Land purchase through Thai spouse forbidden: Land Dept

Re: Land purchase through Thai spouse forbidden: Land Dept

Postby Jason McDonald on Tue Jul 21, 2009 4:01 pm

However if the couple purchase the land after they are married then the foreigner owns 50% of the land which is a problem because foreigners are only allowed to own 49% of the land (Thai company or condo act). This technically makes the purchase illegal.

So given this interpretation land purchases by a Thai/foreign couple are technically illegal and the land Department has every right to revoke the illegally issued title.

If the Thai person bought the land before marriage the land is owned by the thai person and is not matrimonial property.

But it does take away the rights of Thai citizens married to foreigners.

Foreigners can commit fraud by signing a paper stating that the land is purchased from the Thai partner's funds acquired before the marriage if they want but it doesn't change the technicallity of the law and may not hold up in court. Who would beleive that a poor issan girl from pan don had 2 million baht in the bank before she met her foreign husband.

Bit of a mess really!
If that were the case Taksin could sign a statement saying he didn't do the things he is accused of and the courts would have to rescind the charges.

Only my opinions folks
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Re: Land purchase through Thai spouse forbidden: Land Dept

Postby stilljustbrowsing on Tue Jul 21, 2009 6:33 pm

What is written in english, is not the same when written in Thai, and I have seen how some translations are made and it bodes ill. In translation, the human rights act, as written in Thai will apply to Thai people only and exclude foriegners or farang.
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Re: Land purchase through Thai spouse forbidden: Land Dept

Postby Ian on Wed Jul 22, 2009 5:07 am

Whilst a strict interpretation of the law means that the farang is out on a limb, the good old Thai corrupt system has many ways of overcoming such details. Make friends with your local Amphur or District boss, introduce yourself in his office with a bottle of good whisky, say you would just like to say hello as a new farang in the neighbourhood. Do the same with the local police chief, make a regular donation to the police "tea fund", you will find they are very understanding :cheers:
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Re: Land purchase through Thai spouse forbidden: Land Dept

Postby triptrip on Wed Jul 22, 2009 9:36 pm

Ian wrote:Whilst a strict interpretation of the law means that the farang is out on a limb, the good old Thai corrupt system has many ways of overcoming such details. Make friends with your local Amphur or District boss, introduce yourself in his office with a bottle of good whisky, say you would just like to say hello as a new farang in the neighbourhood. Do the same with the local police chief, make a regular donation to the police "tea fund", you will find they are very understanding


Ian,

Are you going native? Recent posts from you certainly appears so. I guess at some point, each of us will feel rather than fight against the system, an easier option is to go with the flow.

If the local people likes to play games, then playing game we shall. :cheers:
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Re: Land purchase through Thai spouse forbidden: Land Dept

Postby silverfox on Wed Jul 29, 2009 1:41 pm

Although I am a relative newcomer to Thailand I am aware of this ruling, I am planning to retire early to Thailand late next year if all my plans come to fruition. I have been coming to LOS for just over 2 years now, each visit ( 5 & one more in October) are always for at least a months duration, so I manage to learn a lot about the people, culture, language etc. I have never planned to buy land, or have a house built I would much rather rent, it is very cheap and the area I want to move to the houses for rent are of good quality. My reasoning is that Thailand is a large and diverse country, I may want to move periodocically and sample differnt regions for a while. Plus of course the political climate is uncertain as is farangs future if you believe all you read.

My problem is I have a regular g/f in the Korat area, I have not yet had the opportunity to tell her that I will not be buying land and building houses, I know that any replies will be off topic but your thoughts would be welcome.
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Re: Land purchase through Thai spouse forbidden: Land Dept

Postby stilljustbrowsing on Wed Jul 29, 2009 5:19 pm

I agree with you, renting is far simpler and allows ease of movement for what ever reason, whether it means change of location during retirement, or change of location due to change of work place.
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Re: Land purchase through Thai spouse forbidden: Land Dept

Postby Michael Bukit on Tue Aug 04, 2009 1:51 pm

L
Ian wrote:There is a very good logic but it is not Thai logic, it is Chinese logic. Two generations back a flood of Chinese came to Thailand and found a land peopled by simple people, lacking in business acumen. As a result they soon rose to the top, they became the big business tycoons, land owners, politicians etc. Thaksin is a classic example of this. The standard policy, keep the poor in their places, pay low wages and make hugh profits, keep them ignorant.

Then Farangs start to arrive, with business acumen to match the Chinese, educated and not fooled by lies and propaganda. Even worse we set a bad example by paying proper wages to our workers. We talk about education freedom of speech, all the things the Chinese Elite have created here we seem to be trying to undo.

Naturally these Chinese "Thais" will defend their turf, try to keep the western Farangs out, except of course for the stupid tourists, the walking ATM machine. As these Chinese control the government, the Civil Service, then what more logical than to make tighter and tighter restrictions on resident Farangs. Make life intolerable, drive them away.

It's not the Thais that don't want us, it's their controllers the Chinese Thais.



