Anyone buying Thai property with a partner, relative or investor should agree in writing who contributes what, how ownership is registered, who may occupy or rent the property, how expenses and income are shared, which decisions require consent and what happens if one party dies, defaults or wants to sell. The private agreement must match the lawful registered ownership structure.
Who is contributing money and property?
- purchase-price contribution by each party;
- reservation, deposit and transfer payments;
- loan or mortgage contribution;
- furniture, renovation and fit-out spending;
- transaction fees and taxes;
- evidence and timing of each contribution.
How will ownership be registered?
The agreement should identify the intended registered owner or owners and the relationship between registered title and economic contributions.
Never assume a private payment record creates a registered property right. Confirm the proposed title structure and any foreign-ownership restrictions before funds are committed.
Who may live in or use the property?
- primary occupant or shared occupancy;
- guest and family access;
- exclusive-use rooms, parking or storage;
- pet and building-rule compliance;
- holiday or occasional-use scheduling;
- conditions for changing occupancy.
How are expenses divided?
- common-area fees and sinking-fund calls;
- utilities and internet;
- insurance;
- repairs and maintenance;
- tax and accounting costs;
- renovation and replacement spending;
- emergency expenditure.
State whether expenses follow ownership percentages, actual use or another agreed formula.
Who controls rental and income decisions?
- whether rental is permitted;
- who selects tenants and signs leases;
- minimum acceptable rent and lease term;
- manager appointment;
- rent-receiving account;
- expense deductions;
- distribution of net income.
Which decisions require unanimous approval?
- sale or mortgage;
- long-term lease;
- major renovation;
- new borrowing;
- change of property manager;
- litigation or settlement;
- material change in use.
What if one owner fails to pay?
Define notice, cure periods and consequences before a default occurs.
- temporary advance by the other owner;
- recording the advance as a debt;
- interest or cost recovery where lawful;
- adjustment on sale or buyout;
- loss of non-essential decision rights;
- forced-sale or dispute process.
How does one owner leave the arrangement?
- written notice period;
- independent valuation method;
- right of first refusal;
- buyout payment schedule;
- sale-marketing process;
- broker and transaction-cost allocation;
- distribution of net proceeds.
What happens after death or incapacity?
Coordinate the co-ownership agreement with valid wills, succession planning and the legal limits affecting the particular property.
- notice to the surviving owner;
- temporary payment and management authority;
- buyout option from the estate;
- valuation and payment process;
- treatment of inherited ownership rights;
- required sale where an heir cannot lawfully retain property.
How should disputes be handled?
- Written notice describing the dispute.
- Good-faith meeting between the parties.
- Independent accounting or valuation where relevant.
- Mediation or other agreed resolution process.
- Specified court or lawful forum if unresolved.
Explore buyer education through Learn, ownership resources at Owners and professional support in the directory.
Agree on the exit before the purchase.
A clear buyout and sale process protects every co-owner when plans or relationships change.
Find ownership-planning supportFrequently asked questions
What is a property co-ownership agreement?
It is a private contract between people sharing an ownership or investment interest that sets out contributions, use, expenses, decisions, sale rights and dispute procedures.
Does a private agreement replace the registered title?
No. The registered title and rights recorded with the relevant authority remain legally significant. A private agreement governs the parties' relationship but cannot safely be treated as a substitute for correct registration.
Should unmarried couples use a co-ownership agreement?
Where both contribute to a property, a written agreement can clarify ownership, payments, occupancy and exit arrangements. Each party should obtain independent advice.
What happens if one owner wants to sell?
The agreement should state notice, valuation, first-refusal, buyout and sale procedures rather than leaving the issue unresolved.
Can foreigners co-own a Thai condominium?
Foreign condominium ownership remains subject to applicable condominium-law conditions and building quota requirements. The ownership and funding structure should be confirmed before purchase.
Sources & References
- Department of Lands
- Royal Thai Government Gazette
- Revenue Department
- Department of Business Development
Primary and official sources are cited above. Government rules, fees and procedures in Thailand change over time and vary by office; always confirm current requirements with the relevant authority before relying on them. BAANLYY never takes paid placement in editorial content.
