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ResourcesThailand Real Estate & Property LawTitleAffidavit of Disclaimer to a Thai Spouse's Real Estate

Affidavit of Disclaimer to a Thai Spouse's Real Estate

Transcript of the above video:

As the title of this video suggests, we are discussing what can really only be described as Affidavit of Disclaimer for a foreign national spouse which needs to be signed for example in the situation where a Thai National who is the spouse of that foreign national when they acquire Thai property. 

So, the reason this came to my attention and I just started thinking about this and decided to do a video, as I was reading through an article that was kind of unrelated to this overall topic. The article was from the Pattaya Mail, that is pattayamail.com and the article is titled: Plans to allow foreigners to own Thai land hit the first brick. Quoting directly: "Prior to 1998, any Thai woman who married a foreigner lost her right to purchase land in Thailand but she can now do so provided the foreign spouse signs an Affidavit stating he has no claim." Yeah that is the case. There is documentation. Foreign spouses generally have to present themselves at the Land Office when a Thai spouse is acquiring some sort of real estate that can only be acquired by a Thai National. Under those circumstances, the land officers are going to want to go ahead and see that the foreign national spouse signs an Affidavit which essentially disclaims any claim, it renounces any claim if you will to that property and specifically states that all funds being used generally speaking are that Thai spouses and that that person has no claim to any of it. So yes you do see this rather frequently. We deal with this oftentimes when we are dealing with certain aspects of property acquisition on behalf of clients. 

Now, as we have noted in other videos, there are methods where a foreign national can gain some control, some overall interest in the property- leases for example; certain types of corporate structures under specific circumstances may be a possibility; there also maybe usufructs depending on circumstances; sometimes mortgages may come into play. It is just going to be very dependent on the overall circumstances of a given case but long story short, it may be possible for a foreign spouse to have some kind of interest notwithstanding the lack of any interest whatsoever in ownership of the underlying Thai Real Estate.