Acquisition of Land by Thai Nationals with a Foreign Spouse
(Thai Nationals with a Foreign Spouse Acquiring Land in Thailand)
Under Thai law, foreigners are not permitted to own land. However, in practice, many Thai nationals are married to foreign spouses and have a necessity to purchase, receive a transfer of, or receive land in their own name. Therefore, Thai law has established clear guidelines to prevent circumvention of the law and to protect the rights of Thai nationals to lawfully own land.
Key Legal Principle
Thai nationals who have a foreign spouse, whether the marriage is legally registered or not legally registered, may acquire land in their own name without limitation on land area,
provided that it can be proven that the funds used to acquire the land are the “personal property / separate property of the Thai national” and that such acquisition does not grant any ownership rights to the foreign spouse.
1) Case of “Receiving Land by Gift”
Where a Thai national with a foreign spouse:
receives land by gift during a lawful marriage, or
receives land by gift while cohabiting as husband and wife,
and upon official inquiry it appears that:
the land constitutes the personal property of the Thai national (in the case of a legally registered marriage), or
the land constitutes the separate property of the Thai national (in the case of an unregistered marriage),
and the foreign spouse does not acquire any joint ownership rights in the land,
the competent official may proceed with the registration of rights and juristic acts.
2) Case of “Purchasing Land”
2.1 Foreign spouse residing in Thailand
(1) Legally registered foreign spouse
The Thai national and the foreign spouse must jointly confirm in writing to the competent official that:
The funds used to purchase the land are the personal property of the Thai national only and do not constitute marital property.
(2) Foreign spouse not legally registered
Both parties must jointly confirm that:
All funds used are the separate property of the Thai national and are not jointly acquired property.
2.2 Foreign spouse residing abroad
The foreign spouse must contact:
an Embassy,
a Consulate, or
a Notary Public,
to record a statement in a written declaration confirming that:
the funds used to purchase the land are the personal/separate property of the Thai national,
no part of the funds constitutes marital property, and
the foreign spouse has no joint ownership interest in the land.
Thereafter, the Thai spouse purchasing the land shall submit the original declaration to the Land Office for registration of rights.
Important Exception
If the Thai national can clearly present evidence that:
the funds used to purchase the land are his or her personal or separate property,
the competent official may proceed with the registration
without requiring the foreign spouse to provide a declaration.
3) Case of Divorce / Separation / Minor Child of Foreign Parent with Thai Nationality
Thai nationals who previously had a foreign spouse but are legally divorced or separated, or
minor children of foreign parents who hold Thai nationality,
where an inquiry reveals no circumstances indicating an intention to circumvent the law,
the competent official may proceed with the registration of rights and juristic acts.
Legal Caution
Any sale, transfer, or transaction involving land
that is intended to circumvent the prohibition under Section 86 of the Land Code
shall be deemed a juristic act with a prohibited objective and
shall be void under Section 150 of the Civil and Commercial Code.
Key Takeaway
A Thai woman married to a foreign spouse may lawfully own land in Thailand
provided that it can be proven that the funds used are her personal/separate property and that there is no circumvention of the law.
FAQ
Q1: Can a Thai woman married to a foreigner purchase land in Thailand?
A: Yes, provided that it can be proven that the funds used are the personal property of the Thai national.
Q2: Is the foreign husband required to sign in every case?
A: Not in all cases, if clear evidence shows that the funds are the Thai national’s personal property.
Q3: What if the foreign husband resides abroad?
A: A written declaration must be made through an embassy, consulate, or notary public.
Q4: Can the land be mortgaged after purchase?
A: Yes, without requiring the foreign spouse to reconfirm.
Q5: What happens if the law is violated?
A: The contract may be void under Section 150 of the Civil and Commercial Code.
