Anyone with experience buying house in childs (12 year old Thai national) in Chiang Mai?

[wisemonkey]

Im of the understanding that its possible to buy land and property in a Thais minors name, however Ive read on this forum that some districts dont allow it, one being Chiang Mai, just so happens Ive come across a good deal for a townhouse in Chiang Mai, so wanting to know if anyone has actually been successful in doing this in Chiang Mai and if so was the process easy? 

 

Im thinking the process would be to put the property in my sons name (if this is possible in Chiang Mai) and then set up a usufruct agreement or 30 year lease.  Appreciate any pointers, cheers.

[Gulfsailor]

By law a Thai child can own land in Thailand, but some land departments won’t make it easy if a foreign dad is involved. Plus once it’s in his name, you can’t have control over it without a Thai court’s approval. So if you want to sell the land in a few years, you’ll likely won’t be able unless you have a good reason that benefits the child, eg need the money for your child’s tuition. Also you won’t be able to get a usufruct I think as the kid is not old enough to sign off on it, so again it has to be approved by the court, and unless you pay good money for that usufruct, there is no advantage for the child, so the court wouldn’t grant it. It may be possible to get the usufruct from the seller first, and then your son buys the property with the usufruct already on it. I think it’s best to talk with a local lawyer who has good connection both with the land department and family court, before doing anything. 

[wisemonkey]

9 hours ago, Gulfsailor said:

By law a Thai child can own land in Thailand, but some land departments won’t make it easy if a foreign dad is involved. Plus once it’s in his name, you can’t have control over it without a Thai court’s approval. So if you want to sell the land in a few years, you’ll likely won’t be able unless you have a good reason that benefits the child, eg need the money for your child’s tuition. Also you won’t be able to get a usufruct I think as the kid is not old enough to sign off on it, so again it has to be approved by the court, and unless you pay good money for that usufruct, there is no advantage for the child, so the court wouldn’t grant it. It may be possible to get the usufruct from the seller first, and then your son buys the property with the usufruct already on it. I think it’s best to talk with a local lawyer who has good connection both with the land department and family court, before doing anything. 

 

Cheers for the info, Im not too worried about the selling, as would want to keep it for life, well passed when he would be 20 anyway.

 

With regards to the usufruct , apparently a work around is to  make a usufruct servitude ( giving you rights for life, or up to 30 years, to inhabit the house) before the property is moved into a minor's name, as you suggested it might be impossible or a lot harder to register them when a minor owns the property. 

 

Ill have to find a lawyer eventually , this site has been great for a lot of other things so was hoping someone had experience getting this done in Chiang Mai, just want to see its possible before I start making moves.