Minimum Age For A Thai Owning Property

[roietjimmy]

An expat friend is buying property in Phuket area and wants to put property in his daughters name. She holds a Thai passport but is only 3 years old. Is it true a Thai must be at least 20 years of age to have property in thir name?

[fletchsmile]

My wife also said they need to be over 20.

[chownah]

I read part of the land laws a few years ago and distinctly remember that children (Thai citizens) of any age may have land put in their name but there must be someone named as administrator who is required to manage the land for the best interest of the child until the child is of age to own it independently.....I don't know if the administrator must be Thai or not and I don't know what is the age the child can own independently but 20 years is probably a good guess.

[think_too_mut]

I read part of the land laws a few years ago and distinctly remember that children (Thai citizens) of any age may have land put in their name but there must be someone named as administrator who is required to manage the land for the best interest of the child until the child is of age to own it independently.....I don't know if the administrator must be Thai or not and I don't know what is the age the child can own independently but 20 years is probably a good guess.

20 yrs of age is probably when they are allowed to manipulate the land. Sell or whatever.

3 yrs old baby can have it in her name - it's just not common in Thai and city council workers would try to discourage it.

Although possible and legal, it rarely happens among Thais.

[joeuk1]

I paid for piece of land last year that i want to give to my Thai born son ,he can have the land in his name as soon as he can sign his own name .He will have a clause on it that he can not sell the land untill he is 21 .

JB

[jumnien]

At the present time I trust my wife's allegiance to me and her wisdom more than I do that of my 2 year old son. I hope it stays that way! Things must be pretty bleak on the home front for someone to consider their infant as more trustworthy than their spouse.

[Irene]

An expat friend is buying property in Phuket area and wants to put property in his daughters name. She holds a Thai passport but is only 3 years old. Is it true a Thai must be at least 20 years of age to have property in thir name?

It is possible to have a title deed under the name of the under-age. However, it is not advisable because the land cannot be disposed until he has come to the full age of 20. An underage cannot legally effect any transactions.

[joeuk1]

At the present time I trust my wife's allegiance to me and her wisdom more than I do that of my 2 year old son. I hope it stays that way! Things must be pretty bleak on the home front for someone to consider their infant as more trustworthy than their spouse.

Nothing has to be bleak on the homefront , if someones in a position to buy property - land and give that for there children for future then i say go for it . What you can buy today you know will cost a lot more in 18 years time

JB

[roietjimmy]

Thanks for all the comments. They have been very helpful. It seems the deed can be put in in the daughters name but she will not be able to conduct any legal transactions until she is 20 years of age. Of course a lawyer will be engaged when the deed is drawn up.

My friend and his Thai wife live in Europe. Nothing bleak on the homefront. Both simply want to make sure the daughter has something for her future.

[tuktukmike]

This subject has come up many times on other forums.

From experiance I have seen in Hua Hin, dont bother.

If you put the house in your childs name remember your wife as gaurdian can still do as she wishes with the property until the child comes of age.

If your wife is thai why not put in her name!!!!!

One guy got burned badly going through this route, not as safe as he thought,

Mike.

[fletchsmile]

At the present time I trust my wife's allegiance to me and her wisdom more than I do that of my 2 year old son. I hope it stays that way! Things must be pretty bleak on the home front for someone to consider their infant as more trustworthy than their spouse.

Nothing has to be bleak on the homefront , if someones in a position to buy property - land and give that for there children for future then i say go for it . What you can buy today you know will cost a lot more in 18 years time

JB

There's another part to this topic, which is why I have also considered putting some assets into my daughter's name. I trust my wife completely, however, there are Thai inheritance laws to be borne in mind, eg:

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

Are you aware for example, that if your spouse dies without a will, then the estate goes to children, spouse and parents in equal shares. or put another way, The foreign spouse only receives it all, if there are no parents, children, brothers or sisters, half-brothers and half sisters, grandparents, uncles, aunts etc.

