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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.
The assistance of lawyers is crucial in the drafting, negotiation and implementation of these instruments. Lawyers are prepared to take clients through their rights and safeguards before acts are committed, or signatures are affixed. Expect lawyers to also explain to you all possible legal consequences which may result from an act. Essentially, proper lawyer consultation results in more learned decisions. Real estate or property law in Thailand is the area of Thai law that governs the rights of use, possession and various forms of ownership of immovable property (land, house, condominium). In this article a brief legal introduction to the most common real estate laws in Thailand.
There are a number of grounds upon which a work permit can be granted (this is in a discretionary basis will take into account usual considerations such as suitability and qualifications of the foreigner for the position). The permit may be granted to a foreigner who is employed in Thailand : The company (employer) must have a fully paid-up registered capital of 2 million Baht to hire one foreigner, plus one person for every additional 2 million Baht (to a maximum of 10 people). If the registered capital of the company is less than 2 million the company can hire one foreigner if its total corporate income tax payment had been at least 5 million Baht for the past three years. The company can hire one foreigner for every 5 million Baht paid in tax.
According to section 93 of the Land Code Act a foreigner who acquires land as statutory heir can have an ownership in such land upon a permission of the Minister of Interior. Note that section 93 Land Code Act only refers to foreign land ownership under a treaty and not for example to foreigners inheriting land from their Thai spouse. A foreign spouse of a Thai national can inherit land but cannot register ownership of land and has to sell the land within one year from the date of acquisition. 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. Discover more info on 3lawyersthailand.com.