Marriage does not change the ban on land ownership
Even if you are married to a Thai national, as a foreigner you may not own land. When a couple buys land or a house with land, the land is registered in the Thai spouse's sole name. This is legal and common. What matters is how the foreign partner is protected.
The declaration at the Land Department
At the transfer, the Land Department usually requires both spouses to declare in writing that the money for the purchase belongs personally to the Thai partner (Thai: sin suan tua, personal property). As a result, the land becomes the Thai partner's personal property rather than joint marital property.
This declaration is routine, but it has consequences: your contribution to the purchase no longer appears anywhere on the title. Ask to see and have the wording explained in advance, rather than seeing it for the first time at the counter.
How to protect yourself
Usufruct: A usufruct registered in your favour gives you a lifetime right to live in and use the property, even if the marriage changes or your partner dies.
Superficies: If you paid for building or buying the house, the building can be registered in your name through a superficies. The house then belongs to you, separately from the land.
Record gifts or loans in writing: For every payment to your partner, record in writing whether it is a gift or a loan. Uncertainty about this is one of the most common causes of later disputes.
Wills on both sides: Coordinated wills for both partners ensure that the land, the house and your rights pass on as you intend in the event of death.
The right time
This protection is easiest and cheapest to set up at the time of purchase. Anyone left without registered rights years later often has few options, especially if the relationship is already under strain. Discuss the subject openly while both partners agree. This is not a sign of mistrust, but sensible planning for both of you.
Our advice
- •Agree together in advance who contributes what and how it is documented.
- •Have the usufruct and superficies registered at the purchase, not later.
- •Make or update your wills at the same time.
- •Where possible, see an independent lawyer together, so that both partners receive the same explanations and can ask their own questions.