A foreigner cannot own land in Thailand. When a family home is built or bought, the land is usually registered in the name of a Thai spouse, partner or child, and the foreign partner is left asking a simple question: what right do I have to stay here?
The most common answer is a usufruct. This guide explains what it is, how it is registered, and what happens to it on divorce, sale, mortgage and death — the questions that come up after the registration, not before.
For the wider choice of whose name to buy in, see buying a house or land in your Thai partner's or child's name.
1. What a usufruct gives you
A usufruct is a real right under the Civil and Commercial Code. The holder may:
- Possess and live on the land or property
- Use it, including the house on it
- Take the benefits, such as rent if the property is let
The owner keeps ownership. The owner can still sell the land, but only subject to the usufruct.
Because it is registered at the land office, the right follows the land. A later buyer, heir or creditor of the owner takes the land with the usufruct attached.
2. Lifetime or fixed term
| Term | What it means |
|---|---|
| Lifetime | Lasts until the holder dies |
| Fixed term | Lasts for the agreed period, which cannot exceed thirty years |
Whatever the term, a usufruct ends when the holder dies. It cannot be inherited or left by will. For a foreign spouse protecting a home for life, a lifetime usufruct is the usual choice.
3. Registering it at the land office
A usufruct only binds third parties if it is registered at the land office where the land is located.
Typically needed:
- The title deed
- ID card and house registration of the Thai owner
- Passport of the foreign holder
- Marriage certificate, if the parties are married
- Spouse's consent, if the land is marital property of the owner and another spouse
- Translations of foreign documents where required
Practical points:
- Both parties attend, or appoint someone by power of attorney
- Land officers may ask questions about the relationship and the purpose, especially where the holder is a foreigner. Clear answers and documents help
- Registration fees and any tax depend on whether anything is paid for the usufruct. Confirm with the land office before the appointment
4. What happens on divorce
A registered usufruct does not end automatically on divorce. It continues unless:
- Both parties agree to cancel it and register the cancellation, or
- A court orders otherwise in the proceedings
This protects the foreign spouse, which is the point. But it is also the issue Thai spouses raise most often later, so it is better to discuss it before registration and, if the couple agrees, record what should happen on separation in a written agreement.
See divorce in Thailand involving a foreigner.
5. Sale and mortgage
Sale: The Thai owner can sell the land, but the buyer takes it subject to the usufruct. In practice, few buyers will accept that, so the usufruct effectively prevents a sale unless the holder agrees to cancel it.
Mortgage: Banks commonly ask for an existing usufruct to be cancelled or subordinated before lending against the land. If a loan is planned, arrange the order of registration with the bank first.
Transfer by the holder: The holder cannot sell the usufruct itself, but may let someone else exercise it — for example by renting the house out — within the terms registered.
6. On the death of either spouse
| Who dies | Effect |
|---|---|
| The holder (foreign spouse) | The usufruct ends. The land is free of it |
| The owner (Thai spouse) | The land passes to the owner's heirs or beneficiaries, still subject to the usufruct |
This is why a usufruct works best alongside wills: the Thai spouse's will says who inherits the land after the usufruct ends, typically the children. See protecting your home with a usufruct and a will and wills and inheritance for foreigners in Thailand.
7. Usufruct compared with other rights
| Right | What it gives | Best used for |
|---|---|---|
| Usufruct | Possess, use and take income from the land | Securing the home for life, including rental income |
| Habitation | The right to live in the house only | A simpler right to stay, without income |
| Superficies | Ownership of the house separate from the land | Protecting the value of a house the foreigner paid for |
| Registered lease | Use for a fixed term, often thirty years | Fixed-term use; can be combined with a renewal promise |
These are often combined: for example, a superficies so the foreign spouse owns the house, plus a lifetime usufruct over the land, plus wills.
8. Common mistakes
- Relying on an unregistered agreement — it may bind the two of you but not a buyer, heir or creditor
- Assuming the usufruct means ownership of the house — it does not
- No wills, so the owner's heirs and the holder end up in dispute
- Ignoring the mortgage, then finding the bank requires cancellation
Before you register
- Decide whether you need a usufruct, habitation, superficies, lease, or a combination
- Choose lifetime or fixed term
- Check whether the land is personal or marital property of the owner, and whose consent is needed
- Agree, in writing, what happens on separation
- Arrange any bank loan before registration
- Make wills that fit the arrangement
Read next
- Buying a house or land in your Thai partner's or child's name
- Protecting your home with a usufruct and a will
- Wills and inheritance for foreigners in Thailand
- Buying property in Thailand as a foreigner
- To register a usufruct and the related rights correctly, talk to our team
