Property ownership

[Blackandwhite]

My daughter is of dual nationality and she we live in the Uk, I would like to purchase a house in cash in her name 

 

She has a Thai passport and a British passport 

 

What age can she legally own property ??

Tnx

[BEVUP]

Any age but the catch is she will need a Guardian for the property until the age of 20 & court order for any financial dealings

[Blackandwhite]

Thank you for this speedy reply and it is an interesting one 

 

Does the guardian need to be Thai ?

[BEVUP]

From what I've read on here NO, but they may push the point to be - Pretty sure I'm correct

[scorecard]

22 hours ago, BEVUP said:

From what I've read on here NO, but they may push the point to be - Pretty sure I'm correct

 

I'm aware of 3 sisters jointly owning a decent size piece of land and 5m Baht house in a good size well maintained moo bahn, youngest is 1yr 9mths old, then 6, YO then 13 YO. 

 

Father is mentioned as the guardian, and in the fathers will the mother automatically becomes the guardian if needed, but with a set plan of how any money can be used.

 

Future plan is to give the 3 daughters an individual house and land in their names.

 

In fathers will, 25% of all current cash and future earnings goes to the mother and 3 daughters equally.

 

Cars and other items all specifically bequeathed, majority goes direct to the daughters. 

 

Add, this plan is from the Thai father who regularly / as needed quickly adjusts his will, he trusts his wife but absolutely doesn't trust her family, and with good reason. If they could they would have hesitation to intimate the wife. 

 

[Cashboy]

I understand 21 years old.

[pest]

Guardian does not need to be thai

23 hours ago, Blackandwhite said:

Thank you for this speedy reply and it is an interesting one 

 

Does the guardian need to be Thai ?

 

[JusticeGB]

She can own it in her own right at 20 the age of majority in Thailand. I have had conflicting views if a UK born father can be the Trustee

 

[manchega]

Scorecard that is very interesting,

 

is this first hand information?

[Blackandwhite]

Sounds straight forward and fair - please keep posting if you can 

[Hans Rayong]

In my yellow housebook has amphur signed me as owner of the property, that is owned by my two underage children.

[PoorSucker]

Any age but if under legal age any sale has to go through court turn protect the childs right to the property.

[eddie61]

2 hours ago, Cashboy said:

I understand 21 years old.

It is undoubtedly 20 ( I just went through this last year)

[TerryLH]

3 hours ago, Hans Rayong said:

In my yellow housebook has amphur signed me as owner of the property, that is owned by my two underage children.

Neither the Blue or Yellow house book shows ownership.

 

[Suitcase]

W

[maprao]

So we have any age to 21. I wonder if one of the forum sponsors (law firm) can come in on this to clarrify

 

 

 

 

 

 

[scorecard]

8 hours ago, manchega said:

Scorecard that is very interesting,

 

is this first hand information?

 

Yes! 

 

However I am aware that different land titles office managers do have different views / policies on this subject, and that also relates to whether the 'guardian' must be  a Thai person or could be a farang. 

 

My awareness relates to Chiang Mai. I should add that my experience is aligned to a certain law firm who the government agencies are frightened of, therefore no games, etc. And I won't be revealing the name of the law firm.

 

 

[scorecard]

5 hours ago, TerryLH said:

Neither the Blue or Yellow house book shows ownership.

 

 

I suspect their a misunderstanding here, the blue / yellow household registration book (tabien baan book) is an official record of who lives at a specific address and nothing more. Keep in mind that in Thailand people often have to prove two quite different items which are covered in quite different documentation:

 

- Prove their identity (ID) - prove their name - typical Thai ID card or Thai passport

 

-  Prove their specific recorded address -tabien Baan (household registration)book).

 

As above, these two item are covered in quite different official documents.

 

The tabien baan book is a record of who officially resides / lives at a given address, it's NOT a record of who owns the land or owns the house at that same specific address.

 

Ownership is specifically recorded in the land title documents (usually called the chanut document, however in Thailand there are several types of land ownership documents). 

 

 

[scorecard]

23 minutes ago, maprao said:

So we have any age to 21. I wonder if one of the forum sponsors (law firm) can come in on this to clarrify

 

 

 

 

 

 

 

Possibly can, but stand by for outrageous fees for any advice or work. 

 

 

[baansgr]

Depending on the reason to purchase in a childs name is not always ideal. The childs Thai Mother/Father has full access rights to the property including moving extended family into the property. 

[Confuscious]

I had the same problems as you and went to the Land Department with my questions.
Here are the answers I got: (be aware that this is Thailand and EVERY Land Department Officer can ask for additional documents and bend the rules as he please!!!!!!!)

1, The LEGAL AGE for a child to own a property is 21 years (was 17 years).
2. If the child has not reached has not reached the legal age to own a property, a GUARDIAN must be appointed who will guard the right of the child until the child has reached the legal age to own a property.
3. The property shall be FREE of charges (Loan, Leasing, etc.)
4. When the ownership of the property is transferred to the child, a Court decision is needed before selling the property or endorse the property (Loan, Lease, etc.)

CATCH 22!!!!!:
Assume that the child has the property and "x" is named as the Guardian.
"x" is in dire need of money and decide to sell the property to "y".
The Officer at the Land Department has no problem to do this transaction with the "grease" offered by "x".
When "y" shows up with the Land Deed in his name, a dispute starts and you or the family will set the "Legal" machine in "RUN" position.

1. The parents of the child can file a report at the police that something "fishy" has happened and you want the property back.
IF, (I repeat IF), the Police are cooperative with you, they will ask (very polite) "y" to come to the police station and explain what happened.
Possibility of good result for you: "0" (nada; zilch, nul, etc.)
 

