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localexpat

Planning to get married need advise re visa/wife's property rights

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Sorry if I have posted this in the wrong forum, it is partly related to Thaivisa.

I have lived in Thailand for about 35 years using work permits etc, now on a retirement visa.

I have been with my girlfriend for 35 years and have not got married as I heard she will lose rights to own land / property.

My girlfriend has a house and small fruit farm in her name presently.

My first question is what rights do Thai ladies have when they marry a foreigner.

Can they keep ownership of land and houses they have owned prior to getting married?

Can they own new property or land after they are married. 

All land and houses prior to and following getting married would be 100% in her name

Finally is it straightforward to change my visa from retirement to married visa?

For ‌info I am 67 not married before

Any advice most appreciated.

Thanks in advance

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5 minutes ago, localexpat said:

I have been with my girlfriend for 35 years and have not got married as I heard she will lose rights to own land / property.

That law was rescinded 2 decades ago when the 1997 constitution went in effect.

 

7 minutes ago, localexpat said:

Finally is it straightforward to change my visa from retirement to married visa?

You can change the reason for your extension of stay from retirement to marriage near the end of your current extension. Not hard to do but be sure you do not show enough financial proof for retirement.

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20 hours ago, ubonjoe said:
20 hours ago, localexpat said:

I have been with my girlfriend for 35 years and have not got married as I heard she will lose rights to own land / property.

That law was rescinded 2 decades ago when the 1997 constitution went in effect.

 

Haha, didn't you notice this had changed in the last 20 odd years ?

 

If you plan to marry, you'll need to do a bit a research on getting the correct documents ready too.

 

Nothing changes for your lady, she can even elect to keep using the same name, her marriage will be recorded on the national database as such.

 

What does change for you, is that you can inherit her estate, either in full with a proper will or part if she dies intestate.

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Hello 

 

Many thanks for your feedback to date, very interesting and very useful.

 

Thaivisa forum is really great, this kind of advise would cost me about 20, 000 Baht with a good Law firm.

 

Any other input appreciated

 

Regards

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I am married to a Thai woman who owns her house and farmland , marrying a foreigner hasn't affected any of her rights .

I think it may help that she has kept her own previous Thai married name which I liked and thought appropriate living in Thailand .

I have paid for major renovation to her house , helped to build another house for her son and Ex husband , my good friend .

I also gave money to buy additional land . My wife has set her son up as an agricultural contractor , two big tractors , all necessary machinery , 3 massive trailers and she owns everything . I originally had a marriage visa , but changed to retirement visa . The Marriage visa has an insufferable load of paper work that increases every year , many immigration officers hate it and give people a hard time .

The retirement visa gives the option of having a simple Thai marriage and not an Amphur marriage . In the event that things don't work out you can pack your bags and leave , but still continue to live in Thailand . I don't recommend marriage to a Thai woman at all , if you and your girlfriend have been happy together for so many years why change anything , I have a wealthy Australian friend whose been with his girlfriend about 16 years and never married . He has taken care of her whole family and educated 4 children .

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2 hours ago, localexpat said:

Hello 

 

Many thanks for your feedback to date, very interesting and very useful.

 

Thaivisa forum is really great, this kind of advise would cost me about 20, 000 Baht with a good Law firm.

 

Any other input appreciated

 

Regards

The only real difference is the financial requirement for each extension.

Basically

Retired  800,000 tied up for most of the year or 65,000 a month income.

Married

400,000 or 40,000 a moth income.

Re law company it would probably cost more than 20,000 and would most likely be wrong. 😆

 

Edited by overherebc

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She will loose no rights if her name is on the land owner paper. If her name is on it alone, thats hers, thats it.

 

Now, this im not very sure but for you, you have no rights on those things. Because she had them before married with you. But everything you and she owns will be 50-50 after marriage. Of course this can be adjust with some contract with your future wife.

 

Example: We have just bought 468 square-meter land with my wife in khon kaen. The name on the land is hers. BUT the day we finish our payment the landlord and some people from the government will ask the name on the paper, thats the only time you can put your name on it. Again if im not mistaken it will be 49-51 though. You are still farang and cant own more than a thai logic. Thats how our car and house is also.

 

If you cannot do that, and if you need to prove that you paid the house, keep every bank transactions you did. Hire a very good lawyer, you can get at least half back.

 

If you are buying ( which we just did a week ago) a new house using bank credit, and if you want your name on it from the start... you must pay at least half of the house in cash. 

 

I hope these infos help you... good luck

 

Edited by problemfarang

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13 minutes ago, problemfarang said:

Again if im not mistaken it will be 49-51 though. You are still farang and cant own more than a thai logic. Thats how our car and house is also.

I believe you are mistaken - the land will belong to your wife AFAIK.

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19 minutes ago, problemfarang said:

She will loose no rights if her name is on the land owner paper. If her name is on it alone, thats hers, thats it.

 

Now, this im not very sure but for you, you have no rights on those things. Because she had them before married with you. But everything you and she owns will be 50-50 after marriage. Of course this can be adjust with some contract with your future wife.

 

Example: We have just bought 468 square-meter land with my wife in khon kaen. The name on the land is hers. BUT the day we finish our payment the landlord and some people from the government will ask the name on the paper, thats the only time you can put your name on it. Again if im not mistaken it will be 49-51 though. You are still farang and cant own more than a thai logic. Thats how our car and house is also.

 

If you cannot do that, and if you need to prove that you paid the house, keep every bank transactions you did. Hire a very good lawyer, you can get at least half back.

 

If you are buying ( which we just did a week ago) a new house using bank credit, and if you want your name on it from the start... you must pay at least half of the house in cash. 

 

I hope these infos help you... good luck

 

Every car I've had has been in my name, same for my wife.

She bought the land and house with her money after we married.

The will is written and if she dies before me I can stay as long as I want to in the house although I've heard, but don't know 100%, that only means in reality 1 year then it should be sold.

That last point I would like clarified.

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Dependent on the investments of your wife, my understanding is she may have a lot more paperwork to do, if you register your marriage in Thailand.

 

I was told that if she goes to buy/sell property, she may need your signature for some legal aspects of this.  Again, I've been told if she goes for a loan, she may need your signature (as her husband) for aspects of the loan approval.  I've also been told if she is on the Board of Director's of a company, she could also have additional complications wrt requiring husband's signature for things.  I've also been told in some of those noted cases, dozens of pages may need to be signed/husband's initials for some legal things she needs to do, which could be an annoyance.

 

Of course the odds of those specifics affecting most on this forum are likely slim, ... but it could be a factor.

 

I know it is a factor for myself ... Where we have our marriage registered in country(s) in North America and Europe, but not in Thailand (yet) - where the above are considerations for my Thai wife and she does not yet want to register our marriage in Thailand (complicating my life wrt Health Insurance).

Edited by oldcpu

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