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CFIT

Illegal To Use Thai Spouse As Nominee In Land Ownership

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CFIT    0

Land purchase through Thai spouse forbidden: Land Dept

PHUKET CITY: The director general of the Land Department has reiterated that foreigners using Thai nominees to buy land anywhere in the country will have their land title deeds revoked if caught – even if the nominee in question is a lawfully wedded spouse.

Land Department Director Anuwat Meteewiboonwut made the comments during a recent stop in Phuket as part of a nationwide inspection tour of 30 provinces.

The tour is aimed at improving public services by land officials in three areas: dress, conduct when dealing with the public and working harder to eliminate a backlog of work.

Many members of the public have complained that it takes up to a year to complete a transaction that should only take one day, he said.

Mr Anuwat, a former governor of both Phang Nga and Samut Prakan provinces, said he was satisfied on the first two points, but rated the general level of success among land officials nationwide at speeding up their work rate at “only 30%”.

The next round of inspection tours will come in July, after which time personnel changes will be considered if service does not improve, he said.

“We have to keep pressure on them, otherwise the work will not get done,” he said.

As for foreigners seeking to buy homes in Phuket, they can do so through the Condominium Act, which allows foreign ownership of up to 49% of any project, he said.

Foreigners cannot use a Thai spouse as a nominee to buy property in Thailand, however.

“If the Thai spouse has enough money to buy the house that is fine, but if the Thai has no money and uses money given to him or her by a foreigner to acquire property, that is against the law. If we check and find out later that a Thai person has been using money from a foreigner to buy land anywhere in Thailand, we will revoke title deeds,” he said.

Mr Anuwat said the provisions of [Ministry of Interior] ministerial order 43 makes it difficult to issue land documents quickly, as it requires action from a number of different agencies. Desire for land on the island has also led to encroachment problems here, he said.

As a key market for property companies, Phuket is a constant source of problems and complaints to the director general’s office, he admitted.

“We will try to resolve these problems and develop our personnel continuously in order to provide high quality services. Fortunately the governor of Phuket used to work in the Land Department, so he understands the procedures and can help co-ordinate all the agencies involved,” he said.

Mr Anuwat was speaking of Phuket Governor Wichai Phraisa-ngop, who served as Land Office director in Nakhon Pathom in 1997 and as deputy director of the Land Department nationwide in 2003.

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-- Phuket Gazette 2009-05-27

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CFIT    0

A fine example of Thailand ignoring its own laws until it has enough flies in the web, then sudden enforcement .

It's time to say ....Sayanaro to foreign investment

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churchill    414

So is it illegal for a husband to loan his wife money ?

"If the Thai spouse has enough money to buy the house that is fine, but if the Thai has no money and uses money given to him or her by a foreigner to acquire property, that is against the law. If we check and find out later that a Thai person has been using money from a foreigner to buy land anywhere in Thailand, we will revoke title deeds,” he said."

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churchill    414

Do they want to encourage investment or not - If not lets all bugger off back home !

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wolfmanjack    351

Since most of the thai women that purchased land using the foreign husbands money have the land registered using a non thai surname it would not be hard for them to come up with thousands of land deeds to check on. It also would not be too hard for them to prove that the thai lady did not have funds that were not derived from the husbands activities, in most cases. However this would create a huge uproar about the thai womans rights to use joint income to buy land. After all according to thai law the income of both spouses is common property after marriage even if the income generating assets were owned by the husband prior to marriage. So if the couple had been married for several years then she could say that 50% of all the income while they were married is her own , right ??

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meom    258
So is it illegal for a husband to loan his wife money ?

"If the Thai spouse has enough money to buy the house that is fine, but if the Thai has no money and uses money given to him or her by a foreigner to acquire property, that is against the law. If we check and find out later that a Thai person has been using money from a foreigner to buy land anywhere in Thailand, we will revoke title deeds,” he said."

Interesting question specially if you take into account marriage law (as far as that exists in Thailand). Wouldn't it be correct to say that without prenuptial the wife is anyway entitled to 50% of husband money and vice versa so if you loan her 100 baht you'r actually loaning her 50 baht since 50 baht are hers to start with :)

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BakMah    0

Next time over there, withdraw every baht from her accounts, burn the bankbooks and open a new account at a different bank.

Anybody who already "owns" land through the spouse has a better idea how to beat the system? How else can they proof that the money used to purchase the land came from you and wasn't legitimately earned by your Tirak?

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steelepulse    3,385

I can't see how this would be enforceable.  Who's to say that the money wired into the wife's account isn't hers from an overseas partnership business with her foreign spouse? And what was the deal that is signed at the land office saying that the money used to buy the land was in fact from the Thai spouse, not the foreign person? 

I find the below quite hilarious: 

"The tour is aimed at improving public services by land officials in three areas: dress, conduct when dealing with the public and working harder to eliminate a backlog of work.

Many members of the public have complained that it takes up to a year to complete a transaction that should only take one day, he said.

Improving in dress? <deleted>?  Conduct? Are they now not going to want some tea money to expedite things, nor a big envelope to say that such and such land is not encroaching on gov't land.  Can't see this happening.  Backlog taking a year?  Why is that?  All  property transactions that I am familiar with took a day at the office and that was it.  

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churchill    414

To be honest I wouldn't take this statement too seriously - He is probably correctly stating the law - but whether it is enforced is another thing and there seem to be ways of getting around laws if one seeks good advice - and the courts in Thailand are not know for quick resolutions of any case - So i think continue as before .

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SMEEERE    0

It will matter not as loan when translated into thai is gift, so, the wife is the rightful owner, no problem, next !

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churchill    414
It will matter not as loan when translated into thai is gift, so, the wife is the rightful owner, no problem, next !

Not true

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SMEEERE    0
It will matter not as loan when translated into thai is gift, so, the wife is the rightful owner, no problem, next !

Not true

Winnie, my post was in jest ,but, with a twist of truth,

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steelepulse    3,385

Another thing I wonder is what if you transfer title deed to one of your kids?  Are they going to take that too?  This whole scenario is a big can of worms that will only bring more bad press and investment pullouts of Thailand if they actually did try and enforce this and take property away from one of it's citizens.

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cognos    1
It will matter not as loan when translated into thai is gift, so, the wife is the rightful owner, no problem, next !

After we were married my father in law gave 1.75 acres in Phuket to my wife and I..of course I don't consider it my property at all,but its a great piece of land on a hill with lots of ocean breeze.

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Another thing I wonder is what if you transfer title deed to one of your kids?

yes you can, and there are a few thaivisa threads on this issue.

there are a number of issues that you need to make yourself aware of before going down this path - pros and cons that means it won't suit everyone

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BANGKOK 21 September 2017 06:53
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