I am not a Chinese neither am l Thai. But I find the above comments by this farang very bias against the Chinese Thai. Maybe he didn’t read enough or understand Thai history well. The Chinese came here few hundred years ago or maybe more, and not just 2 generations as you’ve stated. They didn’t just came to Thailand and found a land peopled by simple people, lacking in business acumen. As a result they soon rose to the top, they became the big business tycoons, land owners, politicians etc like you’ve mentioned.

The Chinese got quite a lot of credits to claim in this country. Chinese came to this land long before the Farang has arrived. In a matter of fact they had even combined force with the Thais to fight against the enemies and many had sacrificed their lives for this country.

They are unlike the Brits that went to Australia, Canada and New Zealand few generations ago and found a land peopled by simple people. As a result they soon roses to the top, they became the big business tycoons, land owners, mine owners, politicians etc. And today the whole Australia,Canada and New Zealand are owned by the white farangs and the indigenous peoples are left with nothing. No status, no money, no position in politic & no property.

I advise you to go into below link to read more about Thai history you may find it very interesting and it is good for you if you intend to stay in Thailand long..
http://www.reference.com/browse/Taksin
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Re: Land purchase through Thai spouse forbidden: Land Dept

Postby toto2012 on Fri Feb 22, 2013 3:33 pm

pachangamac042 wrote:This is just discrimination at its best. Is may wife or for an instance any other Thai person married to a foreigner, worth less than a Thai not married to a foreigner? This is just disgusting and shows me what bad folks some Thais are. They are not just bad against foreigners but even against their own people.

We have been in the process of looking for a nice location to buy or built our own house in Thailand. I guess that we do not need to search anymore. We will just buy our home in Spain, where foreigners are treated a little better then in Thailand.

After some 20 years Thailand experience, I guess, that I am having enough of them. I feel sorry for my wife and her family, as they are great people, but some Thai authorities are worth less then ….

I really wish, that Thais would be treated in the rest of the world the way they treat us in Thailand. Well, no, I do not really wish it, as it would not make any difference.

It is time that we do not call Thailand, the land of smiles anymore, but the land of foreigners haters. As a response to all things making our lives miserable in Thailand, maybe we should just move out and on.

Imagine all foreigners leaving that country. Not only expats, but foreign companies and NGOs as well. Imagine not sending any more tourists to that foreigner unfriendly country. Imagine not doing anymore business with them.

Maybe, and only maybe, some Thais would realize then how bad they are and how bad they have been threatening us. Of course would the Thais who less deserve it suffer the most, but it would hurt those rich policy making elite as well. Could that change something? Maybe it is really time for a revolution in Thailand. Maybe it is really time to decapitated some elite and other rulers.

No idea where Thailand is going, but I have the feeling that it will never get there.



well the only thing i can say is that the government should read all these farang opinions because they are most of them all right ...i do not see anything wrong or rud about it.....!something is wrong with the system because foreigners from many different countries all agree the same way and have the same opinion.
i myself would say that the laws for farang or thais married with farang can be considered as racist laws.....we have already a racist name "farang" again and again...the same way is frog for french,spaghetti for italiens,bosh for german ,gringos for americans etc.. etc .. it is racisme...pure and simple.they want our money but they dont want us. they dont say it clearly but they make it us fell very strongly .
honestly ...when things go badly and dont change ,i think they really dont give a ____ because we always come back .
we are the stupid if we accept all this ! so don't complain anymore ..just go with your money! the world is big enough and there is other atractiv places where we can buy property ourself for leaving in peace and free.
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Re: Land purchase through Thai spouse forbidden: Land Dept

Postby bigmagilla on Mon Jun 16, 2014 11:23 am

...the whole situation like many things is screwy.
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Re: Land purchase through Thai spouse forbidden: Land Dept

Postby buster on Sun Nov 09, 2014 2:41 pm

I am a foreigner living in Thailand and obtained a longterm lease on land (59+rai) in 2007 after earlier obtaining a longterm building lease on the same land.
In 2010, after we fled our premise in order to escape drug dealers, pimps and drunks in our soi (comment posted in the Bangkokpost november 2011).........yet holding on to the landlease without notice.......we found out in 2013 that the lessor NEVER changed the lessee on the landlease and buildinglease, beit we signed , with witnesses, IN their office 2 years earlier!!
In september 2013 the lessor had me signed another second transition of lessee document, which i did after being intimidated by hired "court and justice hands" were visiting my family @home scaring my family to the bone.
In. july 2014 i ordered a representative of the Lessor....The Buddhist Association Thailand in Province X to sign off my lessee rights after the lessor AGAIN denied -//// and played dumb on the lease.
In plain English..... I didn't want the socalled landlease no more since it triggered years of denial, lies, and intimidation on my family since developers in the area had tried to buy the leased land.
When they (Buddhist Association specialist)finally showed up, after 2 earlier attempts, a procedure went into action involving......several land-administration office officials, a 'religious specialist nr 6, NO witnesses, and a transcript with power of attourney of someone who wasn't present, I personally don't know, and the officers at the Land department very nervous about the legitimicy of the signing procedure.
When i was asked why i rejected the legal contract, I stated the same as one of my lawyers did.
Me and my family don't want to be called in one breath anymore together with the socalled 'religious protective' Buddhist Association Thailand EVER again.


My advise is simple............do NOT buy in Thailand!
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