Process for Buying House for Child?

[FruitPudding]

I was wondering if anyone has gone through the process to buying a house for Thai child and could shed light on the process?

 

I am hoping to do this.

 

House in estate. Paid in full cash.

 

I want it to belong to my child. I understand an adult's name must be put on it aswell, but cannot sell without a court order.

 

Does that person have to be Thai (i.e. the mother)? Or can it be me? I am not legally the father as we never married and I would sort that out first, if my name could go on the property as guardian.

 

I would just rather not involve my child's mother in it at all, if possible.

 

Anyone done this before?

 

Edit: I would like to be able to stay there, everyday (child will stay with me a few days a week). Don't know if that makes a difference.

Edited April 24, 2018 by FruitPudding

[DerekMarshall]

I friend of mine done something similar. Make sure you get yourself a lifetime rent of the property in a contract, low cost of course. Others wise the mother could pressure the child to kick you out!, as could a petulant child when older. 

 

It has happened!. 

[khunPer]

I'm not sure if you legally has to be father do be guardian, but I would presume so. However, to be legal father, apart from a name on a birth certificate, the procedure is depending of the age of the child. If under seven years old you'll need a DNA-test, if seven year or older you can be legalized at the local amphor (office for ID-cards) by meeting there together with mother and child, both shall confirm you are the father. You'll need documentation, i.e. pass port, birth certificate, Thai ID-cards, house book; all also in signed copies. Do check first, as some offices has a procedure for how for example a house book shall be copied (first page, and name page, on same A4 portrait copy), and an ID-card (font and back on same A4 portrait paper). I did the amphor legalization myself, I'm also not married.

 

A child of any age can own land – a foreigner can own a house, if the house ownership is separated from the land – but make any servitudes before the land is transferred to the name of the child; for example lease contract (max. 30-years), usufruct, and/or superficies, as most land offices will not accept them later.

 

In some situations it can be beneficial to have house ownership separated from land ownership, which shall also be considered before transferring a property to the name of a minor. The house has be separated from land already, or able to be separated from the land (not sure when that's possible, a lawyer should know); however a new build house can from beginning be in the name of a foreigner (documentation is that all paperwork has to be the foreigner' name), and preferably also a superficies agreement is in place; superficies is important if the land is transferred to a minor before construction of a building.

 

Hope other posters may know about guardian and share information to you.

[scorecard]

12 minutes ago, DerekMarshall said:

I friend of mine done something similar. Make sure you get yourself a lifetime rent of the property in a contract, low cost of course. Others wise the mother could pressure the child to kick you out!, as could a petulant child when older. 

 

It has happened!. 

 

The chanot for our land (in a village) is in the name of my Thai adult son. The contract to build the house is in the name of my Thai adult son, both totally paid for. Our family lawyer, at my son's request helped get a usufruct recorded on the chanot quoting my name. 

 

Usufruct is worded to say that I can live in the house until I die.

 

Son has bequeathed the house and land and all else in equal shares to his wife and three kids.

 

If son departs, his will indicates that the chanot must be changed to show that his wife and the kids equally own the land and the house, and they become responsible for the upkeep of the house.

 

Usufruct also says that if son departs and even after his wife's and kids are recorded as the owners of the land and house on the chanot neither land or house can be sold without my written permission. And in any case by Thai law (which cannot overridden by a will) the land and house cannot be sold until  the youngest child reaches legal majority, unless there is a court order which would be close to impossible to obtain.  

 

We all have our own situation with relatives. Son's relationship with his 'in-law's' is the specific reasoning  for the documents / actions mentioned above.

 

Hope that gives some helpful inputs for the OP.

 

 

 

[BEVUP]

1 hour ago, scorecard said:

neither land or house can be sold without my written permission

Don't bet the farm on that 

& in your case it wouldn't matter, as the mother would nee to seek court approval since kids are involved

If it was just between you & wife there is absolutely nothing stopping her from Mortgaging/ selling property without your consent 

I actually read the Thai laws