Land Acquisition
by a Thai National Married to a Foreigner
A Thai national married to a foreign national may acquire land in Thailand, but Land Office practice requires confirmation that the land is purchased as the personal property of the Thai spouse and not as marital property jointly owned with the foreign spouse.
At the time of land ownership registration, the Thai spouse and the foreign spouse are generally required to confirm to the Land Office that the funds used for the purchase are the personal property of the Thai spouse under Sections 1471 and 1472 of the Civil and Commercial Code, and not money belonging to the foreign spouse or jointly owned marital property (Sin Somros) between husband and wife. This is usually done by signing a Land Office confirmation letter stating that the money used to purchase the land is the separate personal property (Sin Suan Tua) of the Thai spouse. The purpose of this administrative requirement is to ensure that the land is registered and managed in the Thai spouse’s name alone, and not treated at the Land Office as jointly owned land with a foreign spouse.
However, this Land Office confirmation should not be misunderstood as an absolute rule overriding Thai marital property law. Under Section 1474 of the Civil and Commercial Code, property acquired during marriage is generally presumed to be marital property (Sin Somros) unless it falls within a lawful exception or can be proven to be separate property.
In Supreme Court Decision No. 1523/2565 (2022), the Supreme Court confirmed that an administrative statement or Land Office confirmation concerning land registered in the Thai spouse’s name does not by itself override the marital property rules of the Civil and Commercial Code. Depending on the facts, a foreign spouse who contributed personal funds toward the acquisition may still have a claim for reimbursement or marital property division, even though the land itself cannot be owned by the foreign spouse.
The Land Office confirmation is therefore important for land registration purposes, but it does not necessarily prevent later disputes between spouses concerning contributions, reimbursement, or division of marital property under Thai family law.
Land Ownership Registration in the Name of a Thai Spouse Married to a Foreigner
Land Office Confirmation or Certify Letter
The above land office letter of confirmation or certify letter is based on a regulation issued by the Ministry of Interior issued March 23, 1999. Prior to this date a Thai married to a foreigner strictly spoken lost the right to acquire land because such purchase could create joint land ownership between the foreign and Thai spouse (sections 1470 to 1474 civil code) or the Thai could be considered acting as the agent on behalf of the foreign spouse which is both illegal under the land code act.
(source: Ministry of Interior regulation dated March 23 1999)
Acquisition of land by Thais having spouses being foreign
The procedure for the acquisition of land by Thais having spouses being foreign nationals, either by lawful marriage or unlawful marriage (without proper registration like a common-law marriage) and children of foreigners have been changed to be as follows:
- Any Thai having a foreign spouse may purchase or accept land as a gift with no consideration and register the ownership of such land during marriage under the condition that the spouse must jointly provide a written legal confirmation stating that the entire source of funds for such purchase or gift is solely from the Personal Property (such as defined by Thai laws) of such Thai.
- Without written confirmation from a foreign spouse, the request for such registration must be referred to the Land Department in order to obtain an approval from the Minister.
- Any foreigner's minor having Thai nationality may purchase or accept land as a gift with no consideration and register the ownership of such land if it does not appear after investigation that he/she has done so to avoid the law'
For the procedure of the purchase of land by a Thai national married to a foreigner the Thailand Land Department of Thailand issued a further specification on the land acquisition procedure:
Land office procedure, source: Thailand Land Department:
suggestion principle for acquisition of land by a Thai who has a foreign spouse
A Thai, who has an alien spouse (legal or illegal), would like to purchase land, an alien spouse has to confirm in a certify letter that the spending on land is his/her separate property (sin suan tua) or personal asset. The proceeding of certify letters are as follows:
1. In case an alien spouse lives in Thailand:
1.1 In case an alien is a legally spouse, a Thai and an alien spouse have to give joint confirmation in certify letter according to the forms which were specified by the Department of Lands in front of the competent officer in the date of registration of rights and juristic act that the spending on land is sin suan tua (personal property) of a Thai not sin som ros (marital property between husband and wife) of the spouse.
1.2 In case an alien is an illegally spouse, a Thai and an alien spouse have to give joint confirmation in certify letter according to the forms which were specified by the Department of Lands in front of the competent officer in the date of registration of rights and juristic act that the spending on land is personal asset of a Thai only not common property.
2. In case an alien spouse lives in Thailand but could not proceed according to No.1: In case an alien spouse lives in Thailand but in the date of registration an alien could not give written confirmation together with a Thai in front of the competent officer at the registration land office. A Thai and an alien spouse shall lodge the application of testimony form for confirming that the spending on land is sin suan tau or personal asset of only a Thai not sin som ros or common property by lodging the application to the competent officer at provincial land office or any branch land office.
