Transfer home from my wife into my sons name?

[Dirk_brijs]

what would be the easiest and cheapest way to transfer the house from my wifes name into my sons name.

Bought the house about 9 years ago and want to put it into my sons name now.

[blackcab]

Go to the land office with your wife and son. Take the land title deed and their Thai ID cards and housebook.

 

Pay the transfer fees and that's about it really. Done in one visit.

 

As the land is being passed from parent to child it will be done as a Deed of Gift. This means there will be minimal taxes and fees to pay at the land office.

 

As you probably know, once the land is in your son's name you will need a court order to sell it, and this will not be easy to get.

[Delight]

 You state ' my sons name '

You do not state 'our son's name'.

Is it is fact  'our son's name'  ?

[Dirk_brijs]

4 hours ago, Delight said:

 You state ' my sons name '

You do not state 'our son's name'.

Is it is fact  'our son's name'  ?

it is our son

[Dirk_brijs]

7 hours ago, blackcab said:

Go to the land office with your wife and son. Take the land title deed and their Thai ID cards and housebook.

 

Pay the transfer fees and that's about it really. Done in one visit.

 

As the land is being passed from parent to child it will be done as a Deed if Gift. This means there will be minimal taxes and fees to pay at the land office.

 

As you probably know, once the land is in your son's name you will need a court order to sell it, and this will not be ready to get.

what are we looking at when you say minimal taxes and fees?

not looking in selling the house, house will be his to do what he wants with it

[blackcab]

That's impossible to answer. You can ask at the land office - there is no secret about the fees. It will be much less than if you sold the land to a non family member.

[Pib]

A couple of years ago the Thai mother-in-law transferred her small plot of land and home on it to the granddaughter....took just an hour or so at the land office and around Bt500 in admin fees.  Pretty easy process....no taxes/fees in the thousands of baht like some people feared....but keep in mind this was a transfer within the family.  The land/home was worth around Bt1.5M.   

[ThomasThBKK]

In terms if fees you are looking at a 100k baht TOPS I would estimate. 

 

Usually it's 2.5 percent of the sales value to an unrelated person. 

 

If you gift it, i think there's only stamp duty to pay (0.5 percent) as long as it's worth under 20 mio thb as then you would also pay gift taxes. 

 

 

You can just go to the land office, they will tell you the official gov value of your land and how much fees it would cost. 

[Neeranam]

On 4/27/2019 at 4:53 PM, Delight said:

 You state ' my sons name '

You do not state 'our son's name'.

Is it is fact  'our son's name'  ?

It might not be his wife's son.

[Neeranam]

Nice to hear it's easy, I might put the house in my name in a year, if I get citizenship.

[Arkady]

1 hour ago, Neeranam said:

Nice to hear it's easy, I might put the house in my name in a year, if I get citizenship.

 

I have transferred two pieces of land within family in two different provinces since becoming a citizen.  One was from my mother-in-law to myself and the missus jointly.  The other from my wife to the two of us jointly, i.e. she transferred half to me.  In both cases I found out that the discounted transfer rates for family members didn't apply to me.  The reason was a particular piece of Thai logic but it was consistent between the two cases.  Looking at my documents, including naturalisation certificate it was determined that I was not a Thai citizen at the time of the original purchase by the family member.  Therefore full fees and tax should apply.  If I had been Thai on the date of the original purchase into the family, I would have qualified for the idiscounted rates.  The first time this happened I thought it can't be right but didn't bother to argue because it was a fairly low value transaction.  The second time it was much higher value and I did argue and got the explanation as above.  In the first case where the land was transferred to me and the missus jointly by the MiL the higher rate was only charged on my half.

 

So be warned that, if you are a naturalised Thai, the discounts will not apply unless you were Thai at the time of the original purchase by the family member. I guess that is a carefully thought out way of spiting foreigners who bought in family member nominee names before becoming Thai but at least we can own our own land.  This practice could go either way, if someone ever took to the Administrative Court, as I doubt it is specified in the Revenue Code and it seems to be not treating all Thais as equal.  The logic that we weren't Thai at the time of original purchase seems rather tortured.

