Thailand’s legal framework operates very differently from what many foreigners are familiar with. For this reason, having a competent legal advisor is not just helpful—it’s essential to ensure that your life and investments in Thailand remain safe, compliant, and worry-free.

At OneStop Hua Hin, our team is dedicated to supporting foreigners who wish to live, work, or invest in Thailand. We offer clear legal guidance designed to protect your interests and help you follow Thai law with confidence.

Our Core Expertise

We provide professional legal support in:
• Visa and Immigration Law
• Real Estate and Property Law
• Family and Matrimonial Law
• Business and Corporate Law
• Investment and Asset Protection

We also offer free due diligence services for property buyers—ensuring that your investment is both secure and legally compliant before you sign anything.

 

Property Ownership: What Foreigners Should Know

Foreigners cannot directly own land in Thailand in their personal name. Some individuals have tried to bypass this rule by creating Thai companies with nominee shareholders, but this practice is illegal and unsafe.

Instead, there are several legal mechanisms available to protect your interests:
• Usufruct (สิทธิเก็บกิน) – grants lifetime usage rights over land or property.
• Leasehold Agreement – limited to 30 years, and while some contracts mention extensions, the Supreme Court has ruled that renewals beyond 30 years are not legally enforceable.
• Superficies (สิทธิเหนือพื้นดิน) – allows ownership of structures built on land owned by another person, sometimes for life depending on local approval.
• Sap-In-Sith (สิทธิการเช่าอสังหาริมทรัพย์ระยะยาว) – a lesser-known but stronger form of long-term property right, providing greater security than standard leases.

If you currently hold a 30+30 lease, it may be wise to review your contract and consult a legal expert to ensure it remains valid under current law.

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Buying Property Safely

When purchasing condominiums, foreigners must buy within the foreign ownership quota of the project. Performing proper due diligence—verifying title deeds, legal registration, and ownership ratios—is crucial to avoid future issues.

At Lawyers for Expats Thailand, we provide complimentary due diligence to ensure your property purchase is transparent and secure.

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Marriage and Property Considerations

If you are married to a Thai national or planning to be, note that land is not considered part of the marital property. Therefore, it’s important to structure your property ownership legally and safely.

We strongly recommend preparing a prenuptial agreement if you have assets or property abroad, particularly if you plan to bring your Thai spouse to your home country.

Our firm also assists with marriage registration and legal translations through the Ministry of Foreign Affairs in Bangkok.

FAQs about Property Law for Foreigners in Thailand

1. Can a foreigner own land in Thailand?

No. Foreigners cannot directly own land in their personal name. Legal alternatives include leasehold agreements, usufruct, superficies, or Sap-In-Sith rights.

2. Is it legal to create a Thai company with nominee shareholders to buy land?

No. This practice is illegal and can result in the land being seized. Thai authorities strictly prohibit nominee structures used to bypass foreign ownership restrictions.

3. How long can a property lease last in Thailand?

A lease can last up to 30 years. Any clause promising renewal (such as 30+30 years) is not legally enforceable under current Supreme Court rulings.

4. Can foreigners buy condominiums in Thailand?

Yes, foreigners can legally own condos as long as the total foreign ownership in the building doesn’t exceed 49% of all units.

5. What is a Sap-In-Sith right?

Sap-In-Sith is a modern legal structure allowing long-term property rights (up to 30 years, renewable with stronger protection) registered with the Land Office.

6. Is land considered marital property in Thailand?

No. Land owned by a Thai spouse remains separate property and cannot be jointly owned by the foreign partner.

7. Do I need a lawyer when buying property in Thailand?

Absolutely. A qualified lawyer can perform due diligence, verify contracts, and ensure that all legal procedures comply with Thai law.

Your Legal Partner in Thailand.

Living in Thailand can be both safe and fulfilling when you follow the law and receive professional legal support.
At Lawyers for Expats Thailand, we are proud to serve the expat community with expert guidance, transparency, and trust.

📞 Contact OneStop Hua Hin for a free legal consultation or visit onestophuahin.com to connect with trusted legal experts who understand the needs of foreigners in Thailand.