The Thai law, at About real estate, states that foreigners do not have the right to own land in their own name, or ownership, if the house has been registered with the land, there is no possibility of to separate them.
This is also valid for apartments since in a building, foreigners cannot own more than 49% of the apartments.
However, there are different possibilities for a foreigner to own property.
1 - By putting it in the name of your Thai companion.
2 - In the name of a Thai person with a mortgage.
3 - create a company; real estate.
4 - by a rental lease.
5 - By a credit agreement with the seller.
1. By putting it in the name of your companion or Thai companion.
This solution is the simplest and most economical, but beware, separations and divorces also exist in Thailand, and in this case, you lose almost everything. To be completed with a rental lease, parag.. 4
2. In the name of a Thai person with a mortgage.
Find a Thai person who is willing to sign as the landlord, but you are taking a mortgage as the lender, there will be some charge at the land office to register the mortgage, property cannot be sold without your consent.
3. create a company real estate.
Foreigners can set up a company; real estate at; responsibility limited, the land or property is registered; as an asset of the company.
The foreigner can have a maximum of 49% of the shares of this company; by Thai law, the remaining 51% being the property of of thaïs. The foreigner is named sole executive director in the company's articles of association, and Thai shareholders sign share transfer agreements, undated, at the time of registration.
This gives control of 100% of the assets of the company. to the Director. These shareholders can be replaced at any time. at any time by the director according to his wishes.
The company generates some costs, the company having assets, it must manage them, therefore to rent them, which gives rentals therefore an accounting. and taxes on rents, but ça does not fetch far.
And creating the company also brings costs but during the resale, if resale there is, there is just to be avoided. change the name of the manager of the company.
And the company will lease the property to you for a renewable period of 30 years.
attention, the company must not be dormant, it is to say that you have to do the accounting regularly; and pay taxes.
4. by a rental agreement.
Foreigners can rent a property for a period of 30 years with a priority clause. for the next 30 years. the lessor's heirs are required by law to honor this agreement, and the lessee may bequeath the lease to the tenant. his heirs in a will (to be drafted with a lawyer)
This type of lease must be registered. compulsorily at the land office, and the tenant appears on the title deed, the property cannot be sold without the termination of the rental contract.
5. By a credit agreement with the seller.
Rather than buying or renting, paying for the property can be registered, as a loan to the seller, by contract, at the land office. The value of the loan is assessed given the value of the property, increased capital gains at; come taking into account the possible evolution of the market.
The name of the buyer appears on the title deed. as a creditor, effectively preventing the registered owner from to sell his property before repaying the loan in full.
The difficulty of this solution is to predict the evolution of the market; in general, and in the sector in particular, certain sectors can rapidly increase in value. This solution is the most difficult to achieve. evaluate over time.