Putting Thai Kid's name on a Chanote Title, 10 yrs old..

[EVENKEEL]

I've seen threads on this in  the past, can't locate them. So, I want to buy some land and put in minor daughter's name only. Anybody have experience on paper signing. Can a minor be only name or is a parent signature required?

[Taco]

I think they have to be 16 years old. I am sure someone in here has dealt with this

[Nabbiex]

Yes, you can use your daughter's name regardless to her age. She can not sell till age of 20. If guardian, a request to the court if any changes. Strongly recommend to check with Thai lawyer. 

[LukKrueng]

Here's an active thread about the same topic.

 

 

[Sydebolle]

You can put a minor's name onto the land title deed BUT, there is a big BUT the child has a legal guardian who can act on the child's behalf. I.e. the power over what is owned by the child remains with the legal guardian. 
What you can do is to put your daughter as legal owner and you yourself are being put on the very same land title deed with an usufruct. Stipulate the latter in such a way, that you can use, sublet the land title as you please for the next 30 years - after which your daughter has reached legal age and the guardian is not longer an issue. 

Legally speaking no rocket science but you want to get legal advice. The usufruct can be put onto the back of the land title deed by a pre-printed form available at the Land Department. 

Ensure that you pay a nominal fee for the utilization of the usufruct (usually as high as to cover the costs involved with the property). Legal, straight forward and no surprises for the next 30 years. And, depending on your age, you can do a first-right-of-refusal for another 30 years, if the first term is expiring. To facilitate matters for your daughter, stipulate that the usufruct is considered expired once you've passed away - makes it easier for her. If it is not, what you want, then you can even include this usufruct as a part of your last will as inheritance to your "next-of-choice"! 

[scottyp1980]

Bought a house few months back and put it in my sons name who is 5 years old.

His name is all that is on the chanote.

 

[MikeyIdea]

Yes, my daughter owns land in huaykwang in Bangkok, she was 2 years old when transfer was made. It is easy to give to children but difficult to take away. The land department will not put a lease on the chanote if owner is a minor, I tried. Must have court order was the stern answer. so, Juvenile court will have to order. That's difficult, must prove that's its good for the child and still very very unlikely to happen. 

[MikeyIdea]

8 hours ago, Sydebolle said:

You can put a minor's name onto the land title deed BUT, there is a big BUT the child has a legal guardian who can act on the child's behalf. I.e. the power over what is owned by the child remains with the legal guardian. 
What you can do is to put your daughter as legal owner and you yourself are being put on the very same land title deed with an usufruct. Stipulate the latter in such a way, that you can use, sublet the land title as you please for the next 30 years - after which your daughter has reached legal age and the guardian is not longer an issue. 

Legally speaking no rocket science but you want to get legal advice. The usufruct can be put onto the back of the land title deed by a pre-printed form available at the Land Department. 

Ensure that you pay a nominal fee for the utilization of the usufruct (usually as high as to cover the costs involved with the property). Legal, straight forward and no surprises for the next 30 years. And, depending on your age, you can do a first-right-of-refusal for another 30 years, if the first term is expiring. To facilitate matters for your daughter, stipulate that the usufruct is considered expired once you've passed away - makes its sier for her. If it is not, what on  you want, then you can even include this usufruct as a part of your last will as inheritance to your "next-of-choice"! 

Nope, land department refuses to put anyting on a title deed if owner is a minor. The workaround is to put it there before transfer. 

 

I have tried 30 year lease. Was refused. Any change to a title deed where a minor is the owner require court order. 

[EVENKEEL]

17 hours ago, scottyp1980 said:

Bought a house few months back and put it in my sons name who is 5 years old.

His name is all that is on the chanote.

 

So, who signed the papers?

I can't read Thai or understand enough to be clear on what goes on during sale. Did his mother not also have to sign papers as guardian?

[EVENKEEL]

17 hours ago, Sydebolle said:

You can put a minor's name onto the land title deed BUT, there is a big BUT the child has a legal guardian who can act on the child's behalf. I.e. the power over what is owned by the child remains with the legal guardian. 
What you can do is to put your daughter as legal owner and you yourself are being put on the very same land title deed with an usufruct. Stipulate the latter in such a way, that you can use, sublet the land title as you please for the next 30 years - after which your daughter has reached legal age and the guardian is not longer an issue. 

Legally speaking no rocket science but you want to get legal advice. The usufruct can be put onto the back of the land title deed by a pre-printed form available at the Land Department. 

Ensure that you pay a nominal fee for the utilization of the usufruct (usually as high as to cover the costs involved with the property). Legal, straight forward and no surprises for the next 30 years. And, depending on your age, you can do a first-right-of-refusal for another 30 years, if the first term is expiring. To facilitate matters for your daughter, stipulate that the usufruct is considered expired once you've passed away - makes it easier for her. If it is not, what you want, then you can even include this usufruct as a part of your last will as inheritance to your "next-of-choice"! 

Thanks for your input. Just seems highly complicated from my view.

[EVENKEEL]

8 hours ago, MikeyIdea said:

Yes, my daughter owns land in huaykwang in Bangkok, she was 2 years old when transfer was made. It is easy to give to children but difficult to take away. The land department will not put a lease on the chanote if owner is a minor, I tried. Must have court order was the stern answer. so, Juvenile court will have to order. That's difficult, must prove that's its good for the child and still very very unlikely to happen. 

So when sale was made your daughters name was put on deed. I'm assuming the mother also signed as guardian.

 

I just want to make sure land will stay 100% daughter's property and no loans can be made and land can't be sold, Until she reaches legal age and she can do as she pleases.

[scottyp1980]

2 hours ago, EVENKEEL said:

So, who signed the papers?

I can't read Thai or understand enough to be clear on what goes on during sale. Did his mother not also have to sign papers as guardian?

I had to sign the papers.

I’m a single father so this is the reason I bought it in his name , his mother not involved in anyway.

I suppose it all depends on the office and the person in the office dealing with the signing over. I had to show all my court docs and docs from amphur and it took more or less the whole day as they wasn’t so sure what way to go about it, but got it in my sons name in the end.
Also the person I bought the house from was there to help me do it all.

[Sydebolle]

19 hours ago, MikeyIdea said:

Nope, land department refuses to put anyting on a title deed if owner is a minor. The workaround is to put it there before transfer. 

 

I have tried 30 year lease. Was refused. Any change to a title deed where a minor is the owner require court order. 

Well, I did it in Pattaya, Bangkok and Nong Khai and it worked in all three cases without any court orders. Likewise I put my name as the sole beneficiary of an usufruct - arguably all that is quite some time ago. 

Best is to get some legal advice by a professional Bangkok lawyer; avoid those Pattaya experts by all means. Ask ten and you get 12 opinions ???? 

[john donson]

On 6/27/2022 at 3:16 PM, scottyp1980 said:

Bought a house few months back and put it in my sons name who is 5 years old.

His name is all that is on the chanote.

 

did it not need consent of the mother ?

 

I tried that and the land department had 2 fake excuses

 

money laundering, they accused me off, while it was a gift to my daughter

 

and

 

need court permission, which was bull<deleted> again, I know you need a judge consent to sell if the owner is a minor, but not to buy

 

 

same XENOPHOBIC land department of samut prakan is cock blocking me again

 

 

no usufruct, even my ex would be a new owner, cannot...

 

then you contact lawyers and they say, can DO but need to pay BRIBES

 

and as a surprise, they don't want to quote neither their service or the amount of bribe

 

 

corrupt country from bottom to top

 

you think NACC investigate claims or just in the bin ?