Has anyone bought land or house in Thai childs name? Help please

[jack71]

I'm unsure if I will do it but maybe in the future I was thinking of buying an asset in my childs name. If you have any knowledge on this please answer any of the que below

 

Questions:

1. Do the rules of one land office differ from province to province in relation to this issue?

2. If an attorney prepares a contract, is it solely between my child and the. seller? Can a child sign a contract if under 10 yrs old

3. I assume my wife has to be there at the land office to approve this and sign forms?

4. Should I put my name as designated 'house manager' in the contract. I thought it would be a good idea as then I can show this to the amphur office if need be. 

5. If I arrange the bank draft from my money I assume no issues? Ive heard they can make me sign a letter at the land office stating that the money didnt come from me only the wife. Is this correct? i.e. no B.S rules as to where the funds come from the same as buying a condo?

6. Does the tabian bahn go in my childs name? What about the house manager issue? How does this work?

7. Can utility bills be put in my name if Im the 'house manager'

 

Thanks for your opinions on any of this

[CharlieH]

REAL ESTATE forum.

 

MOVED

[andyman57]

Yes I'm British was married to a Thai had a daughter together when she was 7 I bought a house put it in her name at the land registry office in saraburi where we lived .I remember it was very straight  forward at the time.that was 14yrs ago

[LukKrueng]

A minor cannot sign a contract. The parents or guardians have to be there and sign.

No need for a lawyer for property buying and selling. You'll sign a sell\buy contact at the land office.

Thai nationals don't have to show where the money came from.

Tabian bahn had nothing to do with ownership. It is merely an official proof of address and it is issued by the district office or in some cases tesaban and has nothing to do with the land department. The only role a house master has if approving the registration of other people in the tabian bahn. If no house master appointed the landlord can do it, but in your case it will be you and your wife as the minor's guardians.

[jack71]

2 hours ago, LukKrueng said:

You'll sign a sell\buy contact at the land office.

But isnt it another layer of protection to have an independent contract signed at an attorneys office? In the unlikely event that theres corruption at the land office or whatever.... if someone changes the name from my daughter to someone else. I know its highly unlikely but at least we would have evidence of a contract for sale/buy for the said asset. 

 

2 hours ago, LukKrueng said:

Thai nationals don't have to show where the money came from.

but when we bought a building 3 yrs ago they made me sign a letter stating that the funds for the purchase didnt come from me. Obviously if I didnt go to the land office then there would be no such letter required. The asset was in my wifes name as well. 

 

If my wife holds the bank draft and I stay at the back seating area then maybe they will not question anything as the chanote is going to be in my childs name. 

 

Surely my child is going to have to sign something at the land office if the chanote is in her name?

2 hours ago, LukKrueng said:

If no house master appointed the landlord can do it, but in your case it will be you and your wife as the minor's guardians.

so are you saying that the 'house master' is only appointed at the district office not the land office?

 

thanks

[khunPer]

1. Do the rules of one land office differ from province to province in relation to this issue?

The might do.

 

2. If an attorney prepares a contract, is it solely between my child and the. seller? Can a child sign a contract if under 10 yrs old

No, a minor under 20 needs a guardian to sign.

 

3. I assume my wife has to be there at the land office to approve this and sign forms?

A guardian for the child need to sign all documents, it might be a question who is accepted as guardian. In some cases both parents are needed to sign on behalf of a minor, in other cases just one parent. Check with the local land office what they demands.

 

4. Should I put my name as designated 'house manager' in the contract. I thought it would be a good idea as then I can show this to the amphur office if need be.

House manager - i.e. Master of House - is the person that can approve whom to be registered in the house book, it's not the amphor, but the tessa ban office that deals with house books. Being house manager got nothing to do with ownership or power of attorney.

 

5. If I arrange the bank draft from my money I assume no issues? Ive heard they can make me sign a letter at the land office stating that the money didnt come from me only the wife. Is this correct? i.e. no B.S rules as to where the funds come from the same as buying a condo?

If you think of payment for the property, then it's something to negotiate with seller, some may wish cash, others may accept a cashier's cheque. Land office normally wish cash payments - or like - for transfer fee and stamps; normally sellers pays tax. To my knowledge, it's only when a wife to a foreigner buys property that some land offices requires a statement that all funds for the property originates from the wife.

 

6. Does the tabian bahn go in my childs name? What about the house manager issue? How does this work?

House Book follows the house - i.e. "house" book - it's not a proof of ownership. Master of House / House Manager, see #4.

