How to transfer my condo to my Canadian daughter?

I'm planning to marry a Thai lady. To prevent any future problems should the marriage fail I want to transfer my Pattaya condo to my daughter. Can you advice me with the legal side of this?

Posted in Buying a Condominium, asked by Bill, One year ago. 822 hits.

bangkoklawonline

Property that you own before the marriage, like your condo, remains your personal property after the marriage and your future Thai wife can't claim this property after the marriage or in a divorce, nor has she any rights towards it under Thai marriage or matrimonial property laws in Thailand. You could make a prenuptail governing this aspect before the marriage.

Transfer of ownership of a condo unit to another foreigner (your daughter) is restricted in a way that you can gift the condo to your daughter, but still she must qualify for foreign ownership under the Condominium Act. The fact that you qualified for ownership does not qualify her for ownership. So you can gift the condominium unit to your daughter but she cannot register ownership with the Thailand land department.

To qualify for ownership you have to look at the Condominium Act section 19. A similar situation exist for inheritance of a condominium apartment unit by a foreigner (say your daughter would inherit the condo). The following foreigner are 'eligible' for foreign apartment ownership registration:

  • Aliens permitted to have residence in the Kingdom under the Immigration law;
  • Aliens permitted to enter into the Kingdom under the investment promotion law;
  • Juristic persons as provided in Section 97 and 98 of the Land Code and registered as juristic persons under Thai law;
  • Juristic persons which are aliens under the Announcement of the National Executive Council No.281 dated November 24, B.E. 2515 and have obtained promotion certificate under investment promotion law;
  • Aliens or juristic persons regarded by law as aliens who have brought in foreign currency into the Kingdom or withdraw money from Thai baht account of the person who have residence outside the Kingdom or withdraw money from a foreign currency account.

Nad
One year ago
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