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If you are looking for some Laws of Thailand, in English, you came to the right place. It's often difficult if you can't read Thai to find out what you need. Our website is equipped with powerful search engines. With some efficient keywords, you should be able to find what you are looking for.

Remember that the constitution is the supreme law, the most important law of the country. Thailand has had many constitutions in its history. Another very important law is the Commercial and Civil Code. It regulates most of the life in Thai society, like marriage, property, inheritance, divorce, filiation, contracts, etc. However, some special laws may complete the Thai Commercial and Civil Code.

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In Thailand, the Commercial and Civil Code defines the essential guidelines about what constitutes property and its different forms. It is completed by several laws, like the Land Code, which are specific to some fields of Law.

This section regulates what the obligations of a buyer are or those of a person who sells real estate? Should you have a quality guarantee? Can a foreigner own land in Thailand? What about a house? What is a mortgage or other forms of priorities? What about condos? Are there special rules for foreigners? What about taxes? Who pays them and when do they have to be paid? What is a usufruct contract and how it can protect you?

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Published: 15/06/2009 at 12:00 AM
Bangkok Post

Guidelines for officials

 

The following summary is translated from a handbook for Lands Department officials to consider land acquisitions by Thai individuals with foreign spouses. It was issued on Dec 22, 2005.

 

- Thai individuals having both legitimate and illegitimate foreign spouses can acquire unlimited sizes of land as personal property. The couple has to jointly certify in writing on the date of title deed transfer that the money spent to acquire the plot belongs solely to the Thai partner and is not a common matrimonial asset.

 

- If the foreign spouse is in another country, he/she needs to present to a Thai embassy or consular office a certified letter that the money spent to acquire the plot belongs solely to the Thai partner.

 

- In cases where a Thai individual with a foreign spouse acquired land after marriage but prior to March 23, 1999 and falsely indicated marital status as single, the couple can go to a Lands Department office and jointly certify in writing that the money spent belongs solely to the Thai partner.

 

- After the certification, the Thai partner who owns the land can mortgage it.

 

- A Thai woman buys a plot of land by reporting her marital status as single and withholding the fact of her marriage to a foreign husband. She fails to prove that the money spent was her personal asset. Therefore, officials assume the money was a common matrimonial asset and revoke her ownership. She needs to transfer the ownership to someone else within 180 and 365 days.

 

- A Thai woman with a common-law foreign husband buys a plot of land at an auction by the Legal Execution Department. The court informs the Lands Department to transfer ownership to the woman but the department finds that the money to be spent is a common matrimonial asset. The Lands Department recommends to the Interior Minister that the purchase be prohibited.

 

- The Supreme Court has ruled to revoke ownership of a Thai woman who has her name on the land title deed on behalf of her foreign husband. Therefore, the land must be transferred to someone else within 180 and 365 days. Otherwise the Lands Department director-general can order the land transferred with a fee of 5% of the selling price, on top of incurred charges and taxes.

 

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