Buying house in child’s name (trust fund)

[scottyp1980]

Hi... I’m wondering if anyone has bought a house / land and put it in their kids name as a trust fund?

If so how does this work when buying the house and whos name goes on the deeds and blue book etc since I believe the child can’t own it until he/ she is of legal age?

I’m going to see my lawyer in the next week or so regarding this but want to hear 1st hand accounts from anyone who has did this.

Also when doing it this way how would it work for immigration of where I am staying, would I be entitled to a yellow book etc?

 

Any advise pls?

 

Thanks 

[BritManToo]

7 minutes ago, scottyp1980 said:

I believe the child can’t own it until he/ she is of legal age?

You believe wrong.

Kid can own a house in own name from the day it gets a birth certificate.

Permission is required by both parents at the time of purchase.

One parent must be declared property manager at time of purchase (foreigner or Thai) by mutual consent of both parents.

No loans are allowed on the property, has to be owned outright.

The property cannot be sold until the child is age 20.

 

Beware!

Many Thai mothers will not agree to this, and will often convince the lawyer/land office to not proceed with this arrangement. You will just be informed 'not possible'.

[scottyp1980]

1 minute ago, BritManToo said:

You believe wrong.

Kid can own a house in own name from the day it gets a birth certificate.

But no loans are allowed on the property, has to be owned outright.

Oh... that’s good to know.

so the kids name would go on the deeds/blue book no matter what age?

 

[scottyp1980]

16 minutes ago, BritManToo said:

You believe wrong.

Kid can own a house in own name from the day it gets a birth certificate.

Permission is required by both parents at the time of purchase.

One parent must be declared property manager at time of purchase (foreigner or Thai) by mutual consent of both parents.

No loans are allowed on the property, has to be owned outright.

The property cannot be sold until the child is age 20.

 

Beware!

Many Thai mothers will not agree to this, and will often convince the lawyer/land office to not proceed with this arrangement. You will just be informed 'not possible'.

I have full 

 

16 minutes ago, BritManToo said:

You believe wrong.

Kid can own a house in own name from the day it gets a birth certificate.

Permission is required by both parents at the time of purchase.

One parent must be declared property manager at time of purchase (foreigner or Thai) by mutual consent of both parents.

No loans are allowed on the property, has to be owned outright.

The property cannot be sold until the child is age 20.

 

Beware!

Many Thai mothers will not agree to this, and will often convince the lawyer/land office to not proceed with this arrangement. You will just be informed 'not possible'.

I have full custody of my kid from the courts and amphur so his mum isn’t around and has no say in this matter.

Any idea how that would work with no Thai mother been involved?

is it still possible to do what I’m asking?

 

cheers 

[BritManToo]

15 minutes ago, scottyp1980 said:

Any idea how that would work with no Thai mother been involved?

Land office will likely refuse.

Would be different if mom was dead.

 

[scottyp1980]

Just now, BritManToo said:

Land office will likely refuse.

Would be different if mom was dead.

I spoke to my lawyer about it on the phone not a proper consultation, the same lawyer who got me custody of my kid and she has said this is the way to do it.

Why do u think the land office would say no but my lawyer says it’ll be fine?

I think she would know more about Thai law, no??

[BritManToo]

Just now, scottyp1980 said:

Why do u think the land office would say no but my lawyer says it’ll be fine?

I think she would know more about Thai law, no??

A guy posted last month this happening to him.

Full custody, no mom, land office said no when they went to transfer, lost his deposit.

[scottyp1980]

1 minute ago, BritManToo said:

A guy posted last month this happening to him.

Full custody, no mom, land office said no when they went to transfer, lost his deposit.

I appreciate your input and good to know. 
like I said all I can do is try I suppose, I’d they do say no I’ll need to look at other options.

 

Let’s say if it does get approved do you know if I’d be entitled to a yellow book or how would it work for immigration as my kid is only 5 and can’t be issuing docs to immigration himself.

