Half Thai/Foreign child cannot own Thai land.

[JeffersLos]

Child, born in Thailand, with one Thai parent, with Thai ID card and Thai passport.

 

The officer at the information desk at the land office said a property purchase cannot be bought in the child's name because they have a foreign parent.

 

Obviously this is incorrect, and when the transfer officer deals with the case at the point of transfer they will likely know that it is in fact completely legal.

 

But to insure this I would like a copy of the Thai Land Act printed in both English and Thai. 

 

Does anybody have a source for the Thai Land act, and the section number referencing Thai minors owning land.

 

TIA. 

[Halfaboy]

Have a look at the site samuiforsale. Lots of laws, acts etc available and most of them are translated in English language.

[wprime]

There is no restriction for half-Thais in buying land.

 

BUT, an alien cannot buy land without permission (section 94 of the Land Code iirc). The fact that it's in your child's name doesn't change this, this will still be considered as an alien buying land.

 

If you want your child to have the land, you will need to gift the money to the child (and pay tax as required), then the child can purchase the property using their own funds.

[soi3eddie]

These idiot officials sound like those at the local Amphur office in a  southern province. Told us our half Thai son could not go on the blue house book because "he's not Thai". Despite him having a Thai birth certificate and a Thai passport. Dodos. 

 

[Will B Good]

I fail to understand the term half-Thai.

 

You are either a Thai national or you are not?

 

Even if they hold dual nationalities they are still Thai and not half-Thai.

[Boomer6969]

Once more, Thai xenophobia at its best. And there will be apologists to assert it isn't.

[mackayae]

There might be an age requirement to be the title owner.

[Peterw42]

OP, I think you will find the land office has discretion when it comes to children owning land etc, its not carved in stone that they 100% can.

Its probably not so much the child being the owner, its to do with the restrictions that go along with that ownership, there must be a Thai guardian involved, the property cant be sold or leased without court approval etc. usually the parents cant rent back from the child etc.

So the information desk is saying is it cant be done because you cant be the guardian, cant live in the house etc.

[JeffersLos]

2 minutes ago, Peterw42 said:

there must be a Thai guardian involved

There is no legal requirement for the property guardian to be Thai.  

[JeffersLos]

1 hour ago, JeffersLos said:

a copy of the Thai Land Act printed in both English and Thai. 

This doesn't exist online? 

[Bangel72]

Someone else mentioned this, but also curious to whether there is a legal age requirement for someone to be the primary owner of land. I've been told when I enquired before that my son was not old enough but curious to what the real situation is.

 

On the Thai part, I'm fairly sure its a case of yes they are Thai and makes no difference if one of the parents is not. 

[IvorBiggun2]

37 minutes ago, JeffersLos said:

This doesn't exist online? 

In English it does. Google for it in Thai. Or just translate.

Law Text Land Code Act 1954 (up to 2008 amendments)

https://www.samuiforsale.com/law-texts/law-text-land-code-act-1954.html

Edited November 21, 2022 by IvorBiggun2

[CharlieH]

Suggest a browse here.....

 

https://www.thailandlawonline.com/

[Peterw42]

OP, You will find a lot of the relevant legislation, not in the land act, but in the Civil Code.

in the sections 1500 onwards, it covers parents children, guardians etc. Specifically 1574 and 1577.

 

https://www.samuiforsale.com/law-texts/thailand-civil-code-part-3.html

 

 

Edited November 21, 2022 by Peterw42

[JBChiangRai]

Putting property in a Thai Child’s name is at the Land Office’s discretion.

 

Actually, transfer of any chanote to any Thai person at the Land Office is entirely at the officer’s discretion. They can refuse anyone without giving a reason.

 

There is no right of appeal.

 

it is the same with every immigration officer.

[DrJoy]

2 hours ago, JeffersLos said:

This doesn't exist online? 

https://www.dol.go.th/Pages/home.aspx

[DrJoy]

15 minutes ago, JBChiangRai said:

Actually, transfer of any chanote to any Thai person at the Land Office is entirely at the officer’s discretion. They can refuse anyone without giving a reason.

 

There is no right of appeal.

Incorrect.

 

Show the source of this information

[DrJoy]

4 hours ago, Will B Good said:

I fail to understand the term half-Thai.

 

You are either a Thai national or you are not?

 

Even if they hold dual nationalities they are still Thai and not half-Thai.

Correct.

Anyone who has a Thai citizen number allotted to them is THAI.

 

 

Look for ไทย on the Birth Certificate

[kingstonkid]

OP tis is 7 years old but may help you understand.

 

No. We understand that you are talking about the land attached to the townhouse and that answer is for that:

1. There is no law to limit the age of the owner of the land. So technically, your son could be the owner of the land. However, the land departments have a lot of discretion to accept or not transactions. Because your son is a baby, they might want the mother to be the owner first, and then, the mother can give the land to the child.

2. However, once a child is the owner of the land, a child can NOT lease it to anyone EXCEPT with the authorization of the Court. You will find these limitations about real estate and children at clause 1574 of the Thai Commercial and Civil Code. Yours is 1574 (1).