3. In case an alien spouse lives in oversea and could not lodge the application of testimony form according to No.1 and No.2. An alien has to contacts the embassy, consular or notary public for giving testimony of an alien spouse in certify letter according to the forms which were specified by the Department of Lands that the spending on land is sin suan tau or personal asset of a Thai not sin som ros or common property one. The embassy, consular or notary public has to certify that person, who applies for certify letter, is truly spouse or they live together as husband and wife with a Thai. After, a Thai who would like to purchase land shall bring original of certify letter to the competent officer for registration of rights and juristic act accordingly.
4. In case a Thai who has legal or illegal alien spouse, if a Thai could show the evidence indicates that the spending on land is sin suan tau or personal asset according to section 1471 and section 1472 of The Civil and Commercial Code, the competent officer could registers rights and juristic act for a Thai without testimony form of Thai nationality and an alien spouse according No.1 – No.3.
5. In case a Thai, who has alien spouse, purchased land before 23 March B.E. 2542 but informed or submitted a false document declaring that he/she is single. For relaxation of rule to a Thai, who has legal or illegal alien spouse, purchased or owned land after the date of marriage. And a Thai informed or submitted a false document to the competent officer declaring that he/she is single or a Thai has no alien spouse prior to the date of issuing letter of Ministry of Interior, Urgent No. MOI 0710/Circulation 792 dated 23 March B.E. 2542. An alien spouse and a Thai shall together give a written confirmation in certify letter in front of the competent officer that the spending on land is Sin Suan tau or personal asset of only a Thai not sin somros or common property one. After, the competent officer retains documents in dealing file. If an alien spouse who lives oversea and could not give written confirmation together in front of the competent officer, an alien has to contacts the embassy, consular or notary public for giving testimony of an alien spouse in certify letter according to the forms which were specified by the Department of Lands that the spending on land is sin suan tau or personal asset of a Thai not sin som ros or common property one. The embassy, consular or notary public has to certify that person, who applies the certify letter, is truly spouse or they live together as husband and wife with a Thai. After, a Thai who would like to purchase land shall bring original of certify letter to the competent officer for retaining documents in dealing file.
found on samuiforsale
Divorce and land ownership
Registration of the land as the personal property of the Thai spouse generally means that the Thai spouse has sole ownership and management rights over the property at the Land Office level. In principle, property properly classified as personal property (Sin Suan Tua) is not subject to equal division between husband and wife upon dissolution of the marriage. However, classification of property between spouses under Thai family law may still become subject to dispute depending on the source of funds used for the acquisition of the property and the factual circumstances surrounding the purchase. Read more: Who gets what in a Thai divorce...
In Supreme Court Decision No. 1523-2565 (2022), the Supreme Court confirmed that a Land Office confirmation letter signed during registration does not automatically override the marital property provisions of the Civil and Commercial Code. Even where land and a house are registered solely in the Thai spouse’s name, property acquired during marriage may still fall within the marital property regime under Section 1474 unless a lawful exclusion applies.
Depending on the circumstances, a foreign spouse who contributed personal funds toward the acquisition of the property may therefore still have claims relating to reimbursement, contribution, unjust enrichment, or marital property division, even though foreign ownership of the land itself remains prohibited under Thai law.
Possible Protection Options
Where land and house are registered as the personal property of the Thai spouse, possible legal protection structures may include:
- registration of a right of usufruct in favor of the foreign spouse granting long-term rights of occupation, use, and management over the property;
- separation of ownership between land and building, with the building registered as the personal property of the foreign spouse or jointly owned structure under a right of superficies;
- registration of the land and house solely in the Thai spouse’s name with the foreign spouse accepting sole ownership and management rights by the Thai spouse.
Where undeveloped land is registered as the personal property of the Thai spouse, possible protection structures may include:
- registration of a right of superficies in favor of the foreign spouse;
- obtaining the building permit in the foreign spouse’s name in combination with superficies or usufruct rights, which may strengthen ownership rights over the structure and long-term use rights over the land;
- registration of the land and building permit solely in the Thai spouse’s name where the foreign spouse accepts sole management and ownership rights by the Thai spouse.
Where possible, the foreign spouse should also be registered in the house registration book (Tabien Baan) of the property or obtain a separate yellow house book (Thor.Ror.13) available for foreigners residing in Thailand.
Agreements Between Husband and Wife
Under Section 1469 of the Civil and Commercial Code, agreements concluded between husband and wife during marriage concerning personal property or marital property may under certain circumstances be revoked, modified, or challenged during the marriage or within one year after dissolution of the marriage. This may include agreements, gifts, acknowledgements, or property arrangements made during the marriage relating to land acquisition, reimbursement, or ownership structures between spouses.
In practice, this means that a Land Office declaration, gift acknowledgement, or property arrangement signed during marriage does not necessarily eliminate all future legal claims between spouses. Depending on the circumstances, Thai courts may still examine contribution of funds, marital property classification, reimbursement rights, and possible claims relating to unjust enrichment.