Can a foreigner married to a Thai citizen buy a house in joint names?

Oct 14, 2024
2 days ago
Paul ***************
ORIGINAL POSTER
Hello, I'm a flang married to a Thai lady and we want to buy a house, can it be in joint names? (I'm on a retirement visa)

Thanks very much
9,355
views
12
likes
197
all likes
60
replies
1
images
45
users
TLDR : Answer Summary
A foreigner on a retirement visa cannot jointly own a house in Thailand with their Thai spouse. While they can buy a condo in their name, property ownership laws prevent foreigners from owning land. Therefore, the house must be in the Thai spouse's name. Options to secure rights include Usufruct agreements or leasing the land, which grant some level of protection to the foreigner. Experienced members of the community advise caution, suggesting renting or carefully structuring ownership arrangements to mitigate risks.
NON-O RETIREMENT VISA RESOURCES / SERVICES
  • Go to the Retirement Visa Section for information on requirements, including age restrictions, financial requirements, and necessary documentation.
  • For immediate assistance, contact Thai Visa Centre directly via LINE at @ThaiVisaCentre or Email them.
  • Explore recent discussions by using the Non-O Retirement Visa tag in the search box at the top of the page.
  • Join the Thai Visa Advice Facebook Group to ask your questions, and get advice from others.
Craig ********
Simple question NO
Michael *********
@Craig *******
Incorrect sir. My Thai wife & I own a house, she is 51% owner, I am 49%. You just need to prove marriage & there is no problem.
Xjwhudkwhry ********
yeah, you certainly sound like a flang...
Frank-Steven ***********
If you really want to go down this road, forget about illegal constructs of nominees and companies. What you could do is boy the land in her name. Then lease the land back for 30 days from her in your name (maximum amount of time legally guaranteed), then build a house on it in your name. Depending on how old you are - that should be good enough.
Frank *********
My advice on being married to a thai lady and considering buying land or house?

Only invest what you could afford to lose…

I try to not say in a bad way but relationships are not guaranteed to last forever

And land will be in her name…

Yes can get lawyers to draft certain papers saying it’s agreed to be “ joint “

But if it does go south?

It will still be a pain in the balls…

Better to just cut your losses and move on

I have seen it happen to many farang friends…

Is why I won’t do it

I feel little safer investing in condos

Because then your guaranteed to at least get little something back if trouble ever arises…

Best of luck tho 🙏
David ********
If you marry a Thai in a registry office not a village wedding you are entitled to 50% of the value of the property that includes land and house. Most farangs don't know or pursue the legal route after break up because they don't know the law or are convinced by the Thai woman that they have no claim. Also don't move out of the house if you split you have the right ti stay there. Keep all the receipts to prove it was your money to build or renovate. If you break up get a lawyer you will get a happy ending she will not have a leg to stand on
Sven ********
@David *******
yes, she will need to buy him out for 50% of the value of the house and land when divorce.
Himanshu *****************
I'd prefer to start as a tenant, testing the waters with my partner before investing in a property together. Given my financial capabilities, I'm cautious about entrusting full authority to someone else, especially after witnessing numerous expats suffer financial losses in similar situations.
Robert ***********************
The house can be owned jointly, but not the ground it stands on. Have it in her name and make sure you have a usufruct in the documents that grants you the right to lease for 30 years if you run into a scenario in which your wife dies before you. Forget about all the people here screaming you will loose it all as they are only reflecting on their own lack of social skills and in any case (and country) life is a gamble
Gordon *******
Use your brain you will lose it all
Mark **********
Farang not flang, though you might be one of those as well......😉
Sasi ************
Thai law prohibited foreigners to own a land ; with an exemption of the most recent regulations which allowable on certain conditions and requirements like 40 million THB, long term government’s bonds (must be qualified), at least 5 years or longer terms, so on and so forth.

A house is failed under the same as land , so no you can’t have a joint property.

Many mentioned Usufruch agreements, that’s your best bet.
Gary **********
Don't do it ....that's the best advice ...
Nate ******
Go to an attorney she owns the land. You can have a 99 year lease on the house. It will protect you generally speaking if you get it done correctly. 
Max **********
You can’t own land but can lease house on land for 30 years. The lease has to be registered with lands department to be legal. For 30 years you live in the house as normal owner. Usufruct lease is the most secure option.
Dalene ************
You are taking a huge risk!!!
Trevor *************
The fact you say 'Frang' is telling me you are so green that you are about to fall into a trap.
Tom ********
Yes you can buy a house and lease the land from your Thai Wife for a nominal fee, Get yourself a good Lawyer and make sure you are well covered in the event anything should happen to her, ie the Family can not sell or mortgage the land and must continue to give you full use of it as per lease contract.
Ian *********
rent a house and make sure the lease is in your name , and you wont have any issues .dont buy something u cant own !!!. i rent . i have heard of guys buying it in the wifes name but getting a proper solicitor to set up a 30 yr lease to your name only .to get round issues . but still better to rent in your own name .
Lawrence *******
Hi Garry. Been here since 2005. I have 2 houses with my girlfriend of 10.5 years and I am well-versed in the ins and outs of purchasing/building homes as well as owning a business together.

It is true....all that glitters is not gold, but occasionally one finds a gem in the rough. My wife has a great family including 3 lovely sisters and a no nonsense brother and pragmatic father.

But, that being said, thanks for your concern for all of us on this site. Have a great day. Thanks for your well wishes. Hope everything stays spectacular for you and your beautiful wife.
Garry ********
You should familiarise yourself with how things work in thailand, before you dig a big hole for yourself, I would strongly suggest renting for a year or so,and learn what you are and aren't entitled to, before committing your hard earned money to anything, and that the marriage is going to work. Im not being negative, It's just friendly advise, I hope it all goes well for you.
Peter *****************
Don't cause you never know tomorrow.
Rod ********
Farang
Steve *******
You can own a portion of the house but not the land.

There’s a rare (expensive ) loophole for Americans but it’s very expensive.
Ivan *********
Watch her
Ivan *********
Just rent if I were you .
Jon ********
Do not do it. Same for a car….. if it’s not in your name you have no rights and can lose it all.
Michael ********
Ok got two basic choices. Forget company route if they crack down on that you could lose everything.

You can get Usufruct agreement with your name on the chanote that gives you a lot of protection and in case of your wifes demise you get one year to be able to sell it. (Need lawyer to set this up)

Or you get a lease aggrement from your wife
Greg *********
@Michael *******
totally agree with you on the lifetime Usufruct root. The best way to go. I've heard some land offices don't like to register Usufruct's tho.
Michael ********
@Greg ********
Some dont its true but its legal and a good lawyer can explain that to them
Paul ***************
ORIGINAL POSTER
@Michael *******
Thanks Micheal
Richard ******
Don't buy a house! Financial independence does strange things to them.
Daniel *****
You can own the house, not the land.
Judy **********
Cannot be in joint names. Don't be another statistic.
Winston ********
Best advise. Take a 30 year lease. Its very affordable. But if you really trust your wife then at least you will leave behind a roof over her head if you buy a house.
SJ *******
Don't buy a house will be in her name. The more you put in her name the greater danger you are in.
Bob **********
No
Gianni ******
One wonders: in the 70s foreign missions in bangkok were overwhelmed by foreigners ripped off by thai wives

How can it be explained that after 50 years of the same medicine people havent cured the disease?
Frank *********
@Gianni *****
Amen to that statement 🙏
Us *****
Listen bro, I'm sure she is talking you into buying a house knowing you can't do it legally. These Thai girls are pro. So here is what you are gonna do. You are going to rent a house and put some of that unused money in an investment account for her just in case if anything happens to you. She'll be taken care of and it'll probably be worth more than the house. This would protect you and her.
SJ *******
Bro keep most of your money in your home country and access it through the internet. Dont tell her what you have.

Say it is a pension that ends when you die.

Give her an allowance but make sure she understands it stops when you die.

This will stop you being a ‘suicide’ victim.

Only ever bring to Thailand the minimum required by law to get your visa
Chris *******
How about a Usufruct Contract?
Peter **********
@Chris ******
you'll need that but you still not own anything. basically you will pay and gift it to her. under the usufract you can legally live there
Chris *******
@Peter *********
until I meet with an 'accident '
Paul ***************
ORIGINAL POSTER
@Chris ******
whats one of those?
Paul ***************
ORIGINAL POSTER
@Chris ******
Thanks Chris
Chris *******
@Paul **************
I think it would be easier for you to Google search and read ..good luck though

I have this contract in place if anything goes belly up
Peter *********
You can have in your name if you put it in a company name
Ryan ****
@Peter ********
you still require a trustee in the company in which 51% belongs to a thai individual.
Lawrence *******
@Ryan ***
Not if you are American and use the Treaty of Amity to set up a legitimate company. Can be owned 100%. Requires no Thai partner.
Ryan ****
@Lawrence ******
i dont think it applies to land ownership.
Peter *********
NO 👎
Bucky ********
yes she will own 100% and you pay for it
Christopher ***********
@Bucky *******
Absolute truth!
Christopher ***********
Went to our local land office with my Thai Mrs and the wife of our (her) house builder. The officer very clearly explained in excellent English that although my signature was required on the deeds it doesn’t in any way make the house mine. I was, apparently, signing in the capacity of ‘guarantor’. Didn’t know what that meant and still don’t!
Sasi ************
@Christopher **********
There is a doc you must sign. That doc stated that it’s HER and HER only you have no intention of claiming it nor you have any right to do so.

I’ve attached the mentioned doc here;
*****************************************
แบบหนังสือรับรอง_ที่ดิน.pdf
Christopher ***********
@Sasi ***********
Thank you. My phone won’t open it but I’ll try tomorrow on my laptop.
Marty *********
You can buy a condo in your name but not a house. Condo or house, don’t buy anything you aren’t willing to walk away from.
Greg *********
No
Thai Visa Advice and Everything Else
... members · 60% approval rate
The Thai Visa Advice And Everything Else group allows for a broad range of discussions on life in Thailand, beyond just visa inquiries.
Join the Group
Thai Visa Advice and Everything Else
View the Conversation
Thai Visa Advice and Everything Else