Loan under foreign law
Basically, under Thai law yes you can do an agreement with your wife, but under Thai law any agreements between husband and wife can be voided. In this case the return of the money shall be governed by the undue enrichment section of the civil code. This could become complicated, must be calculated and depends on if you can proof what part of the money came from your personal (separate) property (money). Another option could be that you do a loan with your wife under French civil law and chose the application of French law on the loan agreement and when necessary follow French court proceedings to claim your money back when required. Any French court ruling must again go through a Thai court procedure to be executed in Thailand, but your wife cannot set section 1469 up against this (French) court ruling. The loan should be backed in Thailand with a mortgage registration.
Under Thai law only
Any agreements (like any voluntary transfer of money from your personal account (gift) or loan agreement between husband and wife) can be voided by either party simply because it is the law in Thailand (section 1469). For the same reason you cannot make a contract governing property of husband and wife after the marriage (post-nuptial) without court approval. At the time of divorce marital assets are divided between husband and wife and personal assets not. What you get in a divorce often also depends on what you can prove in court as to be personal assets read more...
Answers
1. Yes, there is a procedure at the land office. When a Thai national married to a foreigner request ownership registration of land in Thailand the land office involved must make sure that the land becomes a personal property of the Thai spouse alone (separate from marital property). Land in Thailand may not become a jointly acquired property of a foreign husband and Thai wife under Thai marriage laws. See reference link below this post.
2. Yes, there is a section in Thai marriage laws that any agreement between husband and wife can be voided. This section falls under the chapter 'property of husband and wife' and applies to property of husband and wife, or matrimonial property, marital assets and personal asset of husband and wife. Below the relevant section:
- Section 1469. Any agreement concluded between husband and wife during marriage may 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 right of third persons acting in good faith are not affected thereby.
- มาตรา 1469 สัญญาที่เกี่ยวกับทรัพย์สินใดที่สามีภริยาได้ทำไว้ต่อกันในระหว่าง เป็นสามีภริยากันนั้น ฝ่ายใดฝ่ายหนึ่งจะบอกล้างเสียในเวลาใดที่เป็นสามีภริยากันอยู่หรือภายใน กำหนดหนึ่งปีนับแต่วันที่ขาดจากการเป็นสามีภริยากันก็ได้ แต่ไม่กระทบกระเทือนถึงสิทธิของ บุคคลภายนอกผู้ทำการโดยสุจริต
The above means that property of husband and wife and personal property of each spouse cannot be altered by agreements between husband and wife (as it is governed during the course of the marriage by Thai marriage laws). I would say that a loan between husband and wife can be voided, the return of the money shall be governed by the provisions on Undue Enrichment (406 - 419 civil and commercial code)
