Land ownership by foreigners in Thailand

Foreigners are not allowed to own land in Thailand. According to section 86 Land Code Act foreigners may acquire land in Thailand only by virtue of the provision of a treaty providing him with the right to own immovable property. Since 1970 Thailand has no longer any treaty with any country allowing any foreigner to acquire land pursuant to section 86.

Foreign land ownership part II

Thai real estate law does not allow outright ownership of land (real property) by foreign nationals. Thai nationals and Thai owned corporations are permitted to own land under Thai land laws. Foreign nationals and corporations are allowed to own apartment units in a condominium.

Marital home, but is it a marital asset?

Home ownership registration on your Thai spouse's name

When a Thai national married to a foreigner requests ownership registration of land in Thailand the Land Department must insure that the land becomes a personal (non-marital) asset of the Thai spouse only. The reason is because foreigners are not allowed to own land in Thailand, not even as a jointly owned marital property. The Land Department will ask from the foreign and Thai spouse a joint declaration that the money expended on the land (or land and house) belongs to the Thai spouse's personal assets (Sin Suan Tua), and therefore (under Thai laws governing property of husband and wife) will remain a personal (non-marital) asset of the Thai spouse (pursuant to {tip section 1472::'As regards to Sin Suan Tua (personal property), if it has been exchanged to other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall be Sin Suan Tua. Where the Sin Suan Tua has been totally or partly destroyed but replaced by other property or the money, such other property shall be Sin Suan Tua (personal)'}section 1472{/tip} Civil and Commercial Code).

Land laws - limited companies and foreign ownership

Foreign land ownership by individual foreign nationals in Thailand can only be allowed pursuant to a treaty (section 86 of the Land Code Act) or following a procedure pursuant section 96 bis of the Land Code Act. Both options require permision of the Minister of Interior. The land code act also limits the rights of certain categories of Thai juristic persons, like limited companies with foreign participation/ ownership.