Can I buy land for my thai daughter

[jimmya123]

I want to buy land for 8 years old semi-thai daughter by registering her name, because i have divorced her thai mother actually i am planning to build a small home on the land(in rural area) and i want to live in the home where i will build till i pass away ,eventually after i pass away , my daughter can do whatever she wants to do for the land and house as my inheritor. 

1- Can i buy land in her age, is there any age limitation or restriction to own land registered by her name legally

2- Can my ex-wife sell or lease the land by using my daughter's name as she is guardian of my daughter.

3- If there are no trouble for clause 1 and 2 , can my daughter sell or lease the land once she is 20.

4- Regarding all possible issues as far as i heard, can i make an agreement between my daughter and me to obtain land's usage right till i pass away , will the agreement be legal on thaland's courts.(meanwhile, if i do that, who will sign the agreement as she is 8 years old now) .  

 

actually , there is a following law , but it is not clear for my case, 

 

Section 1574. A person exercising parental power cannot enter into any of the following juristic acts with regard to the property of the minor except with permission of the Court;

1. selling, exchanging, sale with right of redemption, letting out property on hire-purchase, mortgaging, releasing mortgage to mortgagor or transferring the right of mortgage on immovable property or on mortgageable movable property; 
2. extinguishing the whole or a part of real right of the minor on immovable property; 
3. creating servitude, right of inhabitation, right of superficies, usufruct or any charge on immovable property; 
4. disposing of the whole or a part of the claim the purpose of which is to create real right on immovable property or on mortgageable property, or the claim the purpose of which is to have a real right on such property of the minor relieved; 
5. letting immovable property for more than three years; 
6. creating any commitments the purpose of which is to achieve the objective as provided in (1), (2) and (3); 
7. making a loan of money; 
8. making a gift, except out of the income of the minor on the minor’s behalf for charitable, social or moral purposes, and suitable to the minor’s condition in life; 
9. accepting a gift subject to any condition or charge, or refusing a gift; 
10. giving guarantee by any means whatsoever which may cause the minor to be compelled to perform an obligation or to enter into other juristic act, as requiring the minor to perform an obligation to other person or on behalf of other person; 
11. making benefit out of the property other than those provided in Section 1598/4 (1), (2) or (3) 
12. making a compromise; 
13. submitting a dispute to arbitration.

[thaibeachlovers]

Some years ago the government decreed that aliens could not buy land in a Thai's name, presumably because they were doing so to get around the "farangs can't own land" law.

Would pay to check if that still stands.

 

Of course many farangs buy land in their wife's name, but that may have the proverbial blind eye turned to it.

Be easier to determine the money came from you if it's for an 8 year old.

 

You should still protect your right to live on the land, as it's not unknown for a bitter ex wife to turn a child against it's father.

[Jack Hna]

It's a very bad idea.

 

Firstly you are gifting something to a child who may have envious immoral elders around them when you are gone. I shall not go into detail about what could happen but it's a real thing even if you like to think otherwise.

 

It's a conundrum I too often think about. The problems I see right now is you sound like you are already sacrificing your child by living out in the sticks. What good will that do her? 

 

Sending her to the only option of a school for miles just so you get a tranquill low cost of living surrounded by whom and what?

 

I sometimes wonder if a child is actually better off in Pattaya growing up seeing all the world through all those lenses versus a child who has  lived almost innocently for so long and then likely had some form of breakdown in relationship and faced Pattaya naive and completely unprepared.

 

 

 

 

 

 

 

 

[jimmya123]

29 minutes ago, Jack Hna said:

It's a very bad idea.

 

Firstly you are gifting something to a child who may have envious immoral elders around them when you are gone. I shall not go into detail about what could happen but it's a real thing even if you like to think otherwise.

 

It's a conundrum I too often think about. The problems I see right now is you sound like you are already sacrificing your child by living out in the sticks. What good will that do her? 

 

Sending her to the only option of a school for miles just so you get a tranquill low cost of living surrounded by whom and what?

 

I sometimes wonder if a child is actually better off in Pattaya growing up seeing all the world through all those lenses versus a child who has  lived almost innocently for so long and then likely had some form of breakdown in relationship and faced Pattaya naive and completely unprepared.

