How to Change Property Ownership to a Child?

[FruitPudding]

We want to switch the house ownership from my EX to our child (ideally with me as guardian, if possible).

 

What is the standard process? My EX is compliant, so no problem there.

 

Is it neccessary to get a lawyer? Or just go to the amphur or land office? 

Edited December 27, 2019 by FruitPudding

[justin case]

land office for sure... expect to pay for transfer costs at 3 percent? (depending how long your ex was owner)

[ardsong]

I do not know whether house ownership is registered in Thailand. I know that land is registered properly with documents and any changes have to be dealt with the land office.

For a house, I know the blue book but that imho is more a registration of inhabitants than ownership. The blue book admin lies with the amphur.

Edited December 27, 2019 by ardsong
improvement of text

[LukKrueng]

You realized you won't be able to sell or mortgage the property until the child is under 20 without a court order

[baansgr]

2 hours ago, justin case said:

land office for sure... expect to pay for transfer costs at 3 percent? (depending how long your ex was owner)

Gifting to a child is 0.5% so minimal tax

[BritManToo]

10 hours ago, FruitPudding said:

What is the standard process? My EX is compliant, so no problem there.

You turn up at the land office with wife, kids birth certificate, house book and chanote.

Pay the tax, and your wife OKs you being named as 'manager' on the updated Chanote.

(Appointing a manager of a childs property has to have both parents agreement)

[scorecard]

14 hours ago, LukKrueng said:

You realized you won't be able to sell or mortgage the property until the child is under 20 without a court order

...over 20...

 

and, getting such court order is very difficult. 'to take up a good investment offer' or similar is not accepted in the court.

Edited December 27, 2019 by scorecard

[LukKrueng]

1 hour ago, scorecard said:

...over 20...

 

and, getting such court order is very difficult. 'to take up a good investment offer' or similar is not accepted in the court.

Thanks for the correction. Meant to write "while under 20"...

[Hanuman2547]

It was pretty easy actually by Thai standards.  My Thai wife passed away when the kids were 19 & 17.  We had three houses that we (she legally) owned.  When the oldest turned 20 we put all the property into his name as he has Thai citizenship.  You just need to make sure to bring all the documents to make the transfer go smoothly.  This was about 14 years ago.  I know that some things have changed which is why I won't go into detail as my experience was 14 years ago and Thai law and procedures have changed a little bit.  We did not need to use a lawyer to any of the work.  Although both kids grew up in Thailand and are citizens, neither has much interest in living in Thailand.  They do visit but only about once every 5-7 years.  

[BEVUP]

On 12/28/2019 at 10:04 AM, scorecard said:

...over 20...

 

and, getting such court order is very difficult. 'to take up a good investment offer' or similar is not accepted in the court.

& just found out debt collectors can get an order against childs house

[scorecard]

2 hours ago, BEVUP said:

& just found out debt collectors can get an order against childs house

Interesting. When I read your post I called my lawyer who is very familiar with these laws.

 

She indicated that she has never heard of this happening and is very doubtful that it could be.

 

She went on, the guidance to the courts / judges is to totally protect the child / children and not allow access to ownership of property held by children and/or money held by children except in a case where the cash / part of the cash in banks etc., and/or sale of property is needed to pay for very vital medical expenses to avoid death of the said child and the judge is expected to try to suggest the parties try other means to raise such funds therefore making access to cash held in the sick child's name or sale of property held in the name of the sick child an absolute last resort to avoid death.

 

The judge also expected, in such extreme medical cases to instruct the court staff to explore all avenues of possible financial / other help from all government agencies.

 

Lawyer went on; if the cash in banks is actually in the name of 2 or more children and any property is jointly owned by 2 or several children then the funds / property ownership should never be disturbed in any way (cannot do something which might disturb an equal share of another child and /or disturb the ownership (joint ownership) of other children recorded as joint owners.

 

Now having said all of that, judges also make their own rules...

 

Back to the earlier post; is the lawyer connected to the debt collection agency / person?

 

 

Edited March 16, 2020 by scorecard

[baansgr]

3 hours ago, BEVUP said:

& just found out debt collectors can get an order against childs house

How old is the child? If the child was over 18 and secured debt in their own name, then yes it would be plausible that lenders could force repayment from their assets.

[scorecard]

15 minutes ago, baansgr said:

How old is the child? If the child was over 18 and secured debt in their own name, then yes it would be plausible that lenders could force repayment from their assets.

Good point, over 18 changes everything, no longer legally a 'child' and therefore protected by law, over 18 legally can and must make own decisions, and can / must be treated as an adult. 

[scorecard]

On 12/27/2019 at 7:37 PM, ardsong said:

I do not know whether house ownership is registered in Thailand. I know that land is registered properly with documents and any changes have to be dealt with the land office.

For a house, I know the blue book but that imho is more a registration of inhabitants than ownership. The blue book admin lies with the amphur.

In Thailand, the house can be registered to a different person to the land owner. 

[Preacher]

In Thailand one is a minor if you are under 20 years old, not 18 years old. 

 

You can gift land to a minor, but the land in question must not hold any loans etc against it. If you are still paying of a morgage or other loan with the land as collateral the land cannot be gifted to a minor. Only land that is debt free can.

 

I think debt collectors can only in very special circumstances cabn gt an order against the childs property. Namely when the property is gifted to the child while there were outstanding debts and the gift was more or less to prevent the property falling in the hands of debtors.

 

[baansgr]

4 hours ago, Preacher said:

In Thailand one is a minor if you are under 20 years old, not 18 years old. 

 

You can gift land to a minor, but the land in question must not hold any loans etc against it. If you are still paying of a morgage or other loan with the land as collateral the land cannot be gifted to a minor. Only land that is debt free can.

 

I think debt collectors can only in very special circumstances cabn gt an order against the childs property. Namely when the property is gifted to the child while there were outstanding debts and the gift was more or less to prevent the property falling in the hands of debtors.

 

But an 18 year old can secure a loan on bikes and cars and probably an array of other items....so how would a court view that scenario? 

[BEVUP]

Thanks for info

I think it was doable as it was 50/50 in Wifes & sons (11) name

 

Apparently  Baliff came since paper trail must have been hidden from her since the purchase of a car

So at the 11 th hour was running around like chook to raise the money for Krungsi

 

Had to give my car as guarantee only as it is still under Toyota  HP (Chinese lender )

Then put up Chanote (full ) 

Had to go to Land office to "UNLOCK" Chanote - To enable sale

 

Wife saying her name is not now in Blue Book