Answered9 months ago
If I build a house in Thailand on a Non-O retirement visa and later marry, what are my rights regarding the house?
Hello all,
I need some advice, If I was to come to Thailand on Non O based on retirement and build a house, then get married afterwards and change my visa to a marriage visa would she still be allowed rights to the home?
I need some advice, If I was to come to Thailand on Non O based on retirement and build a house, then get married afterwards and change my visa to a marriage visa would she still be allowed rights to the home?
Answer summary
The discussion centers around the complexities of owning property in Thailand as a foreigner, particularly for someone on a Non-O retirement visa who intends to build a house. Key points raised include that foreigners cannot own land; they can only lease it, typically for a maximum of 30 years, while legally owning the house. It is crucial to engage a good lawyer to structure agreements properly to secure rights over the house and land. Additional considerations regarding marriage suggest that any property owned before marriage typically remains solely that of the owner unless legally defined otherwise after marriage.
88 repliesnewest first
Click comment and we will ask for your email, then OTP, then name.
Michael ********
Stay home. Thailand is no what is used to be
Rene ********
Lol
Oo *****
How does a Farang build a house in his name in Thailand. Though that was a no go.
Steve *********
The best piece of advice I have read is this, put money In that you can afford to walk away from. !
Bret *************
Buy a condo and don't get married, just find a lovely girlfriend
Mike ******
OPAnother rather unrelated question, She wants to buy a truck, I do not want to buy the truck outright, instead I would give her a deposit for the truck and put the truck in her name and let the payments be made by either myself or her, so if shit hits the fan shes stuck paying for a truck she cant really afford. Is that a good thing or being an asshole
Sammy *********
Mike Dias Quisiera contestar pero aquí hay idiotas que se creen lo saben todo
Mike ******
OP@Sammy ********
de certezaSammy *********
Mike Dias
Gracias, hasta luego y mucha suerte
Gracias, hasta luego y mucha suerte
Mike ******
OPThank you everyone, alot of the answers I already knew. Ex... not being able to own land etc..... I just wanted to know if I were to own the house soley pre marriage, and then after marriage
Sammy *********
Mike Dias
Welcome anytime
Welcome anytime
Mark *********
whatever you want
Ralph *******
You need to buy land to build a house, and as you’re not a citizen you are not entitled to own land. So, I suggest you stop there unless your intention is to lease.
David *********
I tried and after 3 million baht I walked away with 400,000baht
Steven *******
Non-Thais cannot own land. They can own the house and lease the land but not own the land.
Ralphy *****
Get 30 year lease to protect yourself after putting in her name to buy. That way you have TOTAL control should you separate in future. Don't buy if she not agree to lease, you'll know consequences
Andy **********
Everything he owns pre marriage is his, not hers.
She has no rights to anything pre marriage.
He is not buying or leasing the land from his intended is he ?
She has no rights to anything pre marriage.
He is not buying or leasing the land from his intended is he ?
Mike ******
OPAndy Johnston I am buying the land under her name from her sister
Adrien ******
The question is in what entity would you hold that house and land in and the procedure in which you marry ?
It's impossible to negate risk to 100% here even if you have used a Lawyer as if the partner has malice aforethought you will lose even if you have the best of intentions. There is always a way to remove an asset from a foreigner's control in Thailand even if on paper you control it because legislation is not designed to be "strangle proof". Lawyers when dealing with asset registrations are merely agents.... And there's a million of those here.
It's impossible to negate risk to 100% here even if you have used a Lawyer as if the partner has malice aforethought you will lose even if you have the best of intentions. There is always a way to remove an asset from a foreigner's control in Thailand even if on paper you control it because legislation is not designed to be "strangle proof". Lawyers when dealing with asset registrations are merely agents.... And there's a million of those here.
Peter *******
Don’t be stupid 🤷♂️🤷♂️
Andy **********
Peter Beaumont fools that put everything! in their Thai wife/girlfriends name, it's them that looses everything if it all goes wrong.
Dave ****************
You may...to protect yourself, register a lean against the land ..money owing to you ...which will be officially put on the Chanote ...that money has to be paid back before the land can be resold ...it's a little insurance for you
Sammy *********
Mike, you asked and many here are giving you good advice. All I'm saying is take your time, what's the rush? Love can make us do stupid things; believe me, I understand.
Ian **********
Under Thai law, anything you own before you marry is not considered community property. When you marry, you can list your existing assets officially just to avoid confusion. However, building and owning a house is a totally different matter.