 

[Formaleins]

On 4/27/2019 at 2:14 PM, blackcab said:

Go to the land office with your wife and son. Take the land title deed and their Thai ID cards and housebook.

 

Pay the transfer fees and that's about it really. Done in one visit.

 

As the land is being passed from parent to child it will be done as a Deed if Gift. This means there will be minimal taxes and fees to pay at the land office.

 

As you probably know, once the land is in your son's name you will need a court order to sell it, and this will not be ready to get.

Agreed, pay the taxes, close your ears when they try to talk you out of it- They will, they will try to get you to keep it in your wife's name, even more so if your son is under 20. Dig your heels in and insist!

[BAYBOY]

When my wife died 2 years ago, ownership of 2 plots of land she had owned, was transferred to our son aged 17. Just an hour or so at the Land Dept. with all relevant docs. 

A year later we sold he sold one plot to help his further education. Used a lawyer, went to the childrens division of the Justice Dept. explained why he was selling, they visited the property ,took photos, and then they arranged the court hearing.

Three people spoke to the court, my son explaining the reason for the sale, myself as his father/guardian, and the buyer. Took about an hour or so, all carried out in a very relaxed atmosphere, and permission to sell granted. The funds for the sale were deposited into a Bank A/c arranged by the childrens division, which he can only withdraw from for education purposes. When he is twenty it becomes his.

Sadly my wife's family went berserk about selling "family land", I lost my job teaching at the family owned school, ended up in the Labour Court which we won, and none of the family speak to either of us. 

Now trying to sell the house and returning to my home country. The family have done everything possible to stop the sale, even posting a sign at the gate stating this land is owned by the family and all access denied to any buyer.

The last 18 months have been a huge strain on both of us, our life here has been ruined and we still battle on. Never tell me Thai people love their family. I have had 22 years of false faces and smiles. Will write a book about it all one day.

Cheers BAYBOY.

[Neeranam]

7 hours ago, Arkady said:

The second time it was much higher value and I did argue and got the explanation as above.  In the first case where the land was transferred to me and the missus jointly by the MiL the higher rate was only charged on my half.

What about if you transferred it all to your wife, then your wife transferred half of her lands to you? 

[DrDave]

A couple of years ago, my wife transferred her land and house to her daughter (age over 21). This was done as a "family transfer", with reduced taxes as mentioned above.

 

I recall that due to this type of transfer, there was some stipulation that our daughter would only be able to sell the land after a certain waiting period (5 years, I think). I never got the details about this, but I would suggest that anyone contemplating a family transfer check with their local land office regarding any restrictions on onward selling.

[krabi local]

The cost is 0.5% of the house and land value.

If you sell it or give it to a non family member then it is 2%.

[donx]

On 4/29/2019 at 11:42 AM, BAYBOY said:

When my wife died 2 years ago, ownership of 2 plots of land she had owned, was transferred to our son aged 17. Just an hour or so at the Land Dept. with all relevant docs. 

A year later we sold he sold one plot to help his further education. Used a lawyer, went to the childrens division of the Justice Dept. explained why he was selling, they visited the property ,took photos, and then they arranged the court hearing.

Three people spoke to the court, my son explaining the reason for the sale, myself as his father/guardian, and the buyer. Took about an hour or so, all carried out in a very relaxed atmosphere, and permission to sell granted. The funds for the sale were deposited into a Bank A/c arranged by the childrens division, which he can only withdraw from for education purposes. When he is twenty it becomes his.

Sadly my wife's family went berserk about selling "family land", I lost my job teaching at the family owned school, ended up in the Labour Court which we won, and none of the family speak to either of us. 

Now trying to sell the house and returning to my home country. The family have done everything possible to stop the sale, even posting a sign at the gate stating this land is owned by the family and all access denied to any buyer.

The last 18 months have been a huge strain on both of us, our life here has been ruined and we still battle on. Never tell me Thai people love their family. I have had 22 years of false faces and smiles. Will write a book about it all one day.

Cheers BAYBOY.

Let me know if and when you write it. I'd honestly be interested in reading it.