House In Thai Daughters Name

[blueandbrown]

can anyone tell me can a house and land be put into daughter(thai) name instead of wife and if so at what age is minimum.

[InterestedObserver]

Yes, but since your daughter is a minor she will need a third party to act on her behalf. Get the local civil court to act on her behalf, be sure to include a clause in the documents stipulating that she can not sell or transfer the property until of legal age or without the courts permission. Also get yourself a lawyer.

[chiangmaibruce]

OP

There is no minimum age, but there are issues associated with taking this route that you need to make yourself aware of. There are several previous threads in thaivisa on this issue, some quite good. try search using "minor child buying property" "property in name of child" or similar search words to locate these (see top right this page for search facility)

Yes, but since your daughter is a minor she will need a third party to act on her behalf. Get the local civil court to act on her behalf, be sure to include a clause in the documents stipulating that she can not sell or transfer the property until of legal age or without the courts permission. Also get yourself a lawyer.

As I understood it the thai spouse was normally the appointed guardian & that the law stipulated that the property can't be sold prior to the child coming of age - unless the court deems it to be in the childs best interests to do so. Also that the guardian cannot (legally) use the property as collateral for a loan.

I wasn't aware of any special paperwork that needed to be prepared to set this up. If you can point me towards your source or more detailed info, I'd be most interested to learn more. Cheers

[InterestedObserver]

The whole purpose of registering property in a child's name is to preserve said property for the child's benefit. Under the Thai Civil and Commercial Code, the legal representative of a child may permit the child to dispose of property. So without any intervention to the contrary, a wife, acting as legal representative, could cause the property to be sold, mortgaged or otherwise disposed of to the detriment of the child. Therefore, when transferring property to a child, it is wise to include documents preventing any disposal or encumbrance of the property until the child is of legal age. Therefore, the need for a good lawyer to draw up the documents and the Civil Court to determine what is in the child's best interests.

[chiangmaibruce]

So without any intervention to the contrary, a wife, acting as legal representative, could cause the property to be sold, mortgaged or otherwise disposed of to the detriment of the child.

Hmm. This is getting interesting. Have a look at section 1574 of the civil code which seems to contradict what you have just stated (http://www.thailawonline.com/thailand/civil-code), but at the same time see section 1577 which seems to (sort of) support it ... it says that land can be given to a child as long as it is not managed by a person who is "exercising parental power".

At the same time I have been advised that in many cases the Lands dept people simply will not accept a child signing an agreement when it is clear the child is too young to understand what they are doing.

Can I ask anyone reading this, who has been through this process, to mention their experiences? In particular, how old was the child? what paperwork did you have to complete? the nature and value of the property? any other issues that were raised?

[torrenova]

But whatever method is used, is it not giving some Thai, related or not, the power to change the financial position relating to the property. Now how many times do we see Thais abusing this or any other means of obtaining money ? All the time.

Surely just better to rent and keep the cash outside Thailand for the child. Or perhaps a back to back lease and loan from a non Thai company controlled by the OP. Sort of a fictitious loan made and registered against the chanote. Totally legal and means no-one can sell the place as you make the debt about 10+ times the value of the land or house so there is never any equity.

[aaoaahq]

So without any intervention to the contrary, a wife, acting as legal representative, could cause the property to be sold, mortgaged or otherwise disposed of to the detriment of the child.

Hmm. This is getting interesting. Have a look at section 1574 of the civil code which seems to contradict what you have just stated (http://www.thailawonline.com/thailand/civil-code), but at the same time see section 1577 which seems to (sort of) support it ... it says that land can be given to a child as long as it is not managed by a person who is "exercising parental power".

At the same time I have been advised that in many cases the Lands dept people simply will not accept a child signing an agreement when it is clear the child is too young to understand what they are doing.

Can I ask anyone reading this, who has been through this process, to mention their experiences? In particular, how old was the child? what paperwork did you have to complete? the nature and value of the property? any other issues that were raised?

I am sorry to drag this old post up, but I have been searching through the forum and have not see any particular reference within the civil code (section 1577) or posts as to whether a parent can build on land that is owned by their children, i.e. the land is in the name of a minor, is this possible?

I would be really grateful if any of the law experts on the forum could provide some guidance or point me in the direction of the relevant section in the civil code that covers this.

Many thanks for your help!

[donx]

I am sorry to drag this old post up, but I have been searching through the forum and have not see any particular reference within the civil code (section 1577) or posts as to whether a parent can build on land that is owned by their children, i.e. the land is in the name of a minor, is this possible?

I would be really grateful if any of the law experts on the forum could provide some guidance or point me in the direction of the relevant section in the civil code that covers this.

Many thanks for your help!

