Falang's wife owning Land

The law changed just prior to March 2001. No fanfare, nothing in the press (that we saw). At the time, my wife changed the deed on our land from a 30 year lease to ownership and has since bought another piece of land. For us, it's the single biggest change that's affected our outlook on living here. Second biggest change......same-day retirement visas.
The title of the thread should read: Falang's Thai wife owning land........as a Falang's Philippino wife (there are a few here) wouldn't fall into the same category.

Yes, the law changed around 10 years ago when Thailand was still in the Asian economic recession. When it changed, I remember the Bangkok Post running an article on the Thai Foreign Ministry doing a road show throughout Europe to advise Thai wives of Farang there that they now could come back and legally buy land... Gess they figured they wanted some cash coming back into the country at that time.

the legal process:

Thai wife goes with land seller to Provincial land office.
Thai wife takes Farang husband who brings passport.
Thai wife advises land official she has Farang husband (or they'll see you sitting there and ask)
When land deed (chanote) is processed the land official will ask the Farang husband for his passport to copy the face and visa page. A document will be prepared that essentially says "my Thai wife is buying this land with her money." and also says, "I understand I have no legal right to this land." In other words, it t'ain't my money and it t'ain't my land.
The Chanote is then processed, land taxes paid, and deal is finished..

When my wife and I did it in June 2002 it took about an hour at the land office. Very polite, very professional, no tea money, no nonsense..

Same process in 2005 when the wife bought another rai of land to expand her land plot.. No muss, no fuss.. At that time I was living in Laos and there were no problems with copying the passport/face page once again..

Now, the question of course arises... Does the land office keep a separate database for "Thai women married to
Farang who bought land?" If politics get real silly, then adhering to the spirit of the law could come back to bite you if things go ultra-nationalist.. On the other hand, what about those Farang married to Thais over here on a Thai spousal visa or even a retirement visa where the Thai wife was married to a Farang yet didnt' have the spouse present to sign the "not my land, not my money paperwork?" I suppose that also could come back and bite you if Immigration and the land office started comparing databases..

all-in-all I don't worry about it... too much puat hua and all that...

"If politics get real silly"

If? You mean that general who keeps showing up on the front page of the newspapers could get even sillier?

If I understand the old-timers (35+ years here), way back when the spouses were allowed to own land. Then the law changed (I think in the mid-70's when the GIs left). Those who owned land got to keep it.

I'd hate to think things could ever go the route of Zimbabwe, but t.i.t..........I'd have to implement my hip-pocket plan B and get out of Nakhon Dodge.

If the wife owns the land and you decide to build a nice house on this land,what would happen if your wife died before you did,i think there could be a little problem there.

keith555 wrote:If the wife owns the land and you decide to build a nice house on this land,what would happen if your wife died before you did,i think there could be a little problem there.

My understanding is that if you have structured things correctly, the law allows you 12 months to dispose of the land (and the house on top) to someone entitled to own the land (ie a Thai).

jackspratt wrote:

keith555 wrote:If the wife owns the land and you decide to build a nice house on this land,what would happen if your wife died before you did,i think there could be a little problem there.

My understanding is that if you have structured things correctly, the law allows you 12 months to dispose of the land (and the house on top) to someone entitled to own the land (ie a Thai).

Do you know if the husband has sole rights without a will,or does the her family inherit part.I have heard of guys having problems with the family after the death of the wife!

Not offhand Stan - it is all explained on the site I linked to on page 1.

I read it once when I was looking to give a second opinion to a mate who was buying a house after marrying a Thai lady. As can be expected of a man of my declining age, and inclining senility, I can't remember the details.

FrazeeDK wrote:The legal process:
Thai wife goes with land seller to Provincial land office.
Thai wife takes Farang husband who brings passport.
Thai wife advises land official she has Farang husband (or they'll see you sitting there and ask)
When land deed (chanote) is processed the land official will ask the Farang husband for his passport to copy the face and visa page. A document will be prepared that essentially says "my Thai wife is buying this land with her money." and also says, "I understand I have no legal right to this land." In other words, it t'ain't my money and it t'ain't my land.
The Chanote is then processed, land taxes paid, and deal is finished..

I read at Udon Property and Lands homepage,that some real estate companies made a document that said the wife
owed you the same amount as the price of the property .
Has anybody in case of divorce or death of TW been to court with that??

this is a section from the website referred to on page one of this thread, about inheritance


A foreign spouse married to a Thai is by law a statutory heir of that Thai spouse ( section Civil and Commercial Code).

Section 93 of the Land Code Act: 'A foreigner who acquires land by inheritance as statutory heir can have an ownership in such land upon a permission of the Minister of Interior. However, the total plots of land shall not be exceeding of those specified in Section 87'.

