar 23, 2004 7:58 am
Location: All Blacks training camp

Post by PeteC »

This is all a load of bullocks as you guys say. I bought this house in Rayong through my partner who wasn't even my wife at the time. Went to the land office with the developer, handed over several million baht in the form of a certified bank draft, the government woman asked her where she got the money, she said from me. She asked me what my plans were. I told her this house is for my partner and my daughter and for their future, not mine, and that we have been custom building it for over a year. She smiled and said "that's the way it should be...", gave me a paper to sign stipulating what I had said and wham, bam thank you mam we we're finished and out in 15 minutes with the blue book and the deed from the estate.

I think whoever this official is in Phuket is too drunk on his own self perceived power, and spouting garbage. Pete :cheers:
Governments are instituted among Men, deriving their just powers from the consent of the governed. Source
User avatar
Super Joe
Rock Star
Rock Star
Posts: 4929
Joined: Fri Sep 22, 2006 1:43 pm

Post by Super Joe »

Not really sure what he's on about, his words are not in accordance with current law, unless he's talking about a planned change in law!?!?

The law on Thai's with foreign spouses changed back in 1999 to allow them to purchase land providing the foreign spouse sign's the Land Office 'letter of confirmation' stating that the funds are the Thais 'Personal Property' (Sin Suan Tua), which would NOT be part of a divorce settlement. This ensured that in the event of divorce the foreigner has no claim over any land as the land is NOT part of the 'Marital Property' (Sin Som Ros).
Law Section 1471: Sin Suan Tua (Personal Property) consists of item 3) property acquired by either spouse during marriage through a will or gift.
Law Section 1472: As regards to Sin Suan Tua, if it has been exchanged to other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall be Sin Suan Tua.


Ministry of Interior Regulation on Thais with foreign spouses:
'Most urgent letter No.Mor.Thor. 0710/Vor.792 dated March 23, 1999 - Acquisition of Land by Spouses of Aliens:
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). 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.'


Land Code - Section 86:
Department of Land website (go to 'English Language Information' on left, then click 'item 1': http://www.dol.go.th/
Extract: 'An alien whose spouse is a Thai national either legitimate or illegitimate, that Thai national can purchase land but the alien spouse of that Thai national must give a joint written confirmation that the money which that Thai national will expend on purchasing the land is wholly the separate property or personal effects of that Thai national and not the Sin Somros or jointly acquired property.'

The 'Letter of Confirmation' at the Land Office:
http://www.isaanlawyers.com/images/lett ... mation.jpg

SJ
User avatar
jumpjockey
Amateur
Amateur
Posts: 42
Joined: Mon Jul 07, 2008 11:17 pm
Location: Quahog

Post by jumpjockey »

I think this comment is somewhat Lost in Translation perhaps by the reporter,

My understanding is that its more to do with big developers using their Thai wives names to buy and develop land and nothing to do with individual couples.

I would have thought if you read this section it would be clear to most,

PHUKET CITY: The director general of the Land Department has reiterated that foreigners using Thai nominees to buy land anywhere in the country will have their land title deeds revoked if caught – even if the nominee in question is a lawfully wedded spouse.

This was of course the case of a recent high profile case in hua hin where a poster was advised to contact the spouse of a large developer no longer in town in order to get the lease changed.

Panic over and back to the Chang. :cheers:
User avatar
andy778
Amateur
Amateur
Posts: 43
Joined: Sun Nov 11, 2007 2:06 am

Post by andy778 »

Maybe he was referring to the company-route and the sometimes made up Thai nominees ?

Lost in translation ?
faq2mfh
Member
Member
Posts: 86
Joined: Mon Nov 10, 2008 12:08 pm
Location: Singapore

Post by faq2mfh »

I agree Spitfire. Things will change one day. First they’ll have to get rid of all those crusty old corrupt bureaucrats…
User avatar
Name Taken
Suspended
Suspended
Posts: 1025
Joined: Sat Nov 18, 2006 1:57 pm

Post by Name Taken »

Just another stupid law made by the Thai government to get rid of all the foreigners living in Thailand.


"Condos are for mosquitoes, foreigners" - Deputy Interior Minister Vatana Asavahame

A Thai government official publicly insults foreigners living in Thailand.
It is a shame how extremely xenophobic and pathetic Thailand is.
Post Reply