Alan **********
Yes
Sean ********
Mike
You can make all the contacts you want, but if you separate, in the long term, and short term your fucked.
I’m not saying don’t do it, because I have done it, and at the moment I’m very happy 😀
But you need to be prepared to walk away from it all, and have a plan B.
All the best to you 👍
You can make all the contacts you want, but if you separate, in the long term, and short term your fucked.
I’m not saying don’t do it, because I have done it, and at the moment I’m very happy 😀
But you need to be prepared to walk away from it all, and have a plan B.
All the best to you 👍
Narong *******
Just curious...Let's assume your wife or a Thai Person own the land and the house......but as you paid for it ....Could you put a charge on the property (the same amout it cost you to buy/build it....and not enforse it at the moment.....but Just in case something goes wrong along the years and you decide to separate ....Maybe you could Claim that amount so if she doesen't have it she will have to sell the house .....Will that be accepted? wondering
Peter **********
Lease is for 30 years max
House is effectively worthless if you don’t own the land
Have you ever tried to sell a car or motorcycle to a Thai
Or even a Thai Car dealership ?
Anthony Woodfield
House is effectively worthless if you don’t own the land
Have you ever tried to sell a car or motorcycle to a Thai
Or even a Thai Car dealership ?
Anthony Woodfield
Andy **********
If leases, superficies or a usafruct agreement, is completed at the land office, and your name is added to the back of the chanote, it is legally binding, you basically cannot be kicked off the land, I think a lot less expat foreigners, are get ripped off these days, with all the online information, I bought my car from a dealership, they completed the name transfer in the blue book, into my name at the DLT, I just needed to get a resident certificate, the bike I bought privately, and did that myself, of course all the documents needed to be present, if it's a foreigner you also need visa copies etc.
Peter **********
Andy Williams
I’m aware of all that
But if members of the family who actually own the land move into the house what do you do ?
I’m aware of all that
But if members of the family who actually own the land move into the house what do you do ?
Andy **********
Peter Beaumont it is irrelevant who owns the land, if you have a legally binding lease, usafruct or superficies agreement, and you haven't broken any of the terms and conditions, you tell them to leave they are trespassing, if they refuse, contact your solicitor/lawyer, you would probably need to take it to court, and involve the head village man and the police, I can tell you one thing, I wouldn't just walk away without a fight, some Thai families, think they can just do anything they want to, even if you buy land and a house in your wife/girlfriends name, and don't have a lease, you can still take it to court, but you need to have proof, that you gave her the money to purchase it, to have any chance of recovering any of the lost money, the court can force the sale of the house and land, to recover any debt.
Andy **********
Peter Beaumont a land usafruct agreement, is apparently for a lifetime, he can own the house himself, if it all went wrong, in theory he could sell the house below market value, and transfer the land lease to another person, someone would buy it cheaper, just to live the rest of there life in the house, cars and motorbikes, you can buy in your own name, and sell them yourself, you would still need to be in Thailand to achieve it.
Peter **********
Andy Williams
The ex pat Thailand pages are full of stories about failed relationships where the ex pat has been royally had over by the Thai legal system in relation to house and land ownership and leases
As to cars and motorcycles, have you ever tried to that
Even to a car main dealer ?
The ex pat Thailand pages are full of stories about failed relationships where the ex pat has been royally had over by the Thai legal system in relation to house and land ownership and leases
As to cars and motorcycles, have you ever tried to that
Even to a car main dealer ?
Jamie **************
It's she Thai?
House yes
Land ???
House yes
Land ???
Lafronde *********
Le terrain sera à son nom tu seras propriétaire de la maison avec une location du terrain sur 30 ans garantie par l’état et 60 ans sur contrat avec elle pour cela prendre un bon avocat
Je suis entrain de faire la même chose que toi mais je me suis déjà bien renseigner
Je suis entrain de faire la même chose que toi mais je me suis déjà bien renseigner
Anthony ***********
Speak to Brian at Expat Lawyers for you, you Cannot own the land so have to lease it, you can take out various leases including usufruct and a superficies.
Many foreigners use both together:
• Superficies → own the house
• Usufruct → lifetime right to use the land
This gives maximum protection without violating Thai land ownership laws.
Many foreigners use both together:
• Superficies → own the house
• Usufruct → lifetime right to use the land
This gives maximum protection without violating Thai land ownership laws.