[BritManToo]

8 minutes ago, scottyp1980 said:

Let’s say if it does get approved do you know if I’d be entitled to a yellow book or how would it work for immigration as my kid is only 5 and can’t be issuing docs to immigration himself.

You'd get yourself appointed as property manager (which is recorded on the chanote).

Why not give it a go ......... but don't agree to paying a deposit so no risk to you.

 

The real answer can only be given by the manager of the land office processing the sale. They are the ultimate kings of their empires.

 

Same for the yellow book, some office managers say yes, some say no. You ain't gonna change their mind if they don't like foreigners.

[scottyp1980]

2 minutes ago, BritManToo said:

You'd get yourself appointed as property manager (which is recorded on the chanote).

Why not give it a go ......... but don't agree to paying a deposit so no risk to you.

Yeo totally understand mate.

I think it depends on the land office where you are based also, like all offices in Thailand.
I stay in a smallish town and all other government offices there are quite relaxed so I’m hoping it’s granted but i will find out when I go for it.

[scottyp1980]

6 minutes ago, BritManToo said:

 

The real answer can only be given by the manager of the land office processing the sale. They are the ultimate kings of their empires.

 

Same for the yellow book, some office managers say yes, some say no. You ain't gonna change their mind if they don't like foreigners.

Yeah that’s correct. Like I said previous reply it’s a small town and getting things their over the years at different offices has been no problems, but like u say if the person i see on that day don’t like foreigners them I’m fkd but hopefully with a lawyer assisting me on the day it’ll make it possible.

[KhunLA]

If successful, while at it, get a usufruct for yourself, 'allow to modify' for life if possible.  This way the 'manager' can't sell it without your signature.

 

What a lawyer says can be done, while paying them and what actually can be done, may differ.   Tried to adopt 'my daughter/village orphan' ????(not blood), and even had mother's permission.  Lawyer said no problem.

 

Checked with family services, the actually Pol. officer who would approve it, and he said no way in hell.  Lawyer would lose, then appeal to Bkk, and lose again, after my huge legal fees paid of course.  Human traffic laws simply wouldn't allow adoption, without a 'fat envelope' being passed.

[scottyp1980]

3 hours ago, KhunLA said:

If successful, while at it, get a usufruct for yourself, 'allow to modify' for life if possible.  This way the 'manager' can't sell it without your signature.

 

What a lawyer says can be done, while paying them and what actually can be done, may differ.   Tried to adopt 'my daughter/village orphan' ????(not blood), and even had mother's permission.  Lawyer said no problem.

 

Checked with family services, the actually Pol. officer who would approve it, and he said no way in hell.  Lawyer would lose, then appeal to Bkk, and lose again, after my huge legal fees paid of course.  Human traffic laws simply wouldn't allow adoption, without a 'fat envelope' being passed.

What is usufruct? I’ve never heard this before.

Also like someone else mentioned can I not go ‘manager’?

 

sorry to hear about your adoption but I believe it’s very difficult to near impossible to adopt in Thailand with what I’ve been reading and been told, so your not the only one.

 

I would believe getting a child put on the house name would be simpler than adopting.

[KhunLA]

usufruct is much like a lease, except it can't be cancelled, and the land (chanote which it is place on) can't be sold without the usefrunct first being removed / voided.

 

Come in 2 flavor:

Simple use of land & structures or

use and allowed to modify land and or structure

Term can be whatever specified, 10-20-30 yr or for life, if office allows.

 

Quite the powerful document, and is registered the the land chanote.  Wife found out how powerful this month with submitting plans for addition to our house build.

 

Just a technicality, paperwork at orbator office, as addition was already put on, but not in the original blueprint submitted.

 

Told the 'owner' / used wrong term, had to approve.  She's like ... "I am the owner, name on chanote"

No, he who is on the usufrunct has to approve, as he / me, now has control, since I'm documented to use / modify all and anything on the land.

 

Screwed up part, and why I know that conversation took place, she asked me for copies of my PP and I had to sign off (she did) to submit with paperwork.  Which I was not in the office when submitted.

 

Reality of Thailand, any 3 people can steal any of your assets, with a simply POA.  I had one with my 1st wife, giving me all Power of Attorney in reference to land & house we owned, in her name.  Basically, I could sign her signature to anything, which I did, when I sold the house.

 

And the kicker, she signed 3 POA, 1 filled out, 2 blank, JIC ????  They had to be notarized, which is simply 2 people, verifying she signed the POA.  Neither 1 of those 2 people know her, or were there when she signed, though I did make a video, to protect myself.  So they could see her signing, if they wanted.  They didn't, just worked at the RE office I used, and boss said, come here, sign this, and they did.  Notarized ????

 

Took and submitted the 'filled out' one to land office when selling land/house, so you have 3 farangs there, myself/buyer & Thai wife/RE agent, a farang.  Wouldn't accept the POA, 'worded wrong', so we simply asked, what do you want it to say.   Outside, return, now filled in, sale done.

[scottyp1980]

On 4/1/2022 at 11:24 AM, davidst01 said:

Thanks

 

Re the bank cheque issue.... I dont think the land office care or have any recourse for checking where the funds came from. I think as long as the foreigner signs the letter saying none of the funds came from him/her then thats all that matters. 

 

I've had delays with my purchase as the sellers are greedy re the price. its a waiting game now to get the price down. 

 

thank

 

 

Hi all,

 

Just an update in regards to buying a house in my kids name.

we completed it today and his name is on chanote, have to go amphur tomorrow and get his name in blue book and have been told a yellow book should be issued to me also.

I should add I didn’t use my lawyer like I mentioned I was going to, went with person I bought the house from and it was all transferred to my sons name.

Quite a long day but quite straight forward.

 

thanks for everyone’s input on this Matter.

[KhaoYai]

On 3/17/2022 at 2:15 AM, BritManToo said:

Same for the yellow book, some office managers say yes, some say no. You ain't gonna change their mind if they don't like foreigners.

A lawyer changed the mind of the manager at Pak Chong office with a threat of court action.

[scottyp1980]

17 minutes ago, KhaoYai said:

A lawyer changed the mind of the manager at Pak Chong office with a threat of court action.

The lady we dealt with today said that I will get yellow book when we put my sons name in the new blue book and she said any problem to contact her direct.

I stay in a small town so hopefully it’s like she says and no issues.... if I don’t get it no big deal just have to show immigration that my sons name is on chanote for my place of residence I suppose as he’s too young to sign any papers he’s only 5.

[davidst01]

On 3/17/2022 at 4:48 PM, KhunLA said:

usufruct is much like a lease, except it can't be cancelled, and the land (chanote which it is place on) can't be sold without the usefrunct first being removed / voided.

May I ask what about registered lease on a chanote where several years of taxes are paid and we have evidence of this. 

 

Can it be cancelled by the owner. We pay the rent on time and do everything correct as per the contract. 

 

Ive read its only where conditions in the contract are not met that the owner can go to court and get the lease cancelled. Is this correct? If this happens surely we would have to be involved in that court process or be notified of this?

thanks

[KhunLA]

4 minutes ago, davidst01 said:

May I ask what about registered lease on a chanote where several years of taxes are paid and we have evidence of this. 

 

Can it be cancelled by the owner. We pay the rent on time and do everything correct as per the contract. 

 

Ive read its only where conditions in the contract are not met that the owner can go to court and get the lease cancelled. Is this correct? If this happens surely we would have to be involved in that court process or be notified of this?

thanks

As long as lease isn't with one's wife, or soon to be ex, as they can cancel after 1 yr.

 

Aside from that, lease is as good here as anywhere.  Or course if any landlord doesn't want you there ... nuff said.

 

If a landlord did extended to you a long lease, and did have it registered w/tax payment, that's a pretty secure lease in my mind.  Many, most won't do that.  So that does give a bit more credibility to their intent to honor.

 

Of course if a primo building lot, and someone wants the throw a few million baht their way ...  well, hopefully they'd compensate you for any future inconveniences.