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Dual Nationality Propert Ownership Query

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Dual Nationality Propert Ownership Query

Postby gulfman » July 1, 2009, 10:15 pm

This is a query from a friend in UK. His Thai wife has just obtained British Citizenship and a British passport. She has informed him that because of this she can no longer own property in Thailand, and so everything that he has bought for them both (in her name) such as the House, Rice Garden, Rubber Plantation, Car etc, now has to go into her mother's name.

He is disturbed by this news.

There must be forum members with wives who now have UK, American, Australian, German, Norwegian etc nationalities. I'm sure that most of us will be a little sceptical, but does anyone know the FACTS of the matter? :-s
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Re: Dual Nationality Propert Ownership Query

Postby BobHelm » July 1, 2009, 10:29 pm

I would suggest gulfman that your friend contacts a competent Thai lawyer immediately.
As I understand the law of Thailand if she had totally renounced her Thai citizenship then this would undoubtedly be the case. However I would think this is not actually the case - if it is he wants to ask himself why the hell she did not think of this gem BEFORE she did it... :fryingpan:
However, a legal ruling requires a lawyer at least & not guesswork....
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Re: Dual Nationality Propert Ownership Query

Postby laphanphon » July 1, 2009, 11:03 pm

unless renouncing her thai citizenship, she is allowed dual citizenship and many members wife/fg have own house/car mb.

i would be a little concerned if wife wanted to place all that we bought in mother's name. sounds like something else going on.
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Re: Dual Nationality Propert Ownership Query

Postby BobHelm » July 2, 2009, 8:42 am

Yes LA while I do not think I have the experience, education or qualifications to offer any legal advice I will give gulfman a mathematical formula which I feel may be of help to his friend.

a+z=d

Where....

a = Acquire British citizenship
z = Zeroise personal wealth
d = divorce

Just my take on the situation.... :(
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Re: Dual Nationality Propert Ownership Query

Postby BKKSTAN » July 2, 2009, 9:09 am

Everything he bought for her is considered a gift and hers,but if they are legally married he would have some interest as surviving spouse!Sounds like he is being left out of the decision making!If they don't communicate any better than that,he is already on the outside looking in anyway! #-o
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Re: Dual Nationality Propert Ownership Query

Postby saint » July 2, 2009, 3:13 pm

my guess is , hes about to be shafted ! but im no expert , best ask vlad ! :D seriously , if she does hold dual citizenship , which i would think she does , as far as i know the british government do not expect nor ask anyone to give up thier original citizenship on issue of a U K passport . then her story is bulls~it !!!!! im also led to believe that if your married to a thai , and you supplied the funds , all assets were equaly divided if ever divorced . although you cannot own land , im sure the authorities here give you 12 months to sort out the legals if this situation arises . so like i said , i think your friend is about to be neck deep in doo daa either way .
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Re: Dual Nationality Propert Ownership Query

Postby MALC » July 2, 2009, 8:49 pm

i have 4 freinds in uk who are married to thai;s and they have uk passports and thai passport. and they all have houses in wifes name in thailand. i was told that it used to be that once a thai married a farang. she could not put land in her name. but i have been told that the gov off thailand have changed it so wife can now put in her name. whether that is fact i do not know. :D :D
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Re: Dual Nationality Propert Ownership Query

Postby douglas » July 3, 2009, 8:33 am

Hi,
Why put house car etc. in wife's or G/F name. you can buy land in certain circumstances but easier to put in G.F. name, but buy the house in your name and get a 30yr lease on the land extendable for another 30 years and you are pretty safe. This is what i did, maybe a bit more hassle but in your case would of been worth it. As for the car a bit more form filling but easilly done. But why has she got to put the car in her mothers name, you don't have to be a Thai to own a car. I think IMHO that you are being shafted.
This saves a lot of hassle when thing turn sour and you end up in the s--t.
Hope you get out of it O.K.
Cheers Doug.
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Re: Dual Nationality Propert Ownership Query

Postby parrot » July 3, 2009, 7:41 pm

Once a Thai, always a Thai. She's entitled to a Thai ID card and a Thai passport whether she has other citizenship. As long as she has the ID, she can own land in Thailand just like any other Thai woman.

For grins, many of you may not be aware that prior to about 1999, all Thai women who married falangs gave up their right to own land. If I'm not mistaken, that changed with Taksin.....changed without virtually no press announcement. As I've been told, Thai women who married falangs in the 60/early 70's also were able to own land. Somewhere after that, the law changed....BUT, those women who already owned land were able to continue owning it. I'd like to think that the same would happen if some future government wanted to revert to the old law again.
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Re: Dual Nationality Propert Ownership Query

Postby gulfman » July 3, 2009, 11:59 pm

Thank you all for your thoughts on this - which generally reflect my own. I agree with Bob that she is now planning to divorce him. I suspect she will try to claim half of his UK assets, but at the same time place her (joint?) assets in Thailand out of his possible reach in case he could be awarded a share.

However, is there any member who can tell me that his wife has dual nationality and also owns property in Thailand? I would like to be able to state such as a fact to my friend.

This is difficult for me as he met the lady concerned about four years ago while staying in Udon with me and my wife, so I feel in some way responsible.
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Re: Dual Nationality Propert Ownership Query

Postby Aardvark » July 4, 2009, 10:45 am

I looked into this a while back, and a Lawyer (Thai) told me there are no problems at all. My wife is due to receive her Oz Citizenship in the next few weeks and are confident there will be no problems !!
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Re: Dual Nationality Propert Ownership Query

Postby BobHelm » July 4, 2009, 10:59 am

Maybe the best way for him to go is to agree - as long as all his UK assets are transferred to HIS mother. I feel that might save him 50% of its value shortly..... :(
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Re: Dual Nationality Propert Ownership Query

Postby laphanphon » July 4, 2009, 11:46 am

agree, he definitely needs to reassign his UK assets away from her. the writing is on the wall, hope he chooses to read it.
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Re: Dual Nationality Propert Ownership Query

Postby polehawk » July 4, 2009, 1:02 pm

gulfman wrote:Thank you all for your thoughts on this - which generally reflect my own. I agree with Bob that she is now planning to divorce him. I suspect she will try to claim half of his UK assets, but at the same time place her (joint?) assets in Thailand out of his possible reach in case he could be awarded a share.

However, is there any member who can tell me that his wife has dual nationality and also owns property in Thailand? I would like to be able to state such as a fact to my friend.

This is difficult for me as he met the lady concerned about four years ago while staying in Udon with me and my wife, so I feel in some way responsible.


My wife of 35 years is a dual citizen of Thailand and the USA and our house/land is in her name. My name is on the land deed with a usufruct or lifetime lease to live on the property. The only area that I have been procrastinating in is getting a proper will drawn up in the unlikely event of her passing away before myself.
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Re: Dual Nationality Propert Ownership Query

Postby gulfman » July 6, 2009, 7:02 am

Once again, thanks to you all for your input - particularly Aardvark & Polehawk with dual nationality wives.

I'll keep you all posted as to what (if anything) transpires.
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