What Are the Rules for Transferring Property to a Thai Partner or Family?

Transferring property to a Thai partner or family member in Pattaya is legal and straightforward—but you must follow Thai Land Office procedures and be aware of tax implications and legal risks, especially for foreigners.

1. Transferring a Condo to a Thai Spouse or Relative

Allowed under Thai law as long as the condo is not in a foreign quota that exceeds 49% ownership
The receiving party must be a Thai national with proper identification (Thai ID card and house registration)
If the unit is mortgaged, the lender’s approval is required

2. Transferring Land or a House to a Thai Spouse

Foreigners cannot own land in their name, so many use a Thai spouse to register ownership
If transferring to a Thai spouse:
- You must sign a declaration stating the purchase was made with the spouse’s personal funds
- Land Offices may scrutinize the transaction to prevent nominee ownership
It is possible to gift the land or sell it at a nominal price, but transfer taxes will still apply

3. Inheritance Transfers

If a Thai partner or relative inherits your property, they must follow probate court procedures if no Thai will exists
Learn more about inheritance here

4. Transfer Taxes and Fees

Transfer fee: 2% of the registered property value
Withholding tax or income tax: Based on appraised value and ownership duration
Stamp duty: 0.5% (if Specific Business Tax doesn’t apply)
Gift transfers: May still incur full taxes depending on how it is declared

Tips for Foreigners

Use a qualified Thai lawyer to prepare all documentation and minimize tax risk
Prepare a prenuptial agreement to clearly separate assets before marriage
Always complete transfers at the Land Office for legal protection

✅ Planning to transfer property to a Thai family member or spouse? We’ll help you navigate the process safely and legally.