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Thai Property

Property in Marriage

As an Australian you might be interest in retirement in Thailand or getting married while in Thailand. Either way there will always be the issue with property and how best to deal with this when in a foreign country. Thailand has a different legal system to Australia and property litigation in Thailand is not uncommon when you are getting divorced.

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Thai Prenuptial Agreements

In Australia there are a number of financial agreements which fall under the Family Law Act (“FLA”) – these are agreements before marriage which is normally called a prenuptial agreement. There are also agreements made during marriage being a post-nuptial agreement and after separation or divorce.

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Superficies

Once you are married in Thailand you have a number of options to protect your property investments. Many expats tend to place property into the name of their Thai wife after marriage as Thai law prohibits foreigners from owning land in their own name without millions in investment and permission from the Minister of the Interior.

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Usufructs

If you are married to a Thai and you are going to be buying property in Thailand then having a usufruct is one of the options next to a prenuptial agreement and having a superficies. Since you cannot own property in your own name in Thailand as foreigners are prohibited from owning land outright, this is one way of ensuring that you still have the right to live in the house or villa.

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