PHP Warning: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead in ..../includes/class_bootstrap.php(433) : eval()'d code on line 110
Getting married in thailand - Page 5
Page 5 of 5 FirstFirst ... 2345
Results 41 to 49 of 49
  1. #41
    Ferret Guest
    Delawang
    My Wife purchased house and land in Banpaed last year in November after we were married and there appeared to be no problem at the time. We have the title which was transferred from the previous owner and this occurred at I guess a land title office. My details, copy of passport etc were also noted and I had to sign some forms as well but I am not sure exactly what that meant, so maybe someone could enliten me.

  2. #42
    Join Date
    Mar 2003
    Location
    Singapore
    Posts
    1,331
    Thanks
    0
    Thanked 0 Times in 0 Posts
    To Delawang's first question,

    Own land in Thailand



    Foreign Ownership of Land in Thailand



    As a general matter, Thai law prohibits foreigners from owning land in Thailand. The prohibition applies to foreign individuals and juristic entities (e.g., companies or partnerships). Additionally, it applies to Thai registered juristic entities, which are owned or controlled by foreigners. This law note describes generally the Thai law prohibiting land ownership by foreigners, as well as exceptions to and strategies for operating under the prohibition.



    Prohibition on Foreign Ownership of Land



    1. Thai Land Law:



    Under Sec. 86 of the Thai Land Law, a foreigner may own land in Thailand only if permitted by treaty. In fact, Thailand does not have a treaty with any country permitting foreigners from that country to own land. Therefore, foreigners are effectively prohibited from owning land in Thailand. Under Sec. 97 of the Land Law, the definition of a foreigner includes Thai registered companies or partnerships in which more than 49% of the capital is owned by foreigners or of which more than half the shareholders or partners are foreigners.



    As a practical matter, it is often difficult for a Thai company with foreigners having substantial minority ownership (e.g., 51% Thai, 49% foreign) to acquire land in Thailand. The policies of Land Offices vary throughout Thailand, but often they require that Thais own at least 60% or 70% of a company in order to register land ownership.



    Under former Land Office policy, Thai nationals who married foreigners were prohibited from ownership of land in Thailand. This prohibition was based on principles of community property law and a general presumption that the Thai spouse was holding the land for the benefit of the foreigner. However, under current Land Office policy the Thai spouse can own land in Thailand, provided that the foreign spouse signs a letter declaring the property to be the separate property of the Thai spouse and waiving any interest in the property.



    2. Condominium Act (No. 2) of 1990:



    Sec. 19 of the Condominium Act effectively prohibits ownership of condominium units by a foreigner unless the foreigner qualifies for foreign ownership as described below.



    3. Alien Business Law:



    The Alien Business Law, which regulates foreign investment in Thailand, can have an indirect impact on the ability of foreigners to own land. For example, under the terms of the Alien Business Act of 1999, “land trading” is considered a Schedule One activity and is generally prohibited to foreigners.



    Exceptions to the Prohibition



    1. Board of Investment (BOI) incentives:



    Sec. 27 of the Investment Promotion Act authorizes the Board of Investment (BOI) to grant a foreign owned company permission to own land for the purpose of conducting the promoted activity. The area of the land must be approved by the BOI, which will review the land and proposed construction plans to determine that the land's size is suitable for the promoted activity. The use of the land must be limited to the promoted activity, and if the promoted business is later dissolved the land must be sold within one year of the termination of that business. The BOI exception to the prohibition against foreigners owning land is primarily limited to the ownership of land and factory for a promoted manufacturing activity.



    In addition to permitting foreign ownership of land for the purpose of conducting a promoted business, BOI privileges can authorize a foreign owned company to conduct business activities which would otherwise be prohibited under the Alien Business Law. Thus, the indirect impact of the Alien Business Law on foreign land ownership can be reduced under BOI privileges.