First of all, she is from my blood and according to my culture if you make a child, you must get her/his  responsibility till passing away,

 

I don't know how long and where have you been in Thailand. I have been living in Thailand for more than 10 years and i work as a teacher(math teaching).,so far, all of my students (who haven't gone pattaya to sell themselves????) have gone universities to study enginering. I have lived mostly in north of thailand where people are so friendly,kind, helpfull  etc.. (even they offer me many bottles of beer when i had no pocket money) . My ex-wife is a teacher too and her family supported us economically and morally during marriage. 

 

As a result of them , thai people is not sticky just have conservative culture and pattaya life which have all kinds of bad altidutes and illegalizations is totally different than real thai culture 

 

If a foreigner/farang dosen't join and respect their real social life totally, thais think the foreigner just as ATM machine. 

 

and that won't be gift for her, which must be done actually , which will be advantage for my rest of life   

[BritManToo]

2 hours ago, jimmya123 said:

1- Can i buy land in her age, is there any age limitation or restriction to own land registered by her name legally

2- Can my ex-wife sell or lease the land by using my daughter's name as she is guardian of my daughter.

3- If there are no trouble for clause 1 and 2 , can my daughter sell or lease the land once she is 20.

4- Regarding all possible issues as far as i heard, can i make an agreement between my daughter and me to obtain land's usage right till i pass away , will the agreement be legal on thaland's courts.(meanwhile, if i do that, who will sign the agreement as she is 8 years old now) . 

1. yes you can, no there isn't.

2. It can't be sold without a court order, which the courts never give.

3. yes she can

4. Get yourself named as property manager on the chanote (by agreement of both parents, and can't be changed except by death)

 

But as you appear short of money, better to rent.

Edited August 3, 2020 by BritManToo

[scorecard]

10 minutes ago, jimmya123 said:

First of all, she is from my blood and according to my culture if you make a child, you must get her/his  responsibility till passing away,

 

I don't know how long and where have you been in Thailand. I have been living in Thailand for more than 10 years and i work as a teacher(math teaching).,so far, all of my students (who haven't gone pattaya to sell themselves????) have gone universities to study enginering. I have lived mostly in north of thailand where people are so friendly,kind, helpfull  etc.. (even they offer me many bottles of beer when i had no pocket money) . My ex-wife is a teacher too and her family supported us economically and morally during marriage. 

 

As a result of them , thai people is not sticky just have conservative culture and pattaya life which have all kinds of bad altidutes and illegalizations is totally different than real thai culture 

 

If a foreigner/farang dosen't join and respect their real social life totally, thais think the foreigner just as ATM machine. 

 

and that won't be gift for her, which must be done actually , which will be advantage for my rest of life   

Forget all the negative comments, your desire to help and support your daughter is very admirable.

 

Yes land can be recorded in the name of an 8 yr old.

 

Yes you can record a lease on the property to ensure you have a roof over your head until you pass on, if you wish to go this route.

 

At 20 your daughter can make her own decisions but any lease (above) might make that complex but at this time you could remove the lease if you wish to.

 

As shown the Thai law on this subject strongly protects the interests of the child, there has to be a very unusual critical proven need for funds to get a court order to sell the land/property, close to impossible.  I recall before someone asked a lawyer if courts, in this circumstance, generally make an order allowing an older relative to sell the property. The lawyer supposedly answered that he had never heard of such an order being granted. 

 

Yes when she's of legal age other relatives might put pressure on her, let her take care of this. 

 

Good luck. 

 

 

[BritManToo]

27 minutes ago, scorecard said:

Yes you can record a lease on the property to ensure you have a roof over your head until you pass on, if you wish to go this route.

Not possible on land owned by a child.

Maximum encumbrance for land owned by a minor is 3 years.

[offset]

On 8/4/2020 at 6:36 AM, BritManToo said:

1. yes you can, no there isn't.

2. It can't be sold without a court order, which the courts never give.

3. yes she can

4. Get yourself named as property manager on the chanote (by agreement of both parents, and can't be changed except by death)

 

But as you appear short of money, better to rent.

Court does give the ok to sell the land as long as it is for the child's benefit

[offset]

On 8/4/2020 at 6:47 AM, scorecard said:

Forget all the negative comments, your desire to help and support your daughter is very admirable.

 

Yes land can be recorded in the name of an 8 yr old.

 

Yes you can record a lease on the property to ensure you have a roof over your head until you pass on, if you wish to go this route.

 

At 20 your daughter can make her own decisions but any lease (above) might make that complex but at this time you could remove the lease if you wish to.

 

As shown the Thai law on this subject strongly protects the interests of the child, there has to be a very unusual critical proven need for funds to get a court order to sell the land/property, close to impossible.  I recall before someone asked a lawyer if courts, in this circumstance, generally make an order allowing an older relative to sell the property. The lawyer supposedly answered that he had never heard of such an order being granted. 

 

Yes when she's of legal age other relatives might put pressure on her, let her take care of this. 

 

Good luck. 

 

 

But you must have the lease in your name before you put it in your daughters name that is the big problem

[Preacher]

See BritManToo earlier answer. But you can only gift land to a minor that is debt free. So you cannot borrow against the land and than gift it. You will have to pay for the land in full. 

[FritsSikkink]

On ‎8‎/‎4‎/‎2020 at 4:57 AM, thaibeachlovers said:

Some years ago the government decreed that aliens could not buy land in a Thai's name, presumably because they were doing so to get around the "farangs can't own land" law.

 

Not true, the other way around, it used to be forbidden for a Thai wife of a foreigner to buy land but that law is abolished for quite a while.

[sanuk711]

19 minutes ago, FritsSikkink said:

Not true, the other way around, it used to be forbidden for a Thai wife of a foreigner to buy land but that law is abolished for quite a while.

I don't think they are  talking about buying it through your wife FritsSikkink, they are talking about buying, through another person with conditions on the Chanut that make it theirs. There are (were in the past ) several ways of doing that--a phony morgage ,( $$ owed to the farang, )much higher than the worth of the land.

A company which the farang owns 49% and 3-4 other people not known to each other own smaller % and you also have their undated letter of resignation.

 

With the wife, it is against Thai law to enter any contract with her. Some people think they have a 30 year lease on the house from the wife----they don't.

Under Thai marriage laws any agreement between husband and wife entered into during the marriage can be voided by either of them at any time during the marriage or within one year from the final divorce. For this reason only a prenuptial agreement between husband and wife is under Thai law a valid contract if made pre-marriage and registered in the marriage register at the time of marriage, but it is a void contract if made post-nuptial (section 1466)..

 

[salsajapan]

In rural Thailand you can pay a rai of land 100000k baht, is it really important to who it belongs at the end ?

 

[Peter Denis]

4 minutes ago, salsajapan said:

In rural Thailand you can pay a rai of land 100000k baht, is it really important to who it belongs at the end ?

100.000K bath is a fortune (100 million bath).  You surely meant 100K or 100.000 THB, which sounds about right for a rural rai of land.

[Bender Rodriguez]

one thought:   IF YOU would die early, her mother will be in control of everything till she is 20

 

and you know how cheap hired men can be if money is involved or under the influence of that new love that promise them everything, right ...  (hired murderer for 2500 baht recently story)

 

rent a house or a condo, keep your money in your home country, send over what you need and save yourself a lot of headaches & stress

[Kurtf]

Instead of asking the dumb asses on this forum why don't get a truly informed opinion by asking a lawyer? My guess is because you are one of those dumb asses.

[richard_smith237]

8 minutes ago, Kurtf said:

Instead of asking the dumb asses on this forum why don't get a truly informed opinion by asking a lawyer? My guess is because you are one of those dumb asses.

 

Because he may not know a lawyer. 

Because finding a trustworthy lawyer may take time.

Because finding a trustworthy lawyer may involve costs and potentially wasted money for poor advice.

Because it's a relatively simple question and Westerner on this forum may have first hand experience of exactly what the Op is asking. 

 

You’ve highlighted perfectly who ‘one of the dumb asses’ are on this forum, its not the Op !!! 

[sead]

On 8/4/2020 at 1:25 AM, jimmya123 said:

First of all, she is from my blood and according to my culture if you make a child, you must get her/his  responsibility till passing away,

 

I don't know how long and where have you been in Thailand. I have been living in Thailand for more than 10 years and i work as a teacher(math teaching).,so far, all of my students (who haven't gone pattaya to sell themselves????) have gone universities to study enginering. I have lived mostly in north of thailand where people are so friendly,kind, helpfull  etc.. (even they offer me many bottles of beer when i had no pocket money) . My ex-wife is a teacher too and her family supported us economically and morally during marriage. 