Have you thought what happens if you die, and your spouse remarries? How are you going to ensure that all your assets which then pass to your spouse, eventually go to your own children? Particularly if the new partner outlives your spouse.

Most of us want to ensure our spouse and children are looked after, if something happens to us, but life can be full of surprises and accidents.

To leave it on a slightly more positive note. What would you do if you had another child, and you've put everything in the name of the first one? You'd probably want some provision in there that all your children benefit equally...

Edited July 26, 2007 by fletchthai68

[Chris.B]

An expat friend is buying property in Phuket area and wants to put property in his daughters name. She holds a Thai passport but is only 3 years old. Is it true a Thai must be at least 20 years of age to have property in thir name?

It is possible to have a title deed under the name of the under-age. However, it is not advisable because the land cannot be disposed until he has come to the full age of 20. An underage cannot legally effect any transactions.

Can it not be transferred back to the mother who could then dispose of it if she wished?

[Irene]

An expat friend is buying property in Phuket area and wants to put property in his daughters name. She holds a Thai passport but is only 3 years old. Is it true a Thai must be at least 20 years of age to have property in thir name?

It is possible to have a title deed under the name of the under-age. However, it is not advisable because the land cannot be disposed until he has come to the full age of 20. An underage cannot legally effect any transactions.

Can it not be transferred back to the mother who could then dispose of it if she wished?

Unlike opening a bank deposit account, an underage needs a consent of his parents. In the case of immovable property, ownership could be registered under the name of the underage. From my recollection, once registered, the land cannot be sold or mortgaged until he has reached 20 years of age when he is viewed as an adult and on his birthday of that year able to conclude any legal transactions. So, the underage can transfer the land to the mother when he has come of age at 20. Do check with the Land Department of this understanding.

[Chris.B]

Thanks Irene.

You appear to be saying once land/property is in an underaged Thais name then there is no way it can be transferred until the child is 20 years old, even with the consent of the guardian?

Chris

[Irene]

Thanks Irene.

You appear to be saying once land/property is in an underaged Thais name then there is no way it can be transferred until the child is 20 years old, even with the consent of the guardian?

Chris

Right.

[fletchsmile]

Thanks Irene.

You appear to be saying once land/property is in an underaged Thais name then there is no way it can be transferred until the child is 20 years old, even with the consent of the guardian?

Chris

Right.

I don't think it's that set in stone, i.e I wouldn't say "no way". I believe it is actually:

"no parent without the approval of the court..." may sell/transfer etc.

That implies with court approval you could so. If you think about it logically there has to be some provision along these lines. Situations could arise where it is everyone's interest, including the child's where a sale may be necessary/preferable

[LaReina]

actually only the court can allow it to happen.. So if they side with the wife then yes, if they think that it is not in the best interest of the child then no.

[Irene]

Thanks Irene.

You appear to be saying once land/property is in an underaged Thais name then there is no way it can be transferred until the child is 20 years old, even with the consent of the guardian?

Chris

Right.

I don't think it's that set in stone, i.e I wouldn't say "no way". I believe it is actually:

"no parent without the approval of the court..." may sell/transfer etc.

That implies with court approval you could so. If you think about it logically there has to be some provision along these lines. Situations could arise where it is everyone's interest, including the child's where a sale may be necessary/preferable

You are also right but in practice the court is reluctant to take side or take up the responsibility.

[mouse]

The land office told us that the law states that "said land can only be sold if a Judge rules that it is in the interest of the child without outside influences".

We have done so for one of our children and plan to also do so for the other two also. It is my desire, as I remember the squabbling, when my Father and then my Mother died. I do not wish my kids to go through that and want them to know up front what is to become theirs.

[Irene]

The land office told us that the law states that "said land can only be sold if a Judge rules that it is in the interest of the child without outside influences".

We have done so for one of our children and plan to also do so for the other two also. It is my desire, as I remember the squabbling, when my Father and then my Mother died. I do not wish my kids to go through that and want them to know up front what is to become theirs.

Thank you for sharing with us your experience. Can you tell us how long it take to get the court order and the fees involved.