    2. Condominium Act (No. 2) of 1990 (as amended April 27, 1999)



    Sec. 19 of the amended Condominium Act authorizes qualified foreigners to own individual condominium units provided that the total area of foreign-owned units within the condominium project does not exceed 49 percent of the total area of all units within the project. In Bangkok and other municipalities to be designated in ministerial regulations, the 49% limitation does not apply. The following foreigners qualify for condominium unit ownership:



    a. Individuals having permanent residence status in Thailand.

    b. Individuals who have been permitted to enter Thailand under BOI privileges.

    c. Juristic entities registered in Thailand but being classified as "foreign" under the Land Act.

    d. Juristic entities, which have been granted investment privileges by the BOI.

    e. Individuals or juristic entities, which have brought foreign currency into Thailand for the purpose of purchasing the condominium unit.



    Strategies



    Despite the broad scope of the prohibition on foreign ownership of land and condominiums in Thailand, and the narrow scope of the exceptions, a variety of tactics can be used to minimize the impact of the prohibitions. These include, for example:



    a. Forming joint venture companies with majority Thai ownership but adequate safeguards for the foreign minority interest.

    b. Long term leases with rights to renewal.



    Proposed Changes



    Recently there have been many proposals trying to liberalize land ownership by foreigners, and indeed in April 1999, after several years of rumors the rules on foreign ownership of condos were liberalized. Often the proposals are reported as having already taken effect long before they actually become law or official policy. A foreigner who is considering acquiring an interest in land in Thailand should check carefully the current status of laws and policies before taking action.


    Paragraph 3 of point 1 is where your answer lies, Delawang, this urban legend used to be true till they changed the Land Act.

  3. #43
    Join Date
    Mar 2003
    Location
    Singapore
    Posts
    1,331
    Thanks
    0
    Thanked 0 Times in 0 Posts
    As for your second question, I find it much more difficult to answer. Because of the complexity of Laws in America and the variations from state to state, there arises many loopholes. If what you are refering to are loopholes, then every legal system has their fair share. But if you are talking about comprehensibility of the Laws of America versus those of Thailand, I am unable to provide an answer as well. I feel it's hard to compare this aspect as the American Laws were written in English and Thai Laws in Thai... Converting the Thai Laws to English or vice versa will definitely lead to inaccuracies and taint the results of the comparision.

    You pose a very interesting question, but I am unable to provide an answer. A consolation is that you really got me thinking about it and I actually nearly decided to do a comparision, but it's going to take months or years. Anyway the Thai legal system is like this:

    Thailand has a civil law system under which all laws are embodied in statutes or codes promulgated by the Government. This is in contrast to the common law system in many Western countries, where decisions by the courts, that interpret statutes, serve as governing legal precedent.

    There is an independent judiciary that provides a forum for fair settlement of disputes. A great deal of status is attached to being a judge, and the examinations to enter the judiciary are very difficult. The judiciary jealously guards its independence.

    Agencies of the government, as parties to commercial contracts, may be sued in the courts, and cannot raise a defense of sovereign immunity. However, state property is not subject to execution.

    There are four basic codes: Civil and Commercial Code, Criminal Code, Civil Procedure Code, and Criminal Procedure Code. In adopting these codes early in this century, Thailand selected features of the two western legal systems (common law and civil law), and adapted to circumstances in Thailand provisions drawn from England, Germany, Switzerland, France, Japan, India and other foreign systems. Decisions and ruling of the judiciary and civil service have considerable force as precedents.

    Rights in property are guaranteed by the Constitution against condemnation or nationalisation without a fair compensation.

    There are three levels to the judicial system in Thailand : the Court of First Instance, which handles most matters at inception, the Court of Appeals and the Supreme Court. The King appoints all judges of the courts of justice after they have been approved by a Judicial Commission. There are specialised courts such as the Labour Court, Family Court, Tax Court and a bankruptcy court is being established.

    Hope this helps or at least clear away a bit of your doubt...