Andy **********
@Anthony **********
good advice.
James ********
One has nothing to do with the other.
Mike ******
OPSo in essence, if I move to thailand and some lady owns land that I want to build on, and she allows me to build with a 30year lease agreement, are you saying she owns 51% of my house?
Andy ********
Mike Dias hate to say this but if you're this concerned already then stay where you are because yes life could work out great in thailand for you but is one hell of a gamble. The fact you had to ask already concerns me. In thailand you are on the losing end legal wise.
Sammy *********
Andy Spence
Got that right, he is starting off on the wrong foot..... Many friends lost this and much more on their first try
Got that right, he is starting off on the wrong foot..... Many friends lost this and much more on their first try
Sammy *********
Mike Dias
Yes, and only if worked out by lawyer beforehand
Yes, and only if worked out by lawyer beforehand
Lafronde *********
Mike Dias non
Peter **********
Actually she will own all the house after 30years if she doesn’t want to renew the Lease
Peter **********
Simple answer
Anything you have bought or invested in outside your own Country,
Land , a house, a car even a motorcycle , you have lost
As you don’t know the rules or laws In that Country
Anything you have bought or invested in outside your own Country,
Land , a house, a car even a motorcycle , you have lost
As you don’t know the rules or laws In that Country
Mike ******
OPPeter Beaumont So what if the lady is just my girlfriend not wife.
Bill ********
Mike Dias hi Mike, best way to do it is get the land in her name, then you can lease the land for 30 years max then build the house in your name, this way you are protected for 30 years as the land and house is yours for 30 years. Get a contract lawyer to draw it up. If anything happens to the marriage you can ask her to leave. You can put the car in YOUR name.
Peter **********
Makes no difference, you have or will have lost it
Any thing you can’t fit in a suitcase or container stays here
You can’t export a car or motorcycle
You also can’t import these either
Thailand is for Thai people, the same as many other Countries
We have a car ,two scooters and a house in Bangkok
They are all in my wife’s name
Any thing you can’t fit in a suitcase or container stays here
You can’t export a car or motorcycle
You also can’t import these either
Thailand is for Thai people, the same as many other Countries
We have a car ,two scooters and a house in Bangkok
They are all in my wife’s name
Anthony ***********
Peter Beaumont he can have a car and a motorbike in his own name which he can sell inside Thailand.
He can lease the land and have a superficies for the building
He can lease the land and have a superficies for the building
Trustworthy************
Mike Dias gf is easier to walk away intact - wife absolutely not.
Sammy *********
Got news for you. When you buy a house IT WILL BE IN HER NAME...So don't worry about that.... What you should be asking if YOU have the rights to the house
Peter ********
@Sammy ********
buy under company. And a usufructRalphy *****
@Sammy ********
get 30 year lease after put in her name for FULL rights
Scott *********
@Sammy ********
he has no rights when she cleans him outSammy *********
Scott Brandon
Got that right
Got that right
Robert ************
@Sammy ********
i love it. my wife is going too buy new house in udon thani in her name with her money she saved here working in the usa. but she will let me live there for freeMike ******
OP@Sammy ********
Yes Thats what I said, caralho, Im not married yet Im going to stay on a retirement visa until I decide to get married, If we even do We just may live together.Sammy *********
Mike Dias
I r ad perfectly well what you said but you didn't understand what I was trying to tell you. You can but of a house ON HER LAND and the house will be at least 51% in HER name, so she will have more rights than you on that house. Understand now ? ( Didn't want to say it but you insisted)
I r ad perfectly well what you said but you didn't understand what I was trying to tell you. You can but of a house ON HER LAND and the house will be at least 51% in HER name, so she will have more rights than you on that house. Understand now ? ( Didn't want to say it but you insisted)
Sammy *********
Mike Dias
Even worse - you cant build or buy house as a foreigner. You are starting off on the wrong foot in Thailand. Just look and see what many foreigners have lost before they opened their eyes. We don't want you to make that mistake. Just sayin'
Even worse - you cant build or buy house as a foreigner. You are starting off on the wrong foot in Thailand. Just look and see what many foreigners have lost before they opened their eyes. We don't want you to make that mistake. Just sayin'
Anthony ***********
Mike Dias you can own the house 100%, the Lamb can be in your girlfriend’s name, your wife’s name, a Thai friend’s name, as long as you take out the correct lease
Mike ******
OP@Sammy ********
But we are not married
Ian ********
If you’re asking this question why are you getting married?