 

As a result of them , thai people is not sticky just have conservative culture and pattaya life which have all kinds of bad altidutes and illegalizations is totally different than real thai culture 

 

If a foreigner/farang dosen't join and respect their real social life totally, thais think the foreigner just as ATM machine. 

 

and that won't be gift for her, which must be done actually , which will be advantage for my rest of life   

And still no clue after 10 years. People are trying to be nice but as you understand the culture tehn we don't need to warn you about what usually happen. Gl on your journey 

[khunPer]

On 8/3/2020 at 11:34 PM, jimmya123 said:

1- Can i buy land in her age, is there any age limitation or restriction to own land registered by her name legally

2- Can my ex-wife sell or lease the land by using my daughter's name as she is guardian of my daughter.

3- If there are no trouble for clause 1 and 2 , can my daughter sell or lease the land once she is 20.

4- Regarding all possible issues as far as i heard, can i make an agreement between my daughter and me to obtain land's usage right till i pass away , will the agreement be legal on thaland's courts.(meanwhile, if i do that, who will sign the agreement as she is 8 years old now) .  

1. Yes, a minor can own land, but under guardian; which lead to #2. I've bought land for my minor daughter when she was about two years old as child investment, her mother is the guardian.

 

2. You probably need sole custody, or other way being registered as sole guardian, to protect the land. I advise you to talk to a lawyer about this. Also, the land you buy need to be of Chanote title deed, to avoid any claims from third party; Nor Sor 3-level might however work, if you can get the title deed upgraded to Chanote, there is to my knowledge a 30-day challenge right when buying Nor Sor 3; I've done it, and later upgraded it, which can be a relative long lasting process. Avoid any lower titled deeds; you can find a list over all Thai deed titles here.

 

3. Yes, your daughter can sell, or mortgage, or transfer the land when she's 20 years old. But before that day any agreement concerning the land might not be possible, and you you'll need a court approval to do any. In a way your daughter's land is protected from a guardian's decisions.

 

4. As it might be difficult, and might even be impossible, to have any servitude registered after a land title deed has been transferred to a minor, it's often suggested to do any kind of that before the transfer (same with contracts between married couples). That means, register servitudes first with seller, and then transfer the title deed (you might need some kind of financial deposit with seller).

You might have a number of servitude options, like an often suggested usufruct; and/or a superficies that allows you to build a house and be owner of the house (but not the land under the house); or have also a look at habitation rights.

The servitudes mentioned can run for a specified period up to 30 years, and not longer, or for your life.

Any previous registered servitudes will remain valid after a land transfer to your daughter.

 

To protect yourself I'll advise you to contact a lawyer about the best of above options, and how to protect you as being the only guardian for your daughter's land, when she's minor...????

[khunPer]

5 hours ago, salsajapan said:

In rural Thailand you can pay a rai of land 100000k baht, is it really important to who it belongs at the end ?

Actually is, when you build a 10 million baht manor on the land...

[khunPer]

3 hours ago, Kurtf said:

Instead of asking the dumb asses on this forum why don't get a truly informed opinion by asking a lawyer? My guess is because you are one of those dumb asses.

Sincerely thank you for calling me a "<deleted>"...

[wolf81]

5 hours ago, salsajapan said:

In rural Thailand you can pay a rai of land 100000k baht, is it really important to who it belongs at the end ?

 

Yes you can pay a little on land without chanote and such. But these are generally "contracts" by word of mouth. If you get a problem with some Thai neighbour or the seller of the land, I am not sure how strong you'd stand in court. 

 

Also, I guess if the land doesn't have a chanote (or similar paper), the land can generally only be used as farmland. Any buildings you make on the land could at some point be destroyed by government. 

