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Foreigners married to a Thai national can’t own land themselves but the Land Department will allow transfer of ownership of the land to the Thai national who is married to a foreigner after a joint statement ‘letter of confirmation’ by the couple stating that the money expended on the land is personal property of the Thai spouse. This procedural requirement is based on a regulation issued by the Ministry of Interior (March 1999), which is based on the principle of section 1472 of the Civil and Commercial Code that if personal property has been exchanged for other property during the marriage (in this case land) that property becomes and remains a personal property, and not a joint marital property between husband and wife. This way the foreign spouse does not obtain ownership rights in the land based on Thai family laws, ‘property between husband and wife’. That is, as a personal property of the Thai spouse, the Thai spouse has sole management of the property (she can sell, encumber the property), and as a non-marital property the real property is not subject to an equitably division between husband and wife upon termination of marriage.

We are prepared to provide you with Legal Services, both for Litigation and Other Related Services. Our Legal Services are delivered by a team of Thai and Foreign lawyers and attorneys providing you assistance by breaking the barrier between foreign and local language. Foreigners are under the Land Code Act prohibited from owning land in Thailand therefore making it impossible for foreigners to obtain outright ownership over land and house in Thailand. Foreigners are allowed to own a unit in a condominium building under the Condominium Act.

Under Thailand labour law an employee is entitled to annual sick leave of 30 working days per year, with full pay. In addition to sick-leave, a pregnant woman is entitled to 90 days of maternity leave (inclusive of holidays), including 45 work days at full pay. Employment termination with cause (in which event the employer can terminate employment without notice and/or compensation) is governed by the provisions of Section 583 of the Civil and Commercial Code and Section 119 of the Labour Protection Act, and includes gross negligence, willful disobedience, dishonesty or criminal act. When there is employment termination without cause, it is compulsory under employment laws that the employer make severance payment (in addition to notice) to the employee according to the length of unbroken service.

In case foreign freehold units in a condominium project are no longer available the remaining units may be leased to foreigners. Normal hire of property laws apply to the lease of a condo by foreigners. There is no separate law issued regulating the lease or rent of condominium units by foreigners as opposed to buying a condominium. Foreign ownership only exists in a condominium registered and licensed under the Thailand Condominium Act. Common in the tourist areas of Thailand are apartment buildings not registered and licensed as a condominium. These apartment buildings are basically like any other building and the owner can rent out parts of his building under his own terms and conditions. Unregistered apartment buildings could for example be sold as a kind of time sharing in which the units are sold through leases to many different parties each having a specified block of time during which they may use the apartment. We have helped a growing number of clients find the right lawyer for their specific case in Thailand. Using a lawyer requires both trust and reliability. That is why the lawyers in our partner program undergo an admission process to ensure our network only consists of the best English-speaking lawyers in Thailand. Our extensive network of lawyers helps us find the ideal lawyers for your specific case. Discover extra info at https://3lawyersthailand.com/.