Land purchase through Thai spouse forbidden: Land Dept

Re: Land purchase through Thai spouse forbidden: Land Dept

Postby carsgil on Sun Jun 21, 2009 1:14 pm

If as is the case I have read on other forums that when the accusation is proven that the money used to purchase the land originated from a farang the Government allows the land to be sold within a timespan of 6 months to 1 year. If the land is not sold the Government then takes possession and sells said land etc. (probably at auction for a reduced sum). This being the case the Government is saying the money used for the original purchase came from a farang making it an illegal purchase therefore surely any proceeds from the sale should be returned to the farang.

The reason I have posted this is because I have split with my Thai girlfriend and she refuses to let me sell the house, if what I have written is true then this may be a way of getting back some of my money, ergo, I make a complaint to the Land Office and they start an investigation etc. etc..

Any comments?
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Re: Land purchase through Thai spouse forbidden: Land Dept

Postby Krumm on Mon Jun 22, 2009 8:02 am

Fa_Rawng wrote:Does anyone know if I gave funds to my Thai wife to build a house on her land (land that has been in her family for more than a 100 years), if this would be considered illegal ? She is not buying the land, only building a house. This house will provide shelter for the less fortunate in her family, and me in my old age :)


No problem and you can even have the house registered in your own name but would probably need a long lease on the land to do that. Foreigners are allowed to own structures built on land but can't own the land.
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Re: Land purchase through Thai spouse forbidden: Land Dept

Postby Krumm on Mon Jun 22, 2009 8:08 am

[quote="carsgil"]If as is the case I have read on other forums that when the accusation is proven that the money used to purchase the land originated from a farang the Government allows the land to be sold within a timespan of 6 months to 1 year. If the land is not sold the Government then takes possession and sells said land etc. (probably at auction for a reduced sum). This being the case the Government is saying the money used for the original purchase came from a farang making it an illegal purchase therefore surely any proceeds from the sale should be returned to the farang.

The reason I have posted this is because I have split with my Thai girlfriend and she refuses to let me sell the house, if what I have written is true then this may be a way of getting back some of my money, ergo, I make a complaint to the Land Office and they start an investigation etc. etc..

Any comments?[/quote

Yes, the Land Dept is not entitled to keep any of the proceeds, except a legal execution fee they are allowed to charge for disposing of the land. However, they might fix the auction at an unreasonably low price. On the other hand you would be exposing your girlfriend to criminal prosecution for violation of the Land Code and could be fined or imprisoned or both.
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Re: Land purchase through Thai spouse forbidden: Land Dept

Postby Krumm on Mon Jun 22, 2009 8:09 am

Carsgil, Sorry meant to say that you would be exposing your girlfriend and yourself to criminal prosecution.
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Re: Land purchase through Thai spouse forbidden: Land Dept

Postby expattaffy on Tue Jun 23, 2009 7:34 am

Looks like to me that the message to all farangs here is, Dont bring any more cash into Thailand than is absolutely rquired. Do not buy your Thai wife a house or land, better to rent. Also maybe the best option with hindsight is to not get married at all. As another expat stated, Thailand is no longer the land of smiles for farangs. Lets hope every farang reading these warnings pass on the information to as many farangs as possible who are about to come to Thailand.
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Re: Land purchase through Thai spouse forbidden: Land Dept

Postby expattaffy on Tue Jun 23, 2009 7:47 am

In case you all missed the news this morning beware there is another lot of knives out ready for farangs. In the case of farangs who have bought farms for their Thai wives, there have been many complaints from local Thais about farangs doing work on their wifes farm, which is illegal. One activity mentioned was farangs having fish ponds made and breeding fish. We are not allowed to do any work without a work permit wether paid or unpaid. The government stated they will be looking into this practice and sending officials around to carry out checks.
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Re: Land purchase through Thai spouse forbidden: Land Dept

Postby stilljustbrowsing on Tue Jun 23, 2009 3:08 pm

Seems to me that the only difference between Thailand, Burma, and North Korea is that at least the two latter mentioned countries are open and honest about the way they are run!
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Re: Land purchase through Thai spouse forbidden: Land Dept

Postby Chaem on Tue Jun 23, 2009 6:04 pm

It's really so simple and Thailand is up to world-standard. (almost !)

A Foreign and Thai couple after being married 5 years (or more ) or have a child together can buy or build a house for the family.
Not more land than 100 darangwah land involved and only ONE house per family.
Surely on this basis, everybody should be satisfied.
The ownership should be on a per family basis or on a basis of 50 /50.

Then there could be no reproach of racism as for example we have in "two-tier pricing" etc

Simple is'nt ?
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Re: Land purchase through Thai spouse forbidden: Land Dept

Postby artisi on Wed Jun 24, 2009 5:45 am

I haven't bothered to read all the previous posts as there seems to be so much wrong information.

The real story is, if you "gift" money (not loan as a nominee to circumvent the law which is illegal) to your Thai wife and she in turns buy land with it, it is her land solely and you have no claim what-so-ever to it at any time now or in the future.
When she registers the land in her name at the land office, you as the husband (foreigner) have to sign a document has says that you have no claim to the land - that's it full stop - NO CLAIM - if you build on the land then that's a different story so far as the buildsing/s go to which you should have some claim should things go wrongwith your marriage.
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Re: Land purchase through Thai spouse forbidden: Land Dept

Postby Chaem on Wed Jun 24, 2009 9:40 am

".... of the Land Department has reiterated that foreigners using Thai nominees (their wives) to buy ..." This was said here.

Not only Thai nominees do this (wives of foreigners) for Aliens but also Thais act as nominees for their children.

To do the right thing and go the whole way, Nobody should be able to buy any of the holy land of this country.

The law-maker here should think about this ! Re-write the existing discriminating law. ANYBODY should only be able to put up a claim for enough land to build a house, for not more than 30 years. With an option for another 20 or 30 years.

It is an insult to (say US citizen) that a Thai can build a house for his family in California but a Californian may
never own the smallest hut in (let's say) Udonthani.

Thank you for thinking about this -
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