Can I buy land on my Thai spouse's name?
Foreigners married to a Thai national can't own land themselves nor can they own land as a joint property with a Thai spouse but the Land Department will allow transfer of ownership of land to the Thai national who is married to a foreigner after a joint statement letter of confirmation by the couple stating that the money expended on the land is personal property of the Thai spouse and not a Sin Somros or marital property between husband and wife (i.e. under section 1472 of Civil and Commercial Code the land will in this case become a personal property of the Thai spouse). This requirement is based on a regulation issued by the Ministry of Interior (March 1999).
It would not be allowed for a foreigner to have joint ownership in land with his or her Thai spouse in Thailand under the Land Code Act. The land and in practice often the land and house will be registered in Thai spouses name as a personal property, not as a joint marital property between husband and wife. As a personal property of the Thai spouse it the property will be managed by the Thai spouse.
Foreigners can protect their interest in the property by entering into a separate usufruct agreement 
with their Thai spouse, or in case of undeveloped land a Right of Superficies. Secondly, it's only the land aspect of the property that is restricted for foreign ownership, not the structures upon on the land or immovable property as a whole. Foreigner are allowed to have joint ownership over the building upon the land with the Thai spouse, or even sole ownership over the structures built upon the land. If the foreigner has registered joint ownership over the house he prevents sole management by his spouse over the property as a whole (land and house). The spouses would require mutual consent to manage the property. Ownership or co-ownership must be registered at the Land Department. In this case it is not possible to also register a usufruct, but in case of undeveloped land a Right of Superficies is possible.
The right to avoid any agreement between husband and wife in section 1469 of the Civil and Commercial Code will have partly effect on registered real rights like the right of usufruct or superficies (as long as they are registered on the title deed at the Land Department). In this case the Thai spouse would need a Court order to cancel the usufruct agreement , therefore making registered real rights an acceptable protection for a foreign spouse. Even though the usufruct could be avoided or canceled in Court in a divorce , however the land (or value) will not per definition be allocated to the Thai spouse.
Protection in case of land and house purchase in the name of the Thai spouse:
- (a) agree on the registration of a Right of Usufruct in favour of the foreign spouse, or;
- (b) separate land and house and register the structure upon the land as joint or personal property of the foreign spouse. (in this case an additional Right of Usufruct is not possible, but as a general protection keep a record of all documents and payments made to be used as proof in case of a divorce), or;
- (c) land and house is registered in the Thai spouse's name and the foreign spouse accepts full management and ownership by his or her Thai spouse.
In case of undeveloped land purchased by the foreign spouse in the Thai spouse's name the options are:
- (a) agree on the registration of a Right of Superficies in favour of the foreign spouse
- (b) apply for the building permit in the foreign spouse's name (option a an b guarantee full ownership of the structure and use of the land by the foreign spouse)
- (c) the building permit is in the name of both spouses and de house becomes a joint property (in this case a Right of Superficies is not possible, but as a general protection keep a record of all documents and payments made to be used as proof in case of a divorce), or;
- (d) the land and building permit is in the Thai spouse's name and the foreigner accepts full ownership and management by his or her Thai spouse.
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