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Foreigners married to a Thai national can’t own land themselves but the Land Department will allow transfer of ownership of the land to the Thai national who is married to a foreigner after a joint statement ‘letter of confirmation’ by the couple stating that the money expended on the land is personal property of the Thai spouse. This procedural requirement is based on a regulation issued by the Ministry of Interior (March 1999), which is based on the principle of section 1472 of the Civil and Commercial Code that if personal property has been exchanged for other property during the marriage (in this case land) that property becomes and remains a personal property, and not a joint marital property between husband and wife. This way the foreign spouse does not obtain ownership rights in the land based on Thai family laws, ‘property between husband and wife’. That is, as a personal property of the Thai spouse, the Thai spouse has sole management of the property (she can sell, encumber the property), and as a non-marital property the real property is not subject to an equitably division between husband and wife upon termination of marriage.

In wanting to evade payment of legal fees, many resort to purchasing these “services” via online legal providers. Contracts and agreements are paid by templates and parties are merely required to fill-in their particulars to complete the instrument. This has proven to be enticing to many, the forethought of savings being their greatest consideration. However, consequences are realized much later, when unexpected twists surface and unpleasant results unfold. In the end, parties are left with no choice but to redo what has been done before, or to go to court for an unpleasant legal battle. This of course, translates to more expenses which should have been avoided from the beginning.

The Labour Department may also issue or renew work permits regardless of the above criteria when the foreign individual falls into one of the following categories: employed as an international trade representative inspecting product quality, purchases or conducting market surveys; employed as an investment or management technology adviser or internal auditor; a tour representative bringing foreign tourists into Thailand; employed in an international financial institute endorsed by the Bank of Thailand; employed a non-profit organization on a temporary basis; employed as a contractor on projects for state agencies or public enterprises; employed in a business that mainly required the use of local raw materials.

Land ownership in Thailand is governed by the Land Code Act and under Thai land laws only Thai nationals are allowed to own land or have a confirmed right of possession of land. Foreigners may not own land unless there is a treaty or exemption allowing the foreigner to own land in Thailand (section 86). Thailand has currently no treaty with any country allowing a foreigner to acquire land in Thailand. Any foreigner who violates foreign land ownership restrictions could be fined and/or sent to jail for a term of up to 2 years (Land Code act section 111). A Ta.Bian.Baan or Tabien Baan is the document which gives the address of a house or apartment unit and states the persons who have legal domicile at the address. A house book is issued by the local municipality and is merely a registration document. As opposed to Thai nationals a house book is generally not considered an important document for foreigners. We have helped a growing number of clients find the right lawyer for their specific case in Thailand. Using a lawyer requires both trust and reliability. That is why the lawyers in our partner program undergo an admission process to ensure our network only consists of the best English-speaking lawyers in Thailand. Our extensive network of lawyers helps us find the ideal lawyers for your specific case. Find extra info at https://3lawyersthailand.com/.