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Title Bifurcation of Land and Housing in Thailand?
Transcript of the above video:
As the title of this video suggests, we are discussing title bifurcation. What are we talking about here? Well it may be possible for one person to have title to a piece of real estate, land for example. For those who are unaware, foreign nationals are precluded from owning land in Thailand as a practical matter. For this reason you may have to set up sort of instruments to deal with that restriction in such a way that one can enjoy the use of the property without being in violation of Thai Law.
Bifurcation of title is one of the mechanisms that might be useful to many foreigners looking to live in Thailand especially those who might be building a house in Thailand with a significant other and that significant other is a Thai National. They own the land but it might be possible for the foreign national to have title for example to the house; they own the house and not necessarily the land. There is kind of a bifurcation there. We have known a number of clients that this makes them more comfortable with regard to building a house because they know that the house title is in their name as opposed to sort of floating around out there in the ether or being fully in their counterpart’s name, it makes them feel for lack of a better term, "warm and fuzzy" inside knowing that they have a title claim to the actual house structure itself. This is possible. This bifurcation of title is possible in Thailand; it can be useful. That being said, it is complicated and the formalities associated with it can be a little bit Byzantine for lack of a better word. Therefore it may not be a bad idea for those looking into doing something like this, go ahead and contact a legal professional, gain some insight and guidance into how best to proceed.