A lease between husband and wife might also be refused by the land department. Few years ago, it was easier, right now, the land department will normally agree on the registration of a usufruct but will refuse a lease between legal spouses

 

https://www.thaicontracts.com/ask/28-other-questions/62-is-it-possible-to-buy-house-in-my-thai-son-s-name-and-then-lease.html#:~:text=There is no law to,to accept or not transactions.

[JeffersLos]

Have spoken to a lawyer, and will have a second meeting with them tomorrow.

 

They said that the office views it the foreigner owning land/property through their child, which they refuse to do, so refuse the transfer to a half-Thai child.

 

They said that if they do get it transferred to the child's name, that the legal guardian of the property will not be allowed to be the foreign parent by the land department. 

 

It isn't the law, but it is the 'law' of the office. I pointed out that it is refusing to transfer Thai land to a Thai born Thai national with Thai ID and passport, but apparently it seems that that is legal for them to do.

 

Unlike other instances, it's not like going to another office is an option when the land is in that district. ????

 

 

Tomorrow's meeting will also discuss usufruct and superficies, etc. 

[PPGuy]

38 minutes ago, DrJoy said:

Correct.

Anyone who has a Thai citizen number allotted to them is THAI.

 

 

Look for ไทย on the Birth Certificate

Not always so black and white.

My son was born at Chula hospital in Bangkok some 30 years ago. His mother is Thai. The BC noted him as 'non-Thai' and the mother, correctly, as 'Thai'. All fully signed off by the Thai officials.

We needed to petition the Ministry of interior and it took them over 2 years to issue a letter confirming him as Thai and then having that noted on the reverse side of the BC, still with the front page showing him as 'non-Thai'.

'Officials', don't you just love them!!

Edited November 21, 2022 by PPGuy

[Purdey]

If i remember correctly, a Thai with a foreign parent must decide which nationality to take eventually.

The law may have changed.

At 15 years s/he can get a national ID card.

As a baby, it may look obvious to officers this is for the foreign parent's benefit. 

Putting the land in the name of the mother and getting an usufruct (simultaneously if possible) agreement will allow you lifetime use of the land 

 

 

[scorecard]

5 hours ago, mackayae said:

There might be an age requirement to be the title owner.

Thai law allows Thai children to be recorded as the owner from a very young toddler age.

[Peterw42]

39 minutes ago, JeffersLos said:

They said that if they do get it transferred to the child's name, that the legal guardian of the property will not be allowed to be the foreign parent by the land department. 

I read somewhere (but cant find it now) that the land office reasoning goes something like this,

A thai child cannot have a will, if the child dies then the property goes to the guardian, so guardian cant be foreigner as that means they would then own property.

 

[JeffersLos]

2 minutes ago, Peterw42 said:

A thai child cannot have a will, if the child dies then the property goes to the guardian, so guardian cant be foreigner as that means they would then own property.

A Thai can legally leave land to a foreigner in their will.

 

Under law the foreigner then has 12 months to sell it/transfer it to a Thai. 

 

Others report that there was no issue in being the property guardian, there isn't any law that states the guardian cannot be a foreigner. 

[JeffersLos]

20 minutes ago, Purdey said:

At 15 years s/he can get a national ID card.

Thais get ID cards at age 7. Which this child did.

[ChaiyaTH]

Even you were a foreigner 100% but got the Thai nationality, you are a Thai by law even no local will agree 555. Who has the nationality, has the rights.

 

I just heard that there is a certain minimum age for it, not sure that is true.

Edited November 21, 2022 by ChaiyaTH

[ChaiyaTH]

5 minutes ago, JeffersLos said:

Thais get ID cards at age 7. Which this child did.

I get his confusion, I told my wife too the ID is at 7 but she said, doesn't matter, my parents could not transfer land to my name until 15.

[Peterw42]

10 minutes ago, JeffersLos said:

A Thai can legally leave land to a foreigner in their will.

 

Under law the foreigner then has 12 months to sell it/transfer it to a Thai. 

 

Others report that there was no issue in being the property guardian, there isn't any law that states the guardian cannot be a foreigner. 

Yes that right, but as I said above "a thai child cannot have a will" there is a certain age below that age they cant make a will, 

 

section 1577 of the civil code specifically states

 

Section 1577. A person may transfer by legacy or gift a property to a minor, subject to its being managed, up to the time of majority, by a person other than the person exercising parental power.

 

So there may not be a law saying a foreigner cant be the guardian but there is one that says the parents cant be

 

https://www.samuiforsale.com/law-texts/thailand-civil-code-part-3.html

Edited November 21, 2022 by Peterw42

[soalbundy]

5 hours ago, wprime said:

There is no restriction for half-Thais in buying land.

 

BUT, an alien cannot buy land without permission (section 94 of the Land Code iirc). The fact that it's in your child's name doesn't change this, this will still be considered as an alien buying land.

 

If you want your child to have the land, you will need to gift the money to the child (and pay tax as required), then the child can purchase the property using their own funds.

My 15 year old son British/Thai born in Thailand with all the accompanying documents is on the chanod of two houses with his mothers name as co-owner.