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Letter of Confirmation for a Foreign spouse married to a Thai National
When a Thai national married to a Foreigner acquires a property in Thailand, the Land department normally requires the foreigner to sign a letter of confirmation. This letter confirms that the property was acquired with the money of the Thai person and that this property is part of Sin Suan Tua, or personal property as defined by Thai Law.(The opposite of Sin Somros, which is common property). They often asked also non-married couples to sign the same document.
Thai children having a Foreign parent can also buy or accept land as a gift. But if it is done in order to avoid the law, as example for the purpose of Foreign ownership, the land department will not register the transaction. Also, most Land Departments will refuse to transfer land to a child under 7 years old, because they consider that the child is too young, can't understand and can't sign his name. However, there is no minimum age in the law to own land in Thailand. We have seen in the last year, an opening from the Land Department and they often agree to transfer a property on a child's name. Each case is different and if this is what you want, you should contact your local Land Department to verify the process and if they will agree.
The following is a translation of the letter of confirmation. But at the Land Department, you might have a different version, often bilingual. (See the link below).It's based on a regulation issued March 23, 1999.
Letter of Confirmation
At:.....................................
Date:............. Month ............................ Year..............
I, Mr./ Mrs..................................... and Mr./ Mrs...............................
are registered/ unregistered both spouses. We together confirm that the money which Mr./ Mrs.............. ................................ shall expend on the purchase of land title deed/ N.S.3 K/ N.S 3 no..................... ... ............... Sub-district...... .... ...............District.................................................... Province.................................. or Condominium Unit no......... Floor.................... Name of the Condominium................................. Sub-district.......................................... District........................................ ... Province...................................... ............... is wholly Sin Suan Tua or the personal property of Mr./ Mrs............................................ alone, not Sin Som Ros or the matrimonial property between husband and wife.
(Signature)................................ Certified spouse
(Signature)................................ Certified spouse
(Signature)................................ Witness
(Signature)................................ Witness
This agreement is made in the presence of ............................ Competent Official
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Here's an example of what it looks like in THAI:
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