Introduction: Legal Challenges When the Title Deed Bears Another’s Name

Property disputes in Thailand frequently arise when the person listed on a land title deed is not the actual owner of the property. These disputes often stem from trust-based arrangements between romantic partners, family members, or business associates, particularly in contexts where foreigners are legally prohibited from owning land under Thai law. In such circumstances, the true owner may seek to reclaim property through civil litigation. This article explores the legal framework, including the Civil and Commercial Code Sections 1367-1373, with a particular focus on Section 1373, which presumes the named person on the title as the rightful owner unless rebutted by evidence. If you are involved in such a dispute, consulting a lead law firm in Bangkok can provide the strategic legal representation needed.

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Common Scenarios Leading to Disputes Over Property Ownership

1. Joint Investment With Only One Party Named on the Title

Foreign investors or business partners may jointly fund the purchase of land or property, only for the deed to list a single individual due to restrictions on foreign ownership.

2. Property Registered in the Name of a Romantic Partner

This is particularly common where a foreign national funds the purchase of land, but the Thai partner is listed as the legal owner to comply with Thai land ownership laws.

3. Estate Disputes Among Family Members

Following the death of a parent or relative, surviving heirs may find property registered in the name of a single heir, while others claim equal ownership rights.

4. Property Registered for Tax or Legal Evasion Purposes

In some cases, individuals register property in another person’s name to avoid taxes, evade creditors, or circumvent legal prohibitions.

5. Holding Titles in Trust Among Friends or Relatives

Individuals may place land in a trusted person’s name without formal documentation, leading to future disputes when relationships sour.

Legal Framework Under Thai Law

Section 1373 of the Civil and Commercial Code

Section 1373 establishes a rebuttable presumption that the person named on the title deed is the legal owner of the property. However, it permits contrary evidence to be admitted to prove that someone else holds actual ownership.

“A person who is in possession of property is presumed to be the owner unless proven otherwise.”

Related Legal Provisions

• Section 1367: Protection of rights derived from possession in good faith.

• Section 1368: Presumption of possession in one’s own name unless proven otherwise.

• Section 1369: Presumption of continuity of possession.

You can read the full English translation of the Civil and Commercial Code of Thailand for detailed statutory references.

Establishing Ownership Despite Not Being on the Title

1. Burden of Proof on the Claimant

The claimant who is not named on the deed must provide compelling evidence that the property was purchased on their behalf or held in trust.

2. Types of Evidence Admissible in Court

• Bank transfer slips and financial records proving purchase by the claimant

• Contracts or agreements indicating a trust or nominee arrangement

• Emails, messages, or social media communication acknowledging the arrangement

• Witness testimony from third parties

• Evidence of possession and control over the property, including utility bills or property maintenance

3. Relevance of Constructive Possession

Thai courts recognize constructive possession where the actual use, maintenance, or control of the property can indicate ownership.

Notable Case Examples in Thai Jurisprudence

Supreme Court Decision No. 1211/2551

A foreign man transferred funds to purchase land under his Thai partner’s name. The court accepted bank records and testimonial evidence, ruling in favor of the foreign claimant.

Supreme Court Decision No. 4394/2553

A sibling dispute arose over inherited land titled in only one sibling’s name. The court ruled that inheritance rights must be respected despite the title.

Strategic Considerations When Filing a Property Claim

1. Timeliness of the Claim

Delay in filing suit may undermine credibility. Courts may interpret prolonged silence as acquiescence.

2. Legal Strategy and Evidence Preparation

A robust litigation strategy includes collecting evidence early, preserving documentation, and engaging a lead law firm in Bangkok experienced in civil property cases.

3. Jurisdiction and Filing Procedures

Property disputes must be filed in the Civil Court in the jurisdiction where the property is located.

4. Risk of Counterclaims or Defamation

Filing property claims against former partners or family members can provoke retaliatory claims, requiring careful legal navigation.

Advice for Foreigners Holding Property Through Thai Partners

Legal Alternatives to Direct Ownership

• Long-term lease agreements (up to 30 years)

• Usufruct agreements granting lifetime usage

• Mortgage or encumbrance in favor of the foreign partner

• Establishing a Thai limited company with proper shareholding structure

Learn more from the Land Department of Thailand on legal forms of land tenure available to foreigners.

Preventative Measures

• Notarized agreements acknowledging beneficial ownership

• Document all financial transactions with supporting records

• Register a usufruct or mortgage as security interest if direct ownership is restricted

Legal Remedies and Expected Court Outcomes

Possession-Based Claims

The court may order the transfer of title if constructive possession and financial ownership are proved.

Compensation in Lieu of Property Transfer

In some cases, particularly where title transfer is infeasible, courts may award monetary compensation.

Partition by Sale

In cases involving joint ownership or co-investment, the court may order sale and division of proceeds.

Conclusion: Legal Recourse for True Owners Without Title

Reclaiming property in another person’s name in Thailand presents complex legal hurdles, but Thai law provides avenues for relief if sufficient evidence is presented. Section 1373 of the Civil and Commercial Code allows courts to look beyond formal ownership and assess the reality of property rights. Individuals facing such disputes should promptly seek professional legal advice, preserve relevant documentation, and act decisively to assert their legal claims. For strategic counsel, working with a lead law firm in Bangkok can significantly improve the chances of success.

External Resources for Further Reference:

• Thailand Civil and Commercial Code – English Translation

• Land Department Thailand (DOL) – Official guidelines on land registration and ownership