I'm not a law expert but I do remember reading somewhere in the forum that building on land that is owned by a child is complicated. You need to get the approval from the courts and they will only allow this being done if it is in the best interest of the child. I took this to mean that basically if you build on the land, the house most likely needs to be in the name of the child, not in the name of someone else.

Thus my suspicion is that a parent can build on the land (with the approval of the courts) but the child will be the owner of the building.

[Livinginexile]

Buy a condo dude!

Your Mrs will try to talk you out of it because it won't be in her name but do it anyway.

[InterestedObserver]

Buy a condo dude!

Your Mrs will try to talk you out of it because it won't be in her name but do it anyway.

Thais are land crazy, there isn't any land comes with a condo.

[aaoaahq]

I am sorry to drag this old post up, but I have been searching through the forum and have not see any particular reference within the civil code (section 1577) or posts as to whether a parent can build on land that is owned by their children, i.e. the land is in the name of a minor, is this possible?

I would be really grateful if any of the law experts on the forum could provide some guidance or point me in the direction of the relevant section in the civil code that covers this.

Many thanks for your help!

I'm not a law expert but I do remember reading somewhere in the forum that building on land that is owned by a child is complicated. You need to get the approval from the courts and they will only allow this being done if it is in the best interest of the child. I took this to mean that basically if you build on the land, the house most likely needs to be in the name of the child, not in the name of someone else.

Thus my suspicion is that a parent can build on the land (with the approval of the courts) but the child will be the owner of the building.

Thank you donx! I am not concerned about the children owning the property, but wouldn't want to go to court to get building permission as it would probably be a long drawn out affair. I have read through the civil and commercial code, but can't find specific reference to building on land held by minors. Maybe the easiest way is to just ring the land department. Thanks again for your help.

[torrenova]

I still haven't got to the bottom of this but you just have to look around to see that the law means nothing if there is sufficient cash around. Look at that western guy who was murdered climbing the wall into his own property and it was all "case closed" by the BiB, no doubt well compensated for their time.

Say you put your house in your child's name and you die. Of course, you do not want your widow to blow the money and end up with your daughter living with grandma and having no real roof over her head but your widow might rather have 500k today than the 5m the house is worth. Those who can make that happen, irrespective of anything you set up before you died can all be bought off. And who is there to complain ? the child knows nothing and no-one else can say anything. No, if the mother decides she wants to cash in, she can and you are long dead and can do nothing. If it is to protect your children, inside Thailand is not the way to do it.

[phuketrichard]

The whole purpose of registering property in a child's name is to preserve said property for the child's benefit. Under the Thai Civil and Commercial Code, the legal representative of a child may permit the child to dispose of property. So without any intervention to the contrary, a wife, acting as legal representative, could cause the property to be sold, mortgaged or otherwise disposed of to the detriment of the child. Therefore, when transferring property to a child, it is wise to include documents preventing any disposal or encumbrance of the property until the child is of legal age. Therefore, the need for a good lawyer to draw up the documents and the Civil Court to determine what is in the child's best interests.

I had my land placed in my daughter name and i am her legal guardian until she is 15. You can't have land in ur name till u have a thai id card.

As a farang i could not sell the land till she was of age which we did when she turned 15.

No problem. you dont need a F#@king lawyer....

[Mario2008]

I still haven't got to the bottom of this but you just have to look around to see that the law means nothing if there is sufficient cash around. Look at that western guy who was murdered climbing the wall into his own property and it was all "case closed" by the BiB, no doubt well compensated for their time.

Say you put your house in your child's name and you die. Of course, you do not want your widow to blow the money and end up with your daughter living with grandma and having no real roof over her head but your widow might rather have 500k today than the 5m the house is worth. Those who can make that happen, irrespective of anything you set up before you died can all be bought off. And who is there to complain ? the child knows nothing and no-one else can say anything. No, if the mother decides she wants to cash in, she can and you are long dead and can do nothing. If it is to protect your children, inside Thailand is not the way to do it.

Thai law protects the rights of the child. For certain actions, like selling a house that belongs to the child, the parents must seek court approval before they can do so.

[scorecard]

The whole purpose of registering property in a child's name is to preserve said property for the child's benefit. Under the Thai Civil and Commercial Code, the legal representative of a child may permit the child to dispose of property. So without any intervention to the contrary, a wife, acting as legal representative, could cause the property to be sold, mortgaged or otherwise disposed of to the detriment of the child. Therefore, when transferring property to a child, it is wise to include documents preventing any disposal or encumbrance of the property until the child is of legal age. Therefore, the need for a good lawyer to draw up the documents and the Civil Court to determine what is in the child's best interests.

I had my land placed in my daughter name and i am her legal guardian until she is 15. You can't have land in ur name till u have a thai id card.

As a farang i could not sell the land till she was of age which we did when she turned 15.

No problem. you dont need a F#@king lawyer....

Would you please share:