April 15 2014
There has been quite a buzz in various forums about the problem of the cancellation of long term agreements made between spouses in Thailand. Indeed many foreigners who married a Thai wife in Thailand will at some point in time purchase a piece of land in the name of the wife and build a house on it for retirement or vacation purpose. And they will for security purpose register a 30 years lease agreement with the Land Department.
As I was already explaining in my book “How to Safely Buy Real Estate in Thailand” (sold out in Thai books shop but can still be purchased on Amazone or Itune) the fact that a long term lease agreement is registered at the land department does not mean that this agreement cannot be cancelled in the future have many foreign investors have learnt in the past.
Now one case of long term lease agreement that can be cancelled or terminated even if it was registered at the land department is the case of a long term lease agreement that has been concluded between wife and husband during their marriage. Indeed Section 1469 of the Thai Civil and Commercial Code does stipulates that “Any agreement concluded between husband and wife during marriage by be avoided by either of them at any time during marriage or within one year from the day of dissolution of marriage; provided that the rights of third persons acting in good faith are not affected thereby.” (as translated by Professor Kamol Sandhikshetrin, LL.B.,M.A).
Do not hesitate to contact me if you have any questions in relation to this matter