Buying Land&House in Children's name

[Clifford S]

Hi

 

So first of all pls Yes I am seeing my (Farang Company) Lawyers. They are advising. I will be going for a Mediation Date at Court in the near future.

 

Here's the plan, I have 2 Half Thai/Half European childrens early teens. Separated (Never married) to the Mother. I wish to buy in an existing housing development and put the Land&House in the Children's name for them to live 50% of the time with their Mother.

 

I have read  a few threads on the matter. Generally seems OK but MIGHT require a court order for the Land Office to transfer the Land into the children's name.

Other Members have mentioned problems before in HuaHin for example. Another member a couple of years ago has mentioned the Mother managed to sell the land anyways !

 

Off to see my solicitors tomorrow anyways, just curious if anyone been down the same route as me in Phuket ? Although I'm keen to hear about other provinces too.

 

Cheers

Cliffy...

 

 

 

 

 

 

 

 

 

 

[scorecard]

Perhaps the first point, do the 2 children have Thai citizenship and Thai ID cards?

[scorecard]

Perhaps this might help, my Thai son recently updated his will leaving his decent size 2 plots of land and the 1 house and contents on that land jointly /equally to his 3 kids, 15, 8, 4 yo. Before the will was finished and signed, my son went with his lawyer (at lawyers suggestion - lawyer is fully qualified and well experienced, old family friend) to see the head of the local muang Chiang Mai land office to check if there are any complications if ownership to the 3 kids was to be done tomorrow.

 

Answer no problem totally legal, but there needs to be a guardian / advisor nominated in the will and that person's name would be put on the land chanut document. But of course the guardian / advisor cannot change the will and cannot actually sell the land etc. In fact the land and house cannot be sold until all 3 kids reach the age of majority for Thailand. Only exception would be that selling has been approved by a specific court order which is very difficult to obtain.  

[Clifford S]

11 hours ago, scorecard said:

Perhaps the first point, do the 2 children have Thai citizenship and Thai ID cards?

Thai Citizehship :

 

Yes, Born in Thailand to Thai mother with Thai Birth Certificates.

No Id cards but yes I should go sort that !

[Clifford S]

11 hours ago, scorecard said:

Perhaps this might help, my Thai son recently updated his will leaving his decent size 2 plots of land and the 1 house and contents on that land jointly /equally to his 3 kids, 15, 8, 4 yo. Before the will was finished and signed, my son went with his lawyer (at lawyers suggestion - lawyer is fully qualified and well experienced, old family friend) to see the head of the local muang Chiang Mai land office to check if there are any complications if ownership to the 3 kids was to be done tomorrow.

 

Answer no problem totally legal, but there needs to be a guardian / advisor nominated in the will and that person's name would be put on the land chanut document. But of course the guardian / advisor cannot change the will and cannot actually sell the land etc. In fact the land and house cannot be sold until all 3 kids reach the age of majority for Thailand. Only exception would be that selling has been approved by a specific court order which is very difficult to obtain.  

Thanks Scorecard,

 

I find I take legal advice, but also list to other BM's real life experiences too....

Thanks for post and thanks for the info

 

BRegards

Cliffy

 

 

[scorecard]

2 hours ago, Clifford S said:

Thai Citizehship :

 

Yes, Born in Thailand to Thai mother with Thai Birth Certificates.

No Id cards but yes I should go sort that !

And many Thai folks don't seem to know that the age for issue of Thai ID cards is now much lower, I think it's 7 y o. You mentioned young teenagers so their age shouldn't be a problem.