Rules for buying property in Thailand on a Thai spouse's name
As foreigners can't own land themselves many foreigners living in Isaan buy land in the name of their spouse. In most legal systems in the world the real property would become a joint or matrimonial property and many foreigners investing in Thai real estate assume they have a claim towards the property in case of a divorce or separation. Unfortunately, Thai law requires that the land (generally in practice this will be registration of land and house in the Thai spouse's name) becomes a personal property of the Thai national during marriage and not a matrimonial property between husband and wife (irrespective if you are married under Thai or foreign law). Thai law does not allow foreigners to have any claim of ownership or management of land in Thailand.
Foreigners married to a Thai national can only buy in the name of their Thai spouse after a letter of confirmation at the Land Department that the money expended on the land is personal property of the Thai spouse. Foreigners can however protect their interest in the property. Protection in case of land and house purchase in the name of the Thai spouse foreigners have the following options:
(a) agree on the registration of a Right of Usufruct in favour of the foreign spouse, or;
(b) separate land and house and register the structure upon the land as joint or personal property of the foreign spouse. (in this case an additional Right of Usufruct is not possible, but as a general protection keep a record of all documents and payments made to be used as proof in case of a divorce), or;
(c) land and house is registered in the Thai spouse's name and the foreign spouse accepts full management and ownership by his or her Thai spouse.
In case of undeveloped land purchased by the foreign spouse in the Thai spouse's name the options are:
(a) agree on the registration of a Right of Superficies in favour of the foreign spouse
(b) apply for the building permit in the foreign spouse's name (option a an b guarantee full ownership of the structure and use of the land by the foreign spouse)
(c) the building permit is in the name of both spouses and de house becomes a joint property (in this case a Right of Superficies is not possible, but as a general protection keep a record of all documents and payments made to be used as proof in case of a divorce), or;
d) the land and building permit is in the Thai spouse's name and the foreigner accepts full ownership and management by his or her Thai spouse.
