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Thai Property Title Issues Pertaining to Marriage
Transcript of the above video:
As the title of this video suggests, we are discussing Thai property title issues as it pertains to marriage. So marriage to a Thai national can have profound implications in terms of not only changing one's posture with respect to the eyes of law in Thailand, because now you are married to a Thai and that can have implications for example in terms of being able to get certain types of visas. There is an O Marriage Visa associated simply with being married to a Thai national. At the same time, many foreign nationals are concerned about property title and how that interacts with marriage.
Now as we have discussed in other videos on this channel, it is illegal for foreign nationals to own Thai land, to own Thai real estate outright here in Thailand. That being said, it may be possible to have certain usage rights associated with that property and this especially comes up in the context of marriage because oftentimes what we will see is a foreign spouse will want to go ahead and purchase a property here in Thailand in conjunction with their Thai spouse but they will want to go ahead and retain some kind of right of use, possibly some kind of right pertaining to maybe a mortgage if they put the money in to go ahead and buy that property. Sometimes folks want to look at bifurcation of title wherein they may own the actual structure of the house while the Thai spouse actually owns the land. Then you have also got what is called a usufruct which is basically a right of use, kind of similar to what we call a life estate in the Common Law tradition wherein it is possible to go ahead and have a right of perpetual use registered to an underlying property that goes ahead and allows a foreign national to use that property for the rest of their life.
So the thing to take away from this video and the thing to understand is, marriage can play in to the overall analysis of what type of property setup you want to go ahead and use when maintaining one's, I am going to presume this is a residential kind of setup but in theory it could be commercial or sort of a mixed use type of property, but again marriage can have implications in terms of what type of overall legal structure you want to go ahead and set up when maintaining property and marriage here in the Kingdom of Thailand.