  4. #44
    Ferret Guest
    Hi Makiyo
    That is all very interesting and clears up a few grey areas for me. I guess what I was signing was a waiver which allowed my wife to own the house and land we (she) bought it last November. Maybe by the time we come back to live there the laws could change again, doesnt really matter I guess.

  5. #45
    Join Date
    Mar 2003
    Location
    Singapore
    Posts
    1,331
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Quote Originally Posted by [b
    Quote[/b] ]Hi Makiyo
    That is all very interesting and clears up a few grey areas for me. I guess what I was signing was a waiver which allowed my wife to own the house and land we (she) bought it last November. Maybe by the time we come back to live there the laws could change again, doesnt really matter I guess.
    Anytime, Ferret. Just glad that I can contribute to the forum, afterall I have gotten quite a bit from others...

  6. #46
    delawang Guest
    Finally, the real answers about marrying and buying property. Thanks!

    Quote Originally Posted by [b
    Quote[/b] (Makiy0 @ July 14 2003,15:52)]Thailand has a civil law system under which all laws are embodied in statutes or codes promulgated by the Government. This is in contrast to the common law system in many Western countries, where decisions by the courts, that interpret statutes, serve as governing legal precedent.

    This is worse for us than loopholes. You get a bunch of cases that are similar to yours, you find previous cases that are similar, and you argue why the judge should consider one and not the others based on similarities between the situation where the decision was made and your situation today. No thought to right or wrong, just how similar is this situation to this earlier case.

    I am glad to hear the Thai’s have a better system. What is it like in Singapore? Common law, or rapidly changing statutes and codes?

  7. #47
    Join Date
    Mar 2003
    Location
    Singapore
    Posts
    1,331
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Singapore adopts the approach of a common Law as well, but because Singapore is so small, hard for the laws to get mixed up, unlike the states where it's so huge and laws vary from state to state.

  8. #48
    Join Date
    Apr 2006
    Posts
    2
    Thanks
    0
    Thanked 0 Times in 0 Posts
    I am a 38 yr old American woman living in India while doing volunteer work. I want to marry an Indian citizen who is 19. It seems like all the forums and websites that talk about how to get married the legal way and how to bring your fiancee to the USA is only about men marrying foreign women. What about when is a woman wanting to marry a man and that man happens to be 19 years younger than her? Yes, there is social stigma attached to our relationship. But I can assure you that we are both deeply in love and wish to get married. We cannot do it in India because he is under 21 and we suspect that the age difference and the fact that he is of poor means might create suspicion in the minds of USCIS and embassy when we apply for the K1 visa. We were thinking about going to Bangkok to get married. Neither of us need a pre-approved visa and the law states that anyone over 18 can get married. I need to know if this is indeed true. All websites say legal age of marriage in Thailand is 18 but the US embassy in Thailand says it's 20. Which one is it?

    Once married in Thailand, we won't have to deal with Indian authorities in India (Indian embassy must abide by Thai laws, correct?). And we can begin the K3 visa process. Could anyone let me know if getting married in Thailand, considering our age difference, will be possible and if so, would there be any legal consequences in India? If all goes well, either for K1 or K3 visa application, what do you recommend? I have contacted over 10 lawyers and only one replied that due to our age difference, they won't be able to help us.
    Would it be impossible for us to get married and be together "happily ever after"?

  9. #49
    Join Date
    Nov 2005
    Posts
    4,464
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Seems that you have opened a can of worms, lots of different countrys and laws involved.
    If the US embassy says 20 and he is 19, then they will not grant you permission to marry, which is a requirement to marry in Thailand, might not anyway if he is Indian and under the legal age to marry under Indian law, Be hard to marry in Thailand because the Thai marriage is not a religious ceremony but legal one registered at a Thai Amphur [city hall] and neither of you is a Thai national or citizen. You can have the traditional Thai ceremony, but it is not a legal marriage, even in Thailand.

    And you will probably have to deal with Indian authorities because he is a subject of the Indian Govt. and will have to have an Indian passport.

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •