Ownership Of Land By Thai Minors

[srisatch]

Have searched forum but cannot find this. Also spoke to lawyer...What?!!

Q1. At what age does a Thai 'come of age' regarding ownership of land, property etc.

Q2. Can Thai Minors own land in their own name?

Q3. If answer to 2 is no; Presumably there would need to be a 'trustee'? Who or what entity can be a 'trustee'? Does this concept exist in Thai law? How can they be guaranteed?

ie. Not family, but independent..., but secure! ie Could a foreign law firm be that?

Q4. Can a Thai with a farang surname, though with Thai ID and passport own land? I know this sounds like a loopy Q...but it has been raised!

Q5. On majority would their continuing to hold a passport from a non Thai country jeopardise their rights to land ownership?

Welcome to LOS

[buriramboy]

Have searched forum but cannot find this. Also spoke to lawyer...What?!!

Q1. At what age does a Thai 'come of age' regarding ownership of land, property etc.

Q2. Can Thai Minors own land in their own name?

Q3. If answer to 2 is no; Presumably there would need to be a 'trustee'? Who or what entity can be a 'trustee'? Does this concept exist in Thai law? How can they be guaranteed?

ie. Not family, but independent..., but secure! ie Could a foreign law firm be that?

Q4. Can a Thai with a farang surname, though with Thai ID and passport own land? I know this sounds like a loopy Q...but it has been raised!

Q5. On majority would their continuing to hold a passport from a non Thai country jeopardise their rights to land ownership?

Welcome to LOS

I'll explain my situation and see if it helps you, last year i bought 36 rai of land in Buriram and put it solely in my daughters name, she was 2 at the time and is half thai/half british. i personaly had to sign lots of papers in the land office, but how i understand it is that no money can be borrowed on the land and the land can not be sold until my daughter is 20. If putting land in a childs name it is probably best not admit to the child holding a foreign passport, just say she/he is 100% thai and only has Thai birth certificate/passport, the reason i say this is that a friend is currently having problems getting a house in a childs name after admitting that the child has a foreign passport. To answer your Q4, my daughter has no Thai name, british christian and family name.

BB

[srisatch]

Have searched forum but cannot find this. Also spoke to lawyer...What?!!

Q1. At what age does a Thai 'come of age' regarding ownership of land, property etc.

Q2. Can Thai Minors own land in their own name?

Q3. If answer to 2 is no; Presumably there would need to be a 'trustee'? Who or what entity can be a 'trustee'? Does this concept exist in Thai law? How can they be guaranteed?

ie. Not family, but independent..., but secure! ie Could a foreign law firm be that?

Q4. Can a Thai with a farang surname, though with Thai ID and passport own land? I know this sounds like a loopy Q...but it has been raised!

Q5. On majority would their continuing to hold a passport from a non Thai country jeopardise their rights to land ownership?

Welcome to LOS

I'll explain my situation and see if it helps you, last year i bought 36 rai of land in Buriram and put it solely in my daughters name, she was 2 at the time and is half thai/half british. i personaly had to sign lots of papers in the land office, but how i understand it is that no money can be borrowed on the land and the land can not be sold until my daughter is 20. If putting land in a childs name it is probably best not admit to the child holding a foreign passport, just say she/he is 100% thai and only has Thai birth certificate/passport, the reason i say this is that a friend is currently having problems getting a house in a childs name after admitting that the child has a foreign passport. To answer your Q4, my daughter has no Thai name, british christian and family name.

BB

That is really interesting. My daughter is 4 Luk Khreung, too. Thai and UK passports. I am in Chiang Mai and Sukothai...here the story is ..cannot. I don't believe it...........But.WHAT PAPERS did you have to sign?? Not worried about the cannot sell /cannot borrow bit

Cheers

[buriramboy]

my daughter has a british passport/birth certificate too, but i lied and said she didn't, i've explained to my wife as far as everyone is concerned in Thailand (the authorities) the british passport does not exist.

The papers were various things, all in Thai (and i can't read Thai), basicaly that i have no clain on the land and my wife and i will protect it for my daughter and also because being married, apparantly the wife can't buy land without my signature. I remember it took all day though,we were in the land offiece from 9am till 4pm. Basicaly as long as you have your wifes ID card, your kids thai birth certificate, and the house family book with both your wife and kids names in there and your marriage certificate and your passport, you should have no problems (ha ha!!). Just don't admit to the british passport and make sure your wife understands this.

BB

[Khun Bob]

If you are the father and guardian of a thai (nationality, citizen) child and are not married or

Have legally adopted a thai child

Do the above statements equally appply ?

My guess is even harder, just wondering if there is the remote possibility ?

[simon43]

...apparantly the wife can't buy land without my signature

[\quote]

Not sure where you heard this. I think this is incorrect. Your Thai wife does not lose or have any restriction placed on her rights to buy/sell land, just because she is married to you.

Simon

[fat boy slim]

No but if the falang is paying he has to say that the Thai wife bought the house with her own money so the falang does not have a claim on it. ( Clever <deleted> Eh!)

[Khun Bob]

If you are the father and guardian of a thai (nationality, citizen) child and are not married or

Have legally adopted a thai child

Do the above statements equally appply ?

My guess is even harder, just wondering if there is the remote possibility ?

Comments anyone ?

[gummy]

A Thai minor can legally be the owner of land irrespective whether or not he or she has dual nationality, but would need to be of legal age to sign documents relating to development or sale of said land. The laws is that if your wife buys freehold property then you, as an alien, have to sign a disclaimer stating that you have no claim to it as a alien irrespective of whether or not you or her provided the funds for a purchase. Something of further of interest is that any children, irrespective of whether they have dual or sole Thai nationality, are excluded from serving in the armed forces and Police if they have a non Thai Father.

[Rob_Ptty]

Something of further of interest is that any children, irrespective of whether they have dual or sole Thai nationality, are excluded from serving in the armed forces and Police if they have a non Thai Father.

Gummy, I have been looking for information on just that subject. Could you clarify the source, please? My son is only 2.5y.o. and I am probably jumping the gun a little but as a divorced single Dad living in the Kingdom it is nice to have as much information as possible stuck up one's sleeve.

[billd766]

A Thai minor can legally be the owner of land irrespective whether or not he or she has dual nationality, but would need to be of legal age to sign documents relating to development or sale of said land. The laws is that if your wife buys freehold property then you, as an alien, have to sign a disclaimer stating that you have no claim to it as a alien irrespective of whether or not you or her provided the funds for a purchase.

Something of further of interest is that any children, irrespective of whether they have dual or sole Thai nationality, are excluded from serving in the armed forces and Police if they have a non Thai Father.

Now that is something I didn't know.

Does it mean he is exempt from National service or could he become a volunteer?

Rob_Ptty

My son is only 2.5 yo old as well and I only saw your post when I replied to Gummy's.

I am still married to his Mum.

Gummy, I have been looking for information on just that subject. Could you clarify the source, please? My son is only 2.5y.o. and I am probably jumping the gun a little but as a divorced single Dad living in the Kingdom it is nice to have as much information as possible stuck up one's sleeve.

[buriramboy]

Something of further of interest is that any children, irrespective of whether they have dual or sole Thai nationality, are excluded from serving in the armed forces and Police if they have a non Thai Father.

Gummy, I have been looking for information on just that subject. Could you clarify the source, please? My son is only 2.5y.o. and I am probably jumping the gun a little but as a divorced single Dad living in the Kingdom it is nice to have as much information as possible stuck up one's sleeve.

Unless Gummy can provide some evidence or a link for his statement, i would personaly take it with a pinch of salt as it is the exact opposite as to what i've always believed.

BB

[gummy]

Something of further of interest is that any children, irrespective of whether they have dual or sole Thai nationality, are excluded from serving in the armed forces and Police if they have a non Thai Father.

Gummy, I have been looking for information on just that subject. Could you clarify the source, please? My son is only 2.5y.o. and I am probably jumping the gun a little but as a divorced single Dad living in the Kingdom it is nice to have as much information as possible stuck up one's sleeve.

Unless Gummy can provide some evidence or a link for his statement, i would personaly take it with a pinch of salt as it is the exact opposite as to what i've always believed.

BB

No proof I'm afraid, just always took it as "gospel" when told by my Thai Father-in-Law. Although he passed away some time ago, being a Thai diplomat I never had any reason to doubt or question it's validity. One of my Brothers-in-law who is still in the Thai military is also under this impression. We do not see him often but when I do I will enquire further as to where it is stipulated.

[buriramboy]

Gummy you could be right, but like i said i have always believed the opposite, so to save taking this thread off topic, i'll open a new thread because i am sure someone out there will have a definative answer.

BB

[Khun Bob]

A Thai minor can legally be the owner of land irrespective whether or not he or she has dual nationality, but would need to be of legal age to sign documents relating to development or sale of said land. The laws is that if your wife buys freehold property then you, as an alien, have to sign a disclaimer stating that you have no claim to it as a alien irrespective of whether or not you or her provided the funds for a purchase. Something of further of interest is that any children, irrespective of whether they have dual or sole Thai nationality, are excluded from serving in the armed forces and Police if they have a non Thai Father.

So, if you were the father of a Thai child (citizen), your child could own land, likewise if you adopted a Thai (citizen) child, they could own land, and you could both loive on that land ?

Comments anyone ?

[chanchao]

But you can't trade it or mortage it for up to 20 years!? That's quite a serious limitation.

[Khun Bob]

But you can't trade it or mortage it for up to 20 years!? That's quite a serious limitation.

So I'll take that as a yes then with constraints - however the constraints seem to be just as good as a lease but with a bit more security, provided you still have some involvement/take care of/havent parted with the child (provided one has been a genuine good parent to the child...)

[chanchao]

I wouldn't trust my kids further than I can throw em.

[jumnien]

Boy, my parents didn't rush to put any property into my name, why would I put a bunch in my son's name? He'll get his in time...

[SamuiRes]

Check this very good artcle from Tilleke & Gibbons

Thailand Legal Basics

Land Systems, Rules and Regulations

Page 41 has a section on ownership by minors born of an Alien

http://www.tillekeandgibbins.com/Publicati...sics/index.html