The Dangerous Myth
"If I marry a Thai person, I can own land through my spouse. My Thai wife/husband can buy property for me, and we own it together as a married couple."
The Legal RealityMarriage to a Thai national grants foreigners absolutely NO land ownership rights whatsoever. Land purchased in your Thai spouse's name belongs 100% to your spouse - not to you, not "jointly," not in any way. You are a foreigner before marriage, during marriage, and after marriage. Your marital status has zero effect on the Land Code prohibition.
This myth has cost foreign nationals millions of baht. Many expats have provided funds for land purchases in their Thai spouse's name, believing they have some ownership interest or protection. When relationships fail, they discover the painful truth: they have no legal claim to property titled in their spouse's name, regardless of who paid for it.
Why This Myth Persists
- Wishful Thinking: People want to believe marriage provides a loophole
- Misunderstanding of "We": "We bought a house" does not mean "We own the house"
- Western Assumptions: In many countries, marital property is jointly owned
- Bad Advice: Real estate agents and even some lawyers give incorrect information
- Anecdotal Stories: "My friend's Thai wife bought land..." (not understanding the implications)
- Deliberate Deception: Some parties benefit from foreigners' misunderstanding
The Legal Framework: Land Code Provisions
Thailand's Land Code is explicit about foreign land ownership. These are not gray areas subject to interpretation - they are clear statutory prohibitions.
This blanket prohibition applies regardless of marital status, length of residency, visa type, or any other factor. An "alien" (foreigner) cannot acquire land, period.
This section explicitly addresses the marriage situation - and makes clear that only the THAI spouse can own the land.
The Declaration Requirement
When a Thai national who is married to a foreigner purchases land, the Land Department requires a crucial document:
This declaration has significant implications:
- It explicitly states the foreign spouse has no financial interest in the property
- If the foreigner actually provided the funds, the declaration is false
- The land becomes the Thai spouse's separate property, not marital property
- This documentation works AGAINST any later claim by the foreign spouse
What This Means in Practice
| Scenario | Legal Reality |
|---|---|
| You give your Thai spouse 5 million THB to buy land | Your spouse owns the land 100%; you own nothing |
| You pay for land "jointly" with your spouse | Your spouse owns the land 100%; you own nothing |
| Your name is on loan documents/bank transfers | Your spouse still owns the land 100%; you own nothing |
| You built a house on your spouse's land | Without superficies, the house becomes part of the land (spouse's property) |
| You have a prenup saying the land is "joint" | Cannot override Land Code; foreigner still cannot own land |
What Actually Happens: Real Scenarios
Understanding how this plays out in real life helps illustrate why this myth is so dangerous.
Scenario 1: The "Happy Marriage" Land Purchase
John, American, marries Nong, Thai. John provides 8 million THB for land and house in Nong's name. They sign the Section 96 declaration confirming funds are Nong's personal property. Marriage is happy for 10 years.
Reality: John has NO ownership interest. Nong owns 100%. If Nong dies without a will, her Thai relatives inherit the land, not John. If she sells the land, John gets nothing.
Scenario 2: The Divorce
Hans, German, funds land purchase in wife Dao's name. After 5 years, they divorce. Hans claims half the property value since he paid for it during marriage.
Court Response: The Section 96 declaration states the funds were Dao's personal property. The land is classified as Sin Suan Tua (separate property), not Sin Somros (marital property). Hans gets nothing.
Scenario 3: The Abandoned Foreigner
Pierre, French, pays for land, house construction, and renovations totaling 15 million THB over 8 years. Wife Lek decides to leave. She sells the property and keeps all proceeds.
Legal Position: Lek was the sole owner. She has every right to sell and keep the money. Pierre has no legal recourse despite documented bank transfers showing he funded everything.
Scenario 4: The Protected Foreigner
Michael, British, funds land purchase. BUT: He structures it with a registered 30-year lease in his name, superficies rights for the house, and a prenuptial agreement documenting his financial contribution as a secured loan against the property.
Result: While he still does not OWN the land, Michael has enforceable rights to use the property for 30 years and owns the building. His loan is documented and may be recoverable in divorce.
Inheritance Issues
The land ownership myth creates particular problems in inheritance situations.
If Your Thai Spouse Dies First
- Land in spouse's name goes to spouse's heirs under Thai succession law
- As a foreigner, you CANNOT inherit the land (Land Code prohibition)
- You may receive compensation for the land's value, but only if properly structured
- Without a will, Thai relatives may inherit ahead of you
- Even with a will leaving you the land, you must dispose of it within 1 year
If You Die First
- Land is already 100% your spouse's property - nothing changes
- Your heirs receive nothing from the land
- Any money you put into the land is gone
- Your children from previous marriages have no claim
Children as a Strategy
Some foreigners believe having Thai children solves the problem. It does not:
- Land purchased in spouse's name belongs to spouse, not children
- Spouse can sell, mortgage, or give away the land without children's consent
- Children only inherit if spouse dies and leaves it to them
- Putting land in minor children's names has its own legal complexities
Divorce and Property Division
When marriages end, the land ownership myth leads to devastating realizations in divorce court.
