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Can I own a property in Thailand after marriage?

I am looking for an answer to a question I have regarding ownership of a property in Thailand. At the moment my Thai fiancé and I have a house in Issan in her name, however when we get married, is it possible as her spouse to own another property and have the house in my name and the land in hers?
Category: Family law, Inheritance
thai marriage home ownership
Asked 12 years ago
Larry
bangkoklawonline

Answers (1)

I would say no, maybe technically when you would transfer ownership of the house seperately, martrimonial property laws make it however difficult. Your right to own a house would relate to the right to use the land (superficies), and that would in the end be based on consent of your wife, but that can all be turned back as this aspect governed by the system of property of husband and wife as prescribed in the civil code (note section 1469). You can built in protection for your payments, with rights of usefruct or superficies, if from your personal property. It makes it more difficult for your wife to control the land and or house, but in a divorce, as long as you have kept your bookkeeping of personal and marital assets, the money trail would help you probably more to get some money back in a contested divorce. To make a long story short, I think you could make any investement in Thailand on the name of your wife, as long as you are willing to lose or fight for it in a divorce. And wen you decide to fight for it, it boils down in a court to what you can prove, e.g. payments coming from your personal assets. Anyway, try to get you name in the housbook as the owner with your spouse, when it is the marital home, as when she would like to sell it, without your consnet, she still would need your consent, unless a prenup has been made giving her sole authority.
Answered 12 years ago
Nadia
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