2. You hire a lawyer and start a court case.
Money upfront for lawyer, Court, writing (maybe translating) documents and non-specified inquiries = 200,000 Baht up.

Possibility of good result for you: "50" (I give you a lot of credit).
Time = between 6 months and 2 years for the court case to be processed and about 3 months for a decision.

IMPORTANT NOTE!!!!!!!!
If "y" doesn't shows up at the court, the court will postpone a decision.
The "Organic Laws" are only for persons with a political function.
All others can ONLY be trialled by the court when they are physically present at the court.
Court decision "In Absentia" does not exists in Thailand.

Good luck
I decided to buy a property for my child in MY country.
The child is the FULL OWNER of the property and the court named a "Family Counsil" to take care of the Property as long as the child gas not reached the age of 18 years. 
 

[baansgr]

21 hours ago, Confuscious said:

I had the same problems as you and went to the Land Department with my questions.
Here are the answers I got: (be aware that this is Thailand and EVERY Land Department Officer can ask for additional documents and bend the rules as he please!!!!!!!)

1, The LEGAL AGE for a child to own a property is 21 years (was 17 years).
2. If the child has not reached has not reached the legal age to own a property, a GUARDIAN must be appointed who will guard the right of the child until the child has reached the legal age to own a property.
3. The property shall be FREE of charges (Loan, Leasing, etc.)
4. When the ownership of the property is transferred to the child, a Court decision is needed before selling the property or endorse the property (Loan, Lease, etc.)

CATCH 22!!!!!:
Assume that the child has the property and "x" is named as the Guardian.
"x" is in dire need of money and decide to sell the property to "y".
The Officer at the Land Department has no problem to do this transaction with the "grease" offered by "x".
When "y" shows up with the Land Deed in his name, a dispute starts and you or the family will set the "Legal" machine in "RUN" position.

1. The parents of the child can file a report at the police that something "fishy" has happened and you want the property back.
IF, (I repeat IF), the Police are cooperative with you, they will ask (very polite) "y" to come to the police station and explain what happened.
Possibility of good result for you: "0" (nada; zilch, nul, etc.)
 

2. You hire a lawyer and start a court case.
Money upfront for lawyer, Court, writing (maybe translating) documents and non-specified inquiries = 200,000 Baht up.

Possibility of good result for you: "50" (I give you a lot of credit).
Time = between 6 months and 2 years for the court case to be processed and about 3 months for a decision.

IMPORTANT NOTE!!!!!!!!
If "y" doesn't shows up at the court, the court will postpone a decision.
The "Organic Laws" are only for persons with a political function.
All others can ONLY be trialled by the court when they are physically present at the court.
Court decision "In Absentia" does not exists in Thailand.

Good luck
I decided to buy a property for my child in MY country.
The child is the FULL OWNER of the property and the court named a "Family Counsil" to take care of the Property as long as the child gas not reached the age of 18 years. 
 

At 21years old the child is an adult, although understand what you mean. It does seem to depend on the lsnd office and isnt a watertight solution 

[Hans Rayong]

You are wrong!

In my yellow house book it is written, สถานภาพ (= status) is เจ้าบ้าน (= owner). 

I live in the house as owner (actually guardian of my underage children who own the house).

[scorecard]

On 1/6/2018 at 8:15 AM, baansgr said:

At 21years old the child is an adult, although understand what you mean. It does seem to depend on the lsnd office and isnt a watertight solution 

 

Quote:

"1, The LEGAL AGE for a child to own a property is 21 years (was 17 years).
2. If the child has not reached has not reached the legal age to own a property, a GUARDIAN must be appointed who will guard the right of the child until the child has reached the legal age to own a property."

 

As you mentioned every land office has it's own interpretation, our local LTO will record the child / children as the owners at basically any age.

 

Child meaning not yet 20 years old.  In this case if all the children are not yet 20 years heir own names are recorded on the chanut but if any child recorded on the chanut is under 20 years old old a guardian must be appointed,  but this automatically lapses when the youngest child reached 20 years old.

 

Say again, this changes from LTO office to LTO office.

[BEVUP]

14 hours ago, scorecard said:

 

Quote:

"1, The LEGAL AGE for a child to own a property is 21 years (was 17 years).
2. If the child has not reached has not reached the legal age to own a property, a GUARDIAN must be appointed who will guard the right of the child until the child has reached the legal age to own a property."

 

As you mentioned every land office has it's own interpretation, our local LTO will record the child / children as the owners at basically any age.

 

Child meaning not yet 20 years old.  In this case if all the children are not yet 20 years heir own names are recorded on the chanut but if any child recorded on the chanut is under 20 years old old a guardian must be appointed,  but this automatically lapses when the youngest child reached 20 years old.

 

Say again, this changes from LTO office to LTO office.

So you just repeated yourself twice & then contradicted yourself about the age

[AlbionThailand]

Age for property is 20 according to the attorney used for my Thai wife's will.

 

In the event of her death, our real estate holdings (currently in her name) transfer to my son (Thai) with myself (Foreigner) as the legal guardian until he is 25.

 

 

[BEVUP]

1 minute ago, AlbionThailand said:

Age for property is 20 according to the attorney used for my Thai wife's will.

 

In the event of her death, our real estate holdings (currently in her name) transfer to my son (Thai) with myself (Foreigner) as the legal guardian until he is 25.

 

 

More BS

Most of you so called expert Falangs have to wake up - Lawyers here are fulling your heads full of s**t

You just answered yourself in the statement that the age is 20 in your wifes will so obviously they are an ADULT & dont need a GUARDIAN 

When will most of these FALANGS wake up