How Thai Courts View Property
| Property Classification | Division in Divorce |
|---|---|
| Sin Somros (Marital Property) | Divided 50/50 between spouses |
| Sin Suan Tua (Separate Property) | Stays with original owner |
| Land with Section 96 Declaration | Classified as Sin Suan Tua - Thai spouse keeps 100% |
The Section 96 Declaration Trap
The declaration your Thai spouse signed when purchasing land becomes evidence AGAINST you in divorce:
- It states the funds are your spouse's personal property
- It explicitly excludes your financial contribution
- Courts generally accept this at face value
- Arguing you actually paid contradicts the official record
- May even create issues about false declarations
Can You Prove You Paid?
Even with bank records showing you funded the purchase:
- Courts may view your payment as a gift to your spouse
- The Section 96 declaration contradicts your claim
- You cannot own land regardless of payment
- Best case: some courts may order partial compensation (not common)
- Worst case: complete loss of investment
Legal Alternatives: What You CAN Do
While you cannot own land in Thailand, there are legal structures that provide protection and use rights.
1. Registered Leasehold (30 Years)
- Lease land from your spouse (or any Thai owner) for up to 30 years
- Must be registered at the Land Office to be enforceable
- Survives sale of the land - new owner inherits the lease obligation
- Can be inherited by your heirs
- Provides secure use rights but not ownership
2. Superficies (Building Rights)
- Own buildings and structures on leased land
- Registered at Land Office, enforceable real right
- Building ownership is separate from land ownership
- Can be transferred, inherited, or mortgaged
- Provides tangible asset ownership
3. Usufruct
- Right to use property and collect income for life or fixed term
- Can be granted by Thai spouse over their land
- Survives divorce if properly registered
- Provides use rights but not sale rights
4. Condominium Ownership
- Foreigners CAN own condos in their own name
- True freehold ownership (within 49% foreign quota)
- No spouse or Thai nominee needed
- Full property rights including sale and inheritance
See: Condo Foreign Quota Guide
5. Prenuptial Agreement Protections
- Document your financial contributions as loans, not gifts
- Secure loans against the property
- Require leasehold or superficies to be granted to you
- Specify that funds are to be repaid upon divorce
Protecting Your Investment
If you are going to fund property in Thailand despite the risks, take steps to protect yourself.
Before Any Purchase
- Accept Reality: You will NOT own the land. Understand this clearly.
- Consult a Lawyer: Get proper legal advice from a Thai attorney experienced with foreign clients
- Execute a Prenup: Document your contribution and protection mechanisms before marriage or purchase
- Structure as Loan: Your contribution should be documented as a secured loan, not a gift
- Demand Registered Rights: Leasehold and/or superficies in your name, registered at Land Office
Documentation Essentials
- Written loan agreement specifying repayment terms
- Security interest over the property (as enforceable as possible)
- Registered leasehold giving you use rights
- Superficies giving you building ownership
- Usufruct for additional protection
- Clear bank transfer records linking your payment to these agreements
Key Takeaways
- Marriage to a Thai national gives you ZERO land ownership rights
- Land purchased in your spouse's name belongs 100% to your spouse
- The Section 96 declaration explicitly excludes your financial interest
- You cannot inherit Thai land - must dispose within 1 year
- In divorce, land typically stays with Thai spouse regardless of who paid
- Condos are the ONLY freehold property foreigners can own outright
- Leasehold, superficies, and usufruct provide legal alternatives with real protections
- ALWAYS get proper legal advice before funding any property purchase
Frequently Asked Questions
But my friend's Thai wife bought land and he lives there?
Living on land and owning land are completely different. Your friend may be living on his wife's land - she owns it 100%. If they divorce or she dies, he may lose everything. Ask him to show you documents proving his ownership - he cannot.
What if we buy land before getting married?
Still belongs 100% to your Thai partner. Marriage status does not change who is on the title deed.
Can I put land in my Thai child's name?
A Thai child can own land. However, until they are adults, you have limited control. They may sell or transfer it when they turn 20. This creates its own risks and does not give YOU ownership.
What about using a Thai company to own land?
This is the "nominee structure" that Thai authorities are actively prosecuting. It is illegal, carries criminal penalties, and results in forced land disposal. See our Land Ownership Guide.
Is there any way to own Thai land?
The only legal pathway for most foreigners is Land Code Section 96 bis: invest 40 million THB in approved assets and obtain ministerial approval for up to 1 rai of residential land. Very few succeed. See our Section 96 bis Guide.