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What You Should Know About Land Acquired by Thai National with Foreign Spouse in Thailand 您應該知道有外籍配

Foreigners are not allowed to own land in Thailand. Nevertheless, Thai government allows Thai national with foreign spouse to own land after a joint letter of confirmation signed together with the foreign spouse in front of the Land Department. The purpose of this letter is to prove that the money pays for the land is bought as a personal property of the Thai national (Sin Suan Tua), not a marital nor jointly owned property between the couples (Sin Somros). This means the foreign spouse has no claim to the purchased land and the Thai national has the right to sell, mortgage, transfer, or exchange the land without the foreign spouse’s consent.

外國人不得在泰國擁有土地;然而,泰國政府允許擁有外國配偶的泰國人在與外國配偶在土地局面前簽署聯合確認信後擁有土地,或者證明支付土地的錢是作為個人財產購買的泰國人 (Sin Suan Tua) 的財產,不是夫妻之間的婚姻和共同財產 (Sin Somros)。這種情況下,外國配偶對購買的土地無權要求,泰國人有權在未經外國配偶同意的情況下出售、抵押、轉讓或交換土地。

Thailand Land Department has issued following information in 2009:

泰國土地局在 2009 年發布以下資訊:

A. When the foreign spouse lives in Thailand:


1. If the foreigner is a legally spouse, the couple has to provide joint confirmation in certify letter forms provided by the Thai Land Department in front of the competent officer on the date of registration that the land is Sin Suan Tua of Thai not Sin Somros of the spouse.


2. If the foreigner is not a legal spouse in Thailand, in the event that the landowner does not have a legal spouse, meaning without marriage registration, if that property is acquired during the cohabitation, it will be considered as collective ownership even if the spouse is a not a legal spouse. The Department of Lands of Thailand found many problems with later complaints from spouses without legal registration asking for justice that the property was a joint property between him/her and the land owner.


Regarding the legal action of the property that the owner claims to have a spouse but without marriage registration, there are guidelines as follows:[1]


· In the event that the spouse of the registrant also comes to the land office on the registration date, the officer will inquire and record statements to confirm that they are illegitimate spouses.


· In the event that the spouse of the registrant does not come to the land office on the registration date, the officer will inquire and record statements to confirm that they are illegitimate spouses.


· The registrant must also present a letter confirming the illegitimate spouse to the officer along with the spouse's ID card and house registration.


· If the registrant is unable to present the letter confirming the illegitimate spouse to the officer, the officer will proceed to prepare a memorandum stating that the registrant confirms the registration without wishing to comply with the legal process, it is to present a letter confirming the illegitimate spouse and the registrant must be responsible for it if damage occurs later, then the officer can proceed with the registration.


Criteria for considering that under Thai law, a person is considered to be an illegitimate spouse:


· The unmarried couple is engaged in joint business and the profits earned from the business must be shared with the other party.[2]


· The unmarried couple, although they do not run a business together, but have a clear division of responsibilities. For example, the husband works outside, but the wife cleans the house. In this case, according to Thai law, it is regarded as a life partnership principle.[3]


· The unmarried couple having children together, although the wife does not do business with her husband, but the wife has a duty to take care children.[4]


· The unmarried couple must also live together for a long period of time.


B. When the foreign spouse lives in Thailand but cannot provide written confirmation together with the Thai spouse in front of the Land Department:


Both Thai national and foreign spouse should lodge the application of testimony form for confirming that the spending on land is Sin Suan Tua of only the Thai national.


C. When the foreign spouse lives overseas:


The foreigner has to contacts the embassy, consular or notary public for giving testimony of the foreign in certify letter according to the forms which were specified by Thai Land Department that the spending on land is Sin Suan Tua.


D. When a Thai national has either legal or illegal spouse:


If a Thai national can show the evidence indicates that the purchase on land is Sin Suan Tua according to Section 1471 and Section 1472 of Thai Civil and Commercial Code, the competent officer can register rights and juristic act for Thai without testimony form of Thai nationality and an alien spouse.


E. In the situation of a Thai national who had a foreign spouse but is divorced or abandoned:


If the investigation reveals no evidence of illegal behavior, the officer will continue to register rights and legal acts.


In most cases of foreigners, in order to prevent problems with land becoming the Sin Suan Tua of their spouses, they will draft loan contracts between the foreigner and the spouse in the amount according to the land price. Or another case, foreigners can register long-term or lifelong land leases to prevent spouses from selling land or houses to other people without consent.


Below is sample of letter of confirmation for your record:[5]


[1] Letter of the Department of Lands No. Mor.Thor 0612/1/12306 dated June 20, Be. 2520. [2] Judgment of the Supreme Court No. 684/2508. [3] Judgment of the Supreme Court No. 83/2512, 3725/2532. [4] Judgment of the Supreme Court No. 5438/2537. [5] Thai Land Department.

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