Many foreigners fall in love with Phuket’s tropical lifestyle—and with a Thai national. Naturally, buying a home together often follows. But what many don’t realize is that foreigners cannot legally own land in Thailand, even when married to a Thai spouse.

That’s why purchasing a Phuket villa or landed property through your Thai partner requires extra care, planning, and legal awareness. In this article, we’ll explain how foreign spouses can secure their interests when buying property in Phuket.

First Things First: Foreigners Cannot Own Land in Phuket

Thai law prohibits foreign individuals from owning land anywhere in the country—including Phuket. While foreigners can own condominium units freehold, landed homes such as villas or houses must be owned by a Thai national.

So What Happens If You’re Married to a Thai National?

Being married to a Thai citizen does not grant land ownership rights to a foreigner. Even in marriage, any land or villa must be registered solely in the Thai spouse’s name.

However, this comes with legal precautions to prevent future ownership disputes.

Making a Will in Phuket

If you are married to a Thai national, it is important that your spouse makes a Will – especially if you own a Phuket property.  If you have been legally married, you would be the statutory heir of your spouse’s estate. But to prevent any potential legal dispute between you and the Thai family, a Will is essential.

Please read our article on making a Will in Thailand:

Making a Will in Phuket 

 

The Legal Process of Buying a Home with a Thai Spouse

If a married couple (Thai and foreign) purchases land or a house in Thailand, the Land Office will require the foreign spouse to sign a legal declaration stating:

“The funds used to buy the land are the personal property of the Thai spouse and not part of any marital community property.”

This is known as a Letter of Confirmation, and it effectively waives the foreigner’s claim to the property under Thai law.

In other words, you help pay, but the Thai spouse owns it.

How to Protect Yourself as a Foreign Spouse in Phuket

While you can’t legally co-own the land, you can take steps to safeguard your interests if the relationship changes:

1. Usufruct Agreement

This gives the foreign spouse the legal right to live in and use the property for life.

2. Lease Agreement

Your Thai spouse can lease the property back to you for up to 30 years. This lease must be registered with the Land Office to be enforceable.

3. Mortgage Registration

The foreign spouse can register a mortgage over the property as financial security if they are providing the funds.

4. Prenuptial or Postnuptial Agreements

Work with a lawyer to establish financial clarity and asset protection before or after marriage.

What About Buying a Phuket Villa in Both Names?

While the land must be in your spouse’s name, you may be able to register the structure (villa) in your name, depending on how it’s developed. This involves a superficies agreement, giving you legal ownership of the house, though not the land beneath it.

What to Avoid

  • Informal arrangements with no legal protection

  • Buying land in a nominee’s name (this is illegal and risky)

  • Unregistered leases or usufructs

  • Verbal agreements instead of registered legal contracts

Frequently Asked Questions

Can a foreigner own land in Phuket if married to a Thai spouse?

No. Even if you’re married to a Thai national, you are still prohibited by law from owning land in Thailand, including in Phuket. The land must be registered solely in your spouse’s name.

What is a usufruct agreement?

A usufruct is a legal right that allows you to live in and use a property during your lifetime, even if you don’t own the land. It’s commonly used by foreign spouses to protect their rights.

Can I register the villa in my name if the land is in my spouse’s name?

Yes, through a superficies agreement, you may legally own the building (villa) while your spouse owns the land. This agreement must be registered at the Land Office.

Is a lease agreement a good option?

Yes. Your Thai spouse can lease the property to you for up to 30 years. This lease should be registered to ensure legal enforceability.

Can a prenup help protect my property rights?

Definitely. A prenuptial (or postnuptial) agreement can clarify financial matters and help protect your interests in the event of separation or dispute.

Final Thoughts

If you’re a foreigner married to a Thai citizen and looking to buy a home in Phuket, it’s entirely possible — but must be done properly.

The safest strategy is to seek legal counsel, register proper lease, usufruct, or mortgage contracts, and use registered ownership structures to protect your long-term rights.

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