Just Calmed My Biggest Fear

[mouse]

For the sake of the story, I have lived in Thailand for 10 years and have three beautiful children. My wife, whom I love very much and I have had our regular marrige squabbels.

Recently after an argument she left to visit her sister. While doing so she left me to care for the children and lightenined our accounts a little to offset her expenses in Bangkok.

Needless to say I was somewhat upset, however, when my Brother in Law, flatly stated that I should go home and not even stay in Thailand if things did not work out, I feared what the future might bring.

In any case my wife came back and after having worked things out through talking and changing the way we communciated with one another, we resumed a normal life until this morning. We were notified by the Village Chief (her Uncle) that our property had been selected to be upgraded and that we had three days to pick up the Chonote at the local Land Office. This was quite a suprise as we had been told for years that our land, which has been in the family for more than 50 years, was part of a national Forest that never allow us having total claim over the land.

We hurried to the Land Office and my wife was in fact issued the Chanote for the land. In a exploratory statement, I asked my wife why we did not place the land into the name of one of our children, to which she readily agreed. 9,000 Baht and two hours later my 7 year old Daughter became the proud owner of the land and house. My wife and I both agreed that this put some of the axiety of land and house in the background, allowing us to proceed with a normal life without having to worrry who is the Hen and who is the Rooster when the hen house was considered. This also avoids the potential squable between our kids when we depart as I have seen over and over and even experienced when first my Father and then my Mother died.

Naturally, our plans also call for buying and then building a house for each of the other two children, so that all will know in advance what they get when older.

Just thought I would share this as I hear so many negative things here on the forum. This was a bright day for us and a quite simple solution.

[Jeff1]

Im happy to hear it all worked out for you. I also have this concern and there has been a few heated talks about this very matter.

My question to anyone else reading this thread is can my child with dual nationalites / passports be put on as sole owner of house and land ?

[lannarebirth]

Im happy to hear it all worked out for you. I also have this concern and there has been a few heated talks about this very matter.

My question to anyone else reading this thread is can my child with dual nationalites / passports be put on as sole owner of house and land ?

It is my understanding, that yes you can put the property in your childs name. The child cannot transfer to anyone else or encumber the land in any way until they reach 20 years of age without permission from a court. I think if I were going to go this route I'd get a usufruct first, and then transfer to a child with the servitude already in place.

[Jeff1]

Im happy to hear it all worked out for you. I also have this concern and there has been a few heated talks about this very matter.

My question to anyone else reading this thread is can my child with dual nationalites / passports be put on as sole owner of house and land ?

It is my understanding, that yes you can put the property in your childs name. The child cannot transfer to anyone else or encumber the land in any way until they reach 20 years of age without permission from a court. I think if I were going to go this route I'd get a usufruct first, and then transfer to a child with the servitude already in place.

Thank you for your reply. I have read a fair amount about the usufruct and it sounds good, except for the untested part but could you please explain " servitude"

I don't know what that means. Thanks.

[quiksilva]

A servitude is a right can be registered on the land.

In this case the usufruct is the servitude (I think, no doubt someone will correct me if I am mistaken) but in fact all sorts exist, another example would be a right of way.

Edited May 29, 2007 by quiksilva

[Old Man River]

Im happy to hear it all worked out for you. I also have this concern and there has been a few heated talks about this very matter.

My question to anyone else reading this thread is can my child with dual nationalites / passports be put on as sole owner of house and land ?

It is my understanding, that yes you can put the property in your childs name. The child cannot transfer to anyone else or encumber the land in any way until they reach 20 years of age without permission from a court. I think if I were going to go this route I'd get a usufruct first, and then transfer to a child with the servitude already in place.

Lannarebirth, I also have been thinking about having our land transferred to my child. My child is also a dual national and as you said this isn't a problem. However, it does leave me wondering if anyone has had experience with getting a court's permission to allow the foreign father to live on the property until his death? This is a question I have asked my attorney, but it would be nice to know if anyone here has had personal experience on this.

[mouse]

The trick is to have a standing seperation agreement giving you full custody of the children which is signed, wittnessed and registered with a court once a divorce takes place. That settle it then......

[lannarebirth]

Im happy to hear it all worked out for you. I also have this concern and there has been a few heated talks about this very matter.

My question to anyone else reading this thread is can my child with dual nationalites / passports be put on as sole owner of house and land ?

It is my understanding, that yes you can put the property in your childs name. The child cannot transfer to anyone else or encumber the land in any way until they reach 20 years of age without permission from a court. I think if I were going to go this route I'd get a usufruct first, and then transfer to a child with the servitude already in place.

Lannarebirth, I also have been thinking about having our land transferred to my child. My child is also a dual national and as you said this isn't a problem. However, it does leave me wondering if anyone has had experience with getting a court's permission to allow the foreign father to live on the property until his death? This is a question I have asked my attorney, but it would be nice to know if anyone here has had personal experience on this.

I don't know the answer to that Old Man, that is why I suggested getting the servitude (usufruct) established first. Then transfer the land to the child, who's ownership is encumbered by the underlying servitude.

Here's a couple of useful links:

http://www.bia.co.th/011.html

http://www.tillekeandgibbins.com/Publicati...usband_wife.pdf

Edited May 29, 2007 by lannarebirth