[Bender Rodriguez]

46 minutes ago, khunPer said:

You probably need sole custody, or other way being registered as sole guardian, to protect the land. I advise you to talk to a lawyer about this.

talking about experience

 

SOLE custody is not possible 

 

1) unless the father BUYS his kid(s) from the poor mother (with gambling debts, addiction, total PSYCHOPATH)

 

2) the child in the custody of the mother, was beaten into the hospital  (or worse) or some other serious offence against the child happened, or mother in jail or declared insane

 

NO judge will give sole custody if both parents are still alive

 

Lawyers will try and LIE to make you PAY & believe they can "try" to get sole custody...

 

 

[brianp0803]

You stated that the mother is the guardian, so I assume your daughter lives full-time with her. Do you plan to provide child support for your daughter until you die?

 

It sounds to me you’re number one goal is to build a house and live in it alone until you die.

After your life expires, you don’t want your ex-wife to get the property and want your daughter to get the property instead.

 

Unless your plan is to continually provide child support and emotional support and educational support for your daughter,

it sounds like you’re trying to use your daughter to bypass the laws about ability to buy property and live in it until you die and then pass the property onto your hairs(daughter)

[slipperx]

Yes buy it in her name with a Userfruct in your name. Forget leases they are valuless - I have court cases to prove it.

 

You will not be able to sell it for her without a court order.

 

Best of luck.

[jimmya123]

On 8/18/2020 at 3:47 PM, slipperx said:

Yes buy it in her name with a Userfruct in your name. Forget leases they are valuless - I have court cases to prove it.

 

You will not be able to sell it for her without a court order.

 

Best of luck.

Yes, this is all i want to do, i need the home's Userfruct till i die. Otherwise, the leasing with 3 pary is not sensible instead of my daughter's ownership If the Usefruct is possible behalf of court, of course , my choice will be to buy the land by her name. 

[jimmya123]

On 8/17/2020 at 12:13 PM, brianp0803 said:

You stated that the mother is the guardian, so I assume your daughter lives full-time with her. Do you plan to provide child support for your daughter until you die?

 

It sounds to me you’re number one goal is to build a house and live in it alone until you die.

After your life expires, you don’t want your ex-wife to get the property and want your daughter to get the property instead.

 

Unless your plan is to continually provide child support and emotional support and educational support for your daughter,

it sounds like you’re trying to use your daughter to bypass the laws about ability to buy property and live in it until you die and then pass the property onto your hairs(daughter)

Yes , my first priority for her is to sopport her economically till i die as much as i can do

my daughter lives with her mother in rural area and i want to buy a land and to construct a home over it in the same region, of course , i can not buy a land as a farang that's why i want to use her name for the land as we(me and my daughter) can oftenlive in the home which i will make for her and i can support her not only economically but also moral and emotionally. My only doubt is that 

           if i use my daughter's name for the land and make a home , in the future , can my ex-wife dispute for the land and can she get me fired from the land as the guardian before  i die. 

 

Otherwise, after i die , my daughter can sell or she can do whatever she wants for the land 

[lovethai123]

 

On 8/28/2020 at 9:47 PM, jimmya123 said:

 

 

Otherwise, after i die , my daughter can sell or she can do whatever she wants for the land 

 

Hi!

Are you sure of this? I understand you want to do it for some financial safety of the child.

 

What you are offering on a platter is a 100000 baht land papers. I doubt that soon they will end in the hands of a micro lender or a shop. 

 

Ok, I am sure your ex is a wonderful woman. She has a great job and everything and is doing really well for herself. But what if some day an elderly woman dies. She would need wads of cash to deal with the funeral. What makes you think she won't put the property papers in a shop and take money. 

 

Once you come to know about it, you will wire the money. Next year someone else dies and you wire the money again. 

 

Next year again.  and it goes on and on. 

 

Here are my recommendations- Talk to a bank if they have a child investment plan. A lumpsum /monthly/yearly investment. Plan it in a way that daughter gets money when she is 18/21. People in my country do it all the time. Don't know how it works in Thailand. Keep the investment papers away from the ex-wifey else she would pawn those papers for money. 

 

 

 

[lovethai123]

On 8/17/2020 at 9:33 AM, Kurtf said:

Instead of asking the dumb asses on this forum why don't get a truly informed opinion by asking a lawyer? My guess is because you are one of those dumb asses.

So would u really trust a thai lawyer. Find one who could write the word lawyer without  external help. I will buy u a chang when I visit thailand again