Section 93 of the Land Code Act is subject to section 86; 'aliens may acquire land by virtue of the provisions of a treaty giving the right to own immovable properties and subject to the provisions of this Code'. The last treaty was terminated in 1970 and there is currently no treaty with any country to allow a foreigner to acquire land as a statutory heir, and there is currently no other legal ground (like a Ministerial Regulation) for the Minister of Interior to allow any foreigner as inheritor under will or as statutory heir.

Under present law any foreigner who acquires land by inheritance will have to transfer the land within a reasonable period (meaning up to 1 year) to a Thai national.

A foreigner who acquires a condominium unit by inheritance either as statutory heir or inheritor under will shall automatically have an ownership in such unit. However, this ownership may not exceed the foreign ownership limit within such a condominium. In this case it is required by law that the unit shall be disposed either by selling or giving to other Thai persons within 1 year from the date of acquisition of such condominium unit. If the foreigner fails to do so, the Director-General of Land Department shall have power to sell it on the foreigner's behalf. "

My words now..I guess it depends on whom the wifes will is made out to, as to if her family can inherit the house and property..I do know of a dude whos wife passed away, and the family have been nice enough to allow him to remain living in the house. it seems 1 year and you have to sell up, but get legal advice, as some websites information is outdated and incorrect

As I read it,only descendents and spouse have survivor rights,not existing family members!

Another interesting point as I read it,Usfrastruct can be undone by either spouse at any time up to a year after divorce! So it doesn't provide any protection for the married falang!

Feel free to correct me if I'm wrong!As if you needed my permission?

keith555 wrote:If the wife owns the land and you decide to build a nice house on this land,what would happen if your wife died before you did,i think there could be a little problem there.

No worries there. The land goes in wife's name and normal inheritance laws will pass the land on to the kids (assuming there are any and that they are yours or love you just the same). The house goes in hubby's name since you can own any property that sits on the land. If you expire, she gets house through normal inheritance. If she expires, house remains yours. If (forbid) there is a divorce, she keeps land and you both split the house.

Here's one that I may have to look into myself:

If the wife expires, and assuming the land deed also has your step-child's and mutual child's name on it, could the biological father of the step-child wiggle in and claim or excercise any rights to the land? Who would win in a legal challenge between (essentially) your elder step-child and your mutual child?

Leave adoption option out of equation.

to me it seems clear that no westerner can own land except thru the normal way, ie, the wife pays for it in her name, and it becomes hers..(in some cases you can own land as a business corporation if you have 40million baht to invest in Thailand, or something like that..)

however from what I gather, once the wife passes away, you have one year sell the land..yes I believe the house on the land is yours, but I would question whether the wife was entitled to 50% of the value of the house as your wife..

I would hazard a guess that if the child and the step child names were on the land title, then they both have equal rights as co owners..if thier names were not on the title, when your wife passed away, then I would think that the blood child would inherit the land, over and above the step child..depends on the wording of the will ( wills drawn up outside of thailand must comply to thai law)

now if the step childs name was on the title, and they were under 18yrs (if that the legal age of an adult ) then I would hazard another guess that her guardian could adminsiter or protect her interest in the land, if she was adopted then you would be the guardian, if not then her biological father might wiggle his way in as you put it..however if both childs names are on the title then the other child or legal guardian would also have to prtotect her interests..I dont think say one of the kids could lease out the land, or sell it without the others approval as co owners...

interesting question you have raised..

I am beginning to wonder if it would be best to take a 30yrs lease out with the wife after she/you buy the land and build your house..and that way should things fall apart in the marriage you still hold the lease, and should you pass away the lease transfers to your descendants...

This is not to be taken as legal advice. it is merely my own simple opinion.

In our case, I will own the house and have a usufruct for the land. She will own the land with both children on it.

Not sure what you mean by "blood child" since both children are her biological children. I seriously doubt that my daughter's biological father would ever cause any problems (no doubt the family would likely step in and "handle things"), but I am curious about the theoretical legal issues that would arise in a legal challenge which essentially pits the biological father of one child against the biological (and foreign) father of the other child.

by blood child I meant your direct descendant, as opposed to your step child or adopted child..I dont think the battle as you put it, is between the fathers, as they are not named on the land title, the kids are named as co owners, as equal partners..one could not do anything without the others permission, and the fathers are only thier guardians if the kids are underage, and with no right to the land...however the fathers as thier legal guardians would have to act in the childs best interest..

perhaps one father could argue that he must sell his daughers 1/2 share in the land because he as her guardian with her best interests at heart, needs the money to send her to a better school somewheres, to get a better education, or some such thing..or send her somewhere to improve her health, or be closer to family...who knows what the law is, maybe our Isaanlawyer.com advertiser on this website could enlighten you alittle on the matter..

if a will stated the words 'next of kin' then that would be a whole different kettle of fish, as it would extend to fathers, grandparents, aunts and uncles..Not really a term one should use , if one is trying to leave something to a pacific person , or persons..thats only my view..