Purchasing land and constructing a home in Thailand – Key Points
1. Non-Thais can’t directly own land in Thailand.
2. If you’re not married to a Thai but want to build a house, legal options exist, but they come with challenges. Seek advice from experienced individuals or consult Lawyers.
3. Land title type is crucial, as some have restrictions on leasing or other rights.
4. Land acquired before marriage isn’t considered marital property in case of divorce or the spouse’s demise.
5. If purchased after marriage, you may need to relinquish rights in favor of your wife at the land office, declaring the funds didn’t come from you, and the property is solely hers.
6. Building on land gifted or inherited by your wife is also excluded from marital assets.
7. Inheritance laws apply if your wife has children, living relatives, and no will, which may lead to property sale.
8. Choosing the right builder and having a solid construction agreement is vital for protection.
9. A usufruct agreement can help protect a foreigner’s interests but may be overridden in divorce proceedings.