Foreign buyers
Buying a House in Thailand with a Thai Spouse: Rules for Foreign Partners
How the purchase works when one spouse is Thai, the Land Office declaration, and the registered rights and wills that protect the foreign partner.
Short answer: a Thai national married to a foreigner can buy a house and land in Thailand in their own name. At the Land Office, both spouses sign a declaration that the money used is the Thai spouse’s personal property and that the land will not be the foreign spouse’s. The foreign spouse cannot be registered as a co-owner of the land, but can protect their position through a registered usufruct, superficies or habitation right, or a lease, and both spouses should make wills.
How the purchase works
- The Thai spouse is the buyer of the land (and usually the house) in the sale contract.
- Joint declaration at the Land Office. On transfer day, both spouses confirm in writing that the purchase money is the Thai spouse’s personal property, not jointly owned marital property.
- Registration. The Thai spouse is recorded as the sole owner on the title deed (Chanote).
- Optional rights for the foreign spouse. A usufruct, superficies, habitation right or lease can be registered on the same day.
Bring both passports or ID cards, the marriage certificate (translated and certified if registered abroad), and the house registration of the Thai spouse.
Personal property vs marital property
Thai family law distinguishes the personal property of each spouse (sin suan tua) from marital property acquired during the marriage (sin somros). Marital property is normally shared, but a foreigner cannot hold a share of land. The Land Office declaration solves this by recording that the land is bought with the Thai spouse’s personal funds, so it is the Thai spouse’s alone.
| Document for transfer day | Who provides it |
|---|---|
| Thai ID card and house registration | Thai spouse |
| Passport | Foreign spouse |
| Marriage certificate (translated and certified if registered abroad) | Both |
| Signed declaration on the source of funds | Both, at the Land Office |
| Power of attorney, if either spouse cannot attend | The absent spouse |
Ways to protect the foreign spouse
| Right | What it gives the foreign spouse | Term | Good for |
|---|---|---|---|
| Usufruct | Use and income of the land and house | Up to 30 years or lifetime | Living in the house if the marriage or spouse ends |
| Superficies | Ownership of buildings on the land | Up to 30 years or lifetime | When the foreign spouse paid for the house |
| Habitation | The right to live in the house | Up to 30 years or lifetime | Simple security of residence |
| Lease | Exclusive use under a contract | Up to 30 years | A clear, commercial arrangement |
| Will | Inheritance plan for both spouses | — | Children and family succession |
A registered right appears on the title deed, so it is visible to anyone who later buys or lends against the land. Lifetime rights end on death and cannot be inherited.
What happens if…
…the couple divorces?
Because the land was declared the Thai spouse’s personal property, the foreign spouse generally has no claim to the land itself. A registered usufruct, superficies or lease survives according to its terms. A prenuptial agreement registered with the marriage can clarify ownership further.
…the Thai spouse dies?
The land passes under the Thai spouse’s will or by law. A foreigner who inherits land as a statutory heir is generally required to dispose of it within a period set by the authorities, unless an exception applies. Children of Thai nationality can inherit normally. A registered lifetime usufruct or habitation lets the foreign spouse continue living in the house.
…the foreign spouse dies?
Their lifetime rights end. Any lease may pass to heirs if the lease allows it. Make sure the foreign spouse’s will covers assets in Thailand.
Where the money comes from
If funds come from the foreign spouse or from abroad, transfer them in foreign currency with a clear purpose such as “property purchase”, and keep the bank documents. Keep records showing how the Thai spouse’s personal funds were used; the declaration you sign is a formal statement.
Mortgage options
A Thai spouse with Thai income can apply for a home loan from a Thai bank in their own name. Some banks accept the foreign spouse’s income as co-borrower support, but policies vary. Approval depends on income, documents and the bank’s own appraisal.
Checklist for couples
- Agree in writing how you will share the purchase cost and what happens if you separate.
- Decide which registered right (usufruct, superficies, habitation or lease) fits your situation.
- Prepare certified marriage documents and translations before transfer day.
- Make Thai wills for both spouses.
- Use an independent Thai lawyer who acts for both of you, or one each.
Related: all legal options for foreigners · step-by-step buying process.
Sources
- Department of Lands — land acquisition by Thai nationals married to foreigners: dol.go.th
- Civil and Commercial Code, provisions on marital property, usufruct, superficies and habitation
- Land Code B.E. 2497, provisions on land acquired by inheritance
Frequently asked questions
Can my Thai wife or husband buy land in Thailand?
Yes. A Thai national married to a foreigner can buy land in their own name after both spouses declare at the Land Office that the money is the Thai spouse’s personal property.
Can the foreign spouse’s name be on the title deed?
Not as an owner of the land. The foreign spouse can have a registered usufruct, superficies, habitation right or lease recorded on the title deed.
What happens to the house if we divorce?
Land declared as the Thai spouse’s personal property generally stays with the Thai spouse. Registered rights in favour of the foreign spouse continue according to their terms.