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Foreigners married to a Thai national can’t own land themselves but the Land Department will allow transfer of ownership of the 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. This procedural requirement is based on a regulation issued by the Ministry of Interior (March 1999), which is based on the principle of section 1472 of the Civil and Commercial Code that if personal property has been exchanged for other property during the marriage (in this case land) that property becomes and remains a personal property, and not a joint marital property between husband and wife. This way the foreign spouse does not obtain ownership rights in the land based on Thai family laws, ‘property between husband and wife’. That is, as a personal property of the Thai spouse, the Thai spouse has sole management of the property (she can sell, encumber the property), and as a non-marital property the real property is not subject to an equitably division between husband and wife upon termination of marriage.

In wanting to evade payment of legal fees, many resort to purchasing these “services” via online legal providers. Contracts and agreements are paid by templates and parties are merely required to fill-in their particulars to complete the instrument. This has proven to be enticing to many, the forethought of savings being their greatest consideration. However, consequences are realized much later, when unexpected twists surface and unpleasant results unfold. In the end, parties are left with no choice but to redo what has been done before, or to go to court for an unpleasant legal battle. This of course, translates to more expenses which should have been avoided from the beginning.

Note that work under the Foreign Employment Act is described very broadly, i.e. working by exercising one’s physical energy or employing one’s knowledge, whether or not for wages or other benefits. The law does NOT define work as doing something in return for financial or any other reward. Working without a valid work permit leads to fines, possible imprisonment and deportation out of Thailand. To be able to legally work in Thailand the foreigner must have a valid visa and a work permit issued in his name. Secondly, foreigners are only allowed to perform work that does not violate the Alien Employment Act (i.e.not engage in work prohibited for foreigners). What the foreigner is allowed to do and where under his work permit is described in the work permit. For example, foreigners working for 2 different companies doing the same work, must have 2 work permits, one for each company.

Foreign corporations operating a business in Thailand may for the duration of their business in Thailand obtain special privileges and exemptions for land ownership through the Board of Investment under section 27 of the Investment Promotion Act and under section 44 of the Industrial Estate Authority of Thailand Act or section 65 of the Petroleum Act. This exemption requires large investments and is limited to the duration of their business. We have helped a growing number of clients find the right lawyer for their specific case in Thailand. Using a lawyer requires both trust and reliability. That is why the lawyers in our partner program undergo an admission process to ensure our network only consists of the best English-speaking lawyers in Thailand. Our extensive network of lawyers helps us find the ideal lawyers for your specific case. Find more info at https://3lawyersthailand.com/.