 

7. Can utility bills be put in my name if Im the 'house manager'

If you mean bill for electricity and like - including deposits - they normally need a name that is registered in a house book (the person needs a registered address), to my knowledge and experience it does not need to be the owner of the property. I have no knowledge about, if a minor can be registered as responsible for paying the bills.

 

Be aware that in the moment the property is transferred to a minor, contracts and servitudes - herunder lease, usufruct and habitation agreement - might not be able to be registered; i.e. make all such contracts with seller before transferring the title deed. Furthermore the property can normally not be mortgaged, neither sold.

????

[andyman57]

13 hours ago, LukKrueng said:

A minor cannot sign a contract. The parents or guardians have to be there and sign.

No need for a lawyer for property buying and selling. You'll sign a sell\buy contact at the land office.

Thai nationals don't have to show where the money came from.

Tabian bahn had nothing to do with ownership. It is merely an official proof of address and it is issued by the district office or in some cases tesaban and has nothing to do with the land department. The only role a house master has if approving the registration of other people in the tabian bahn. If no house master appointed the landlord can do it, but in your case it will be you and your wife as the minor's guardians.

I do know a minor can't sign for a house obviously  it's the parents

[scorecard]

11 hours ago, jack71 said:

But isnt it another layer of protection to have an independent contract signed at an attorneys office? In the unlikely event that theres corruption at the land office or whatever.... if someone changes the name from my daughter to someone else. I know its highly unlikely but at least we would have evidence of a contract for sale/buy for the said asset. 

 

but when we bought a building 3 yrs ago they made me sign a letter stating that the funds for the purchase didnt come from me. Obviously if I didnt go to the land office then there would be no such letter required. The asset was in my wifes name as well. 

 

If my wife holds the bank draft and I stay at the back seating area then maybe they will not question anything as the chanote is going to be in my childs name. 

 

Surely my child is going to have to sign something at the land office if the chanote is in her name?

so are you saying that the 'house master' is only appointed at the district office not the land office?

 

thanks

QUOTE:  "...so are you saying that the 'house master' is only appointed at the district office not the land office?"

 

Not really like that, the amphur office don't appoint/decide who the house master is. It's really up to the owner(s) to decide who is the house master. It can be the owner as stated on the land title, or the spouse, or a son or daughter, uncle...  (this is not governed by law; there's no regulations saying 'owner, spouse son or daughter, ...', this is just what you would typically find. And it can easily be changed, a decision usually from within the family involved - not decided by the amphur/district office. 

 

As already said the land office is not involved in this subject.  

 

You should be aware that the main duty of the house master is to keep the Tabien Baan book for that address up to date. e.g. when there's a birth or death the house naster is responsible to take the Tabien Baan book, copy of birth / death certificate to the amphur office. The amphur office will then update the Tabien Baan book. Further, it's very common that a Thai national is recorded on the Tabien Baan of the house where they grew up, possibly in a province but the reality is they live in an apartment in Bangkok, this situation is very common and there's nothing wrong with this. Note that the amphur office doesn't approve who can/can't be recorded on the Tabien Baan book for that address, the amphur office is just the 'records keeper' for the national registry of 'who lives where' records.

[BritManToo]

11 hours ago, jack71 said:

But isnt it another layer of protection to have an independent contract signed at an attorneys office? In the unlikely event that theres corruption at the land office or whatever.... if someone changes the name from my daughter to someone else. I know its highly unlikely but at least we would have evidence of a contract for sale/buy for the said asset. 

Learn to recognise your daughter's name written in Thai script.

More likely the attorney will cheat you than the land office.

[LukKrueng]

13 hours ago, jack71 said:

But isnt it another layer of protection to have an independent contract signed at an attorneys office? In the unlikely event that theres corruption at the land office or whatever.... if someone changes the name from my daughter to someone else. I know its highly unlikely but at least we would have evidence of a contract for sale/buy for the said asset. 

 

but when we bought a building 3 yrs ago they made me sign a letter stating that the funds for the purchase didnt come from me. Obviously if I didnt go to the land office then there would be no such letter required. The asset was in my wifes name as well. 

 

If my wife holds the bank draft and I stay at the back seating area then maybe they will not question anything as the chanote is going to be in my childs name. 

 

Surely my child is going to have to sign something at the land office if the chanote is in her name?

so are you saying that the 'house master' is only appointed at the district office not the land office?

 

thanks

A lawyer prepared contract gives no added protection against land office coalition as the name change might happen at a later time and be accompanied by a new land office contact anyway. But just think about it for a minute: if this would have been a common practice no one would bother with the land office ..

As for the document you signed at the land office before, I heard some offices request such letters but never encountered it myself. The only extra document I officially heard of is a consent of the spouse to the purchase\sale of a property in case the buyer\seller is married. As I am not officially married, when they ask me I simply say I'm single and that's that.

