Land paper in Childrens name

[thompsoncm]

Some advice please.

In the case of a divorce with Thai wife. We have two sons age 6 & 8, is it legaly possible to have the land paper for our home put in the childrens name? They are Thai/British and I expect to gain full custardy of the children.

 

Thanks very much.

[BEVUP]

Yes it is but do it prior to divorce

You will no doubt be Guardian until they reach 20 if you get custody - or it is still possible if there's dual custody

Land needs to be paid in full & it shall require a court order if mortgaged or ect if in the childrens interest to do that

 

[Thongkorn]

Be careful of the chanut, If they have it they can borrow money off it. Get and keep the chanut.

[BEVUP]

23 minutes ago, Thongkorn said:

Be careful of the chanut, If they have it they can borrow money off it. Get and keep the chanut.

That would only be to Loan Sharks

If the shark took that risk & debt wasn't paid he would have to go to court to be able to change names since a child is registered on it

 

But I don't think that will occur since the Father is seeking custody & children cant get loans 

 

The biggest worry is if the Chanote is in the childs name only (remembering the father is only Guardian ), the child when 20 shall have full rights over the Chanote. One would not want the child to turn out a rotten apple as the child may want to Mortgage property.

 

But in the OP's case he has 2 kids which would make the above harder

[MikeyIdea]

Yes, it is possible. I bought land in my daughters name at Huaykwang land office in Bangkok when she was 2 years old. Her name is at the back of the chanote as owner and her thumb print is on the original buy / sell agreement (she couldn't sign at the age of 2) together with both legal guardians signatures. I had done my homework and had all required papers and took the 5 of us (seller, lawyer, father, mother, child) from 8 AM to 2 PM to complete all. It's done all over Thailand but I have also heard that land offices in Chiang Mai and Hua Hin refuse to transfer land to a Thai child if the child has a foreign parent but I doubt that would hold up in court, a Thai citizen has the right to own land by law. The rationale is probably a local interpretation of that Thai land should be kept in Thai hands and should not be controlled by foreigners.

 

It's impossible to give a responsibility to a child so land must be fully paid. Mortgage can not be placed on the land until child reach majority because not even a Thai court has the authority to give a responsibility to a child. They can in very exceptional cases only, authorize to have it sold but money will then be placed with a guardian (normally child care department, never the legal guardians) and they decide what to do with the money. This is extremely rare

 

On ‎4‎/‎16‎/‎2018 at 9:49 AM, BEVUP said:

That would only be to Loan Sharks

If the shark took that risk & debt wasn't paid he would have to go to court to be able to change names since a child is registered on

That won't work. The court would order the debt defunct. Any debt on a childs asset is by definition defunct as the child or guardian never was allowed to authorise it. The safest way to "get rid off" a debt in a childs asset is to take it to court

 

Transfer before or during court proceedings? Don't think it matters much if what's going on is fair to all parties. Don't expect a Thai court to jut sit and watch while something unfair happens, they will support the transfer to the children but they will also advice the wife is something unfair is going on and ask e.g., Why do you want to give away custody? It's easy to get court to agree to a clause like: Mother father agree to give child land this and that. Must specify within a certain date suggest 30 days. Then mother, father, child go with lawyer to land department and get transfer done.

 

If land department refuses? Shouldn't matter. Selling the land is perjury and that's non-compoundable criminal law. It should work to go back to court after transfer date has expired (maximum one year after court date) and request court order to be enforced and hand it over to Gromm Bangkapp Kadi after it is enforced (means loosely translated department for court order enforcement). They should not have any problems to get land transferred to a Thai child. Land department may dare to refuse to transfer to a Thai child because one legal guardian is western in front of the westerner but it should be a totally different matter if Gromm Bangkapp Kadi comes and orders the enforcement of a court order 

 

Michael

 

[offset]

If you do put in Childs name make sure the proper value of the land is quoted on the paperwork and if there is a house on the land make sure that is noted to because if they are not noted it is possible if you die for the mother go to the court with a good lawyer and get the land sold at a lower price and make some money off it

[MikeyIdea]

19 hours ago, offset said:

If you do put in Childs name make sure the proper value of the land is quoted on the paperwork and if there is a house on the land make sure that is noted to because if they are not noted it is possible if you die for the mother go to the court with a good lawyer and get the land sold at a lower price and make some money off it

Money from sale is put with child services and not handed over to the surviving parent

[offset]

1 hour ago, MikeyIdea said:

Money from sale is put with child services and not handed over to the surviving parent

Yes I know that 

 

What happen to me was the Her mom without me knowing applied to the court to sell the land and said the land was worth the same as on the chanote of 250000 baht but did not say that there was now a house on the land and the court did not check on it, the court agreed for the land to be sold and put it in the hands of bank to sell. Her mom then arranged a friend to buy the land from the bank and the next day the mom brought the land from the friend and took a 2200000 loan out on the land which she never paid back so lost the land

 

The 250000 Baht went to the Children's Welfare

 

I was not married so I had no say in what happen and it was all done without my knowledge 

[MikeyIdea]

3 minutes ago, offset said:

Yes I know that 

 

What happen to me was the Her mom without me knowing applied to the court to sell the land and said the land was worth the same as on the chanote of 250000 baht but did not say that there was now a house on the land and the court did not check on it, the court agreed for the land to be sold and put it in the hands of bank to sell. Her mom then arranged a friend to buy the land from the bank and the next day the mom brought the land from the friend and took a 2200000 loan out on the land which she never paid back so lost the land

 

The 250000 Baht went to the Children's Welfare

 

I was not married so I had no say in what happen and it was all done without my knowledge 

A good reason to go to court and get legitimized so that it can be stopped before hand. It could probably or at least perhaps have been reversed after event too, I have asked a judge about this => he said that court can and do order land transferred back to child if friendship / relationship can be proven and sales price is obviously below realistic market value. It's so much more difficult though and not certain

[offset]

22 minutes ago, MikeyIdea said:

A good reason to go to court and get legitimized so that it can be stopped before hand. It could probably or at least perhaps have been reversed after event too, I have asked a judge about this => he said that court can and do order land transferred back to child if friendship / relationship can be proven and sales price is obviously below realistic market value. It's so much more difficult though and not certain

Yes I did start to do that but it meant that the mom might get a prison sentence because she lied to get a new chanot to the police ( I had the original but she told the police that she lost it) and I did not want that for the daughter, I had to put 130000 into the court plus the cost of a lawyer which if I lost the case I would not get back and I did not think I needed all the problems of a court cases so I stopped the proceedings of a criminal and a civil case

[MikeyIdea]

8 minutes ago, offset said:

Yes I did start to do that but it meant that the mom might get a prison sentence because she lied to get a new chanot to the police ( I had the original but she told the police that she lost it) and I did not want that for the daughter, I had to put 130000 into the court plus the cost of a lawyer which if I lost the case I would not get back and I did not think I needed all the problems of a court cases so I stopped the proceedings of a criminal and a civil case

I understand you fully. I have a different problem at home which I could "solve" the same way and I choose not to too. There are only bad and worse choices sometimes, doing nothing can very well be the best choise

[offset]

12 minutes ago, MikeyIdea said:

I understand you fully. I have a different problem at home which I could "solve" the same way and I choose not to too. There are only bad and worse choices sometimes, doing nothing can very well be the best choise

That is what I thought at the time I ended up with sole custody of my son so she cannot do the same with the land in his name