Mick *****
Ian Carman Yes , this exactly 100%.
Vinson *******
How will you build a house without land?
In fact. Why do you want to
Build a house , it’s complicated if you don’t speak Thai , ( imagine ordering materials , hiring trades , getting seevices , getting permits …)
And there are tons of housea for rent already in seeviced developments doe vwey eeasonable prices
In fact. Why do you want to
Build a house , it’s complicated if you don’t speak Thai , ( imagine ordering materials , hiring trades , getting seevices , getting permits …)
And there are tons of housea for rent already in seeviced developments doe vwey eeasonable prices
James ********
Vinson Dynes you sound like someone who has never done something irrational for the hell of it …. Just because you could … Life is a very short thing …. Fill it up I say
Mike ******
OPVinson Dynes I have a contractor that speaks very good english. I have the land.
Vinson *******
Mike Dias you didn’t disclose either of those little details
Unless you are Thai, how did you come to own land?
In any even , good luck. You already have aleeady made your bed
Hope you find a nice girl who won’t take it from you
Unless you are Thai, how did you come to own land?
In any even , good luck. You already have aleeady made your bed
Hope you find a nice girl who won’t take it from you
Robbie *******
Mike Dias will remain that way then
Mike ******
OPVinson Dynes The land is hers
Scott *********
Don't do it
Andy ********
The house yes but not the land it sits on. You can only lease the land. Only thai people can buy land.
Mike ******
OPAndy Spence I am fully aware of that, the land has already been purchased, by me Ill have to put the land inher name. But Im talking about the actual house.
Andy ********
Mike Dias well speak with a lawyer.
Tom ********
Mike Dias Yes you can own the house and lease the land from her but I advise getting yourself a good lawyer to set everything up correctly.
Activity
38 joined38
people
Related
25What are the CNI requirements for obtaining a Marriage Visa in Thailand and how does it relate to a Retirement Visa?
2.1k15273mo
What are the next steps after being approved for a Non-O retirement visa in Thailand?
6.9k251596mo
What are the requirements and advantages of obtaining a Non-O visa for retirement or marriage in Thailand before arriving?
5k221047mo
What are the current requirements for a Non-O Marriage visa extension in Thailand?
9.9k501797mo
What are my options for changing my visa from a Non OA based on marriage to a Non O based on retirement in Thailand?
2.4k25118mo
What are the requirements for changing from a marriage visa to a retirement visa in Thailand?
4.3k314410mo
What are the requirements for applying for a Non-O visa based on marriage in Thailand?
1.9k11211y
What are the visa options for expats looking to marry and apply for retirement and spouse visas in Thailand?
3k22262y
What are the requirements for extending a Non-O visa based on marriage in Thailand?
3.5k32225y
What are the steps and requirements for applying for a Non-O visa in Thailand based on marriage?
2.2k15225y
What is the process and requirements for extending a Non-O visa based on marriage in Thailand?
1.4k9115y
What are the requirements to extend a non-O visa based on marriage in Thailand during COVID-19?
987585y
What are the requirements for obtaining a Non-O visa based on marriage in Thailand and abroad?
1.3k8106y
What are the requirements for extending a Non-O marriage visa in Thailand?
3.1k28196y
How can I extend my non O marriage visa in Thailand, and what are the requirements for a one-year extension?
951496y
What are the requirements for renewing a Non-O visa based on marriage in Thailand?
1.4k9116y
What Are the Requirements for Extending a Multiple Entry Non-O Visa Based on Marriage in Thailand?
2.1k13246y
What Are the Requirements for a Non-O Visa Based on Marriage in Thailand?
932397y
What Are the Current Requirements for a Non-O Visa in Thailand Based on Marriage?
1.2k6137y
What are the requirements to extend my Non-O marriage visa in Thailand to a one-year multiple entry?
1k667y
What are the best visa options after a Non-O visa based on marriage and having a child in Thailand?
1.9k1788y
What are the requirements for extending a Non-O visa based on marriage in Thailand for 90 days?
1.8k1758y
What are the differences and benefits between a marriage visa and a retirement visa in Thailand?
4.9k43388y
What are the requirements and options for obtaining a Non-O visa in Thailand?
1.2k1019y
What are the requirements for extending a Non-O visa based on marriage in Thailand?
1.6k1449y
Resources
Need help with your retirement visa?
#1 visa agent · 4,000+ reviews · 100,000+ expats served