The house registration book has nothing to do with the land office. Depending where you live, it is done either at the district office or the tessaban. They issue the book, they add and remove people to the book. The house master is appointed there as well.

[EVENKEEL]

On 6/20/2022 at 7:18 AM, khunPer said:

1. Do the rules of one land office differ from province to province in relation to this issue?

The might do.

 

2. If an attorney prepares a contract, is it solely between my child and the. seller? Can a child sign a contract if under 10 yrs old

No, a minor under 20 needs a guardian to sign.

 

3. I assume my wife has to be there at the land office to approve this and sign forms?

A guardian for the child need to sign all documents, it might be a question who is accepted as guardian. In some cases both parents are needed to sign on behalf of a minor, in other cases just one parent. Check with the local land office what they demands.

 

4. Should I put my name as designated 'house manager' in the contract. I thought it would be a good idea as then I can show this to the amphur office if need be.

House manager - i.e. Master of House - is the person that can approve whom to be registered in the house book, it's not the amphor, but the tessa ban office that deals with house books. Being house manager got nothing to do with ownership or power of attorney.

 

5. If I arrange the bank draft from my money I assume no issues? Ive heard they can make me sign a letter at the land office stating that the money didnt come from me only the wife. Is this correct? i.e. no B.S rules as to where the funds come from the same as buying a condo?

If you think of payment for the property, then it's something to negotiate with seller, some may wish cash, others may accept a cashier's cheque. Land office normally wish cash payments - or like - for transfer fee and stamps; normally sellers pays tax. To my knowledge, it's only when a wife to a foreigner buys property that some land offices requires a statement that all funds for the property originates from the wife.

 

6. Does the tabian bahn go in my childs name? What about the house manager issue? How does this work?

House Book follows the house - i.e. "house" book - it's not a proof of ownership. Master of House / House Manager, see #4.

 

7. Can utility bills be put in my name if Im the 'house manager'

If you mean bill for electricity and like - including deposits - they normally need a name that is registered in a house book (the person needs a registered address), to my knowledge and experience it does not need to be the owner of the property. I have no knowledge about, if a minor can be registered as responsible for paying the bills.

 

Be aware that in the moment the property is transferred to a minor, contracts and servitudes - herunder lease, usufruct and habitation agreement - might not be able to be registered; i.e. make all such contracts with seller before transferring the title deed. Furthermore the property can normally not be mortgaged, neither sold.

????

I'm wanting to buy 2 rai of bare land for our daughter 10 yrs old. I'm wanting to make sure the daughter controls the title, so if the mother has to sign also I'm concerned the mother will control the title and not the daughter.

 

Any advice.......

[Dene16]

On 6/20/2022 at 4:40 AM, jack71 said:

thinking of buying an asset in my childs name.

The process is very straight forward, my son was 3 years old when i did it. 

I bought the land 50/50 with the gf's brother. He was shocked to find out that he could not sell the land or borrow off it until it could be split when he reaches 20 years old.

gf had to sign for him as the Guardian.

Unofficially we split the land and had electric placed on the land last year which we thought might be a problem as you have to register an address/house in the name of the owner. The village head said that if it was a problem he would sort it 

[jack71]

On 6/21/2022 at 9:05 AM, LukKrueng said:

A lawyer prepared contract gives no added protection against land office coalition as the name change might happen at a later time

If corruption did occur its at least better to have the attorney contract as evidence to the contrary. Not having it means that the only real evidence you might have is a photocopy of the bank draft you gave to the seller.  

[LukKrueng]

2 hours ago, jack71 said:

If corruption did occur its at least better to have the attorney contract as evidence to the contrary. Not having it means that the only real evidence you might have is a photocopy of the bank draft you gave to the seller.  

You missed my point. The lawyer's contract can be evidence for your purchase of the land at that time but if there is corruption and at a later time someone changes the name on the chanot as a different transaction the previous transaction will be useless. BUT - as there must be a sell\buy contact signed at the land department, you'll have to prove that the signature on that NEW document is forged.

[khunPer]

6 hours ago, EVENKEEL said:

I'm wanting to buy 2 rai of bare land for our daughter 10 yrs old. I'm wanting to make sure the daughter controls the title, so if the mother has to sign also I'm concerned the mother will control the title and not the daughter.

 

Any advice.......

Normally land registered at a land office in the name of a minor cannot be mortgaged, sold, transferred or have servitudes registered; the latter if it might not benefit the minor owner.

 

Advice: Consult a local lawyer to know exactly what rights of protection the minor has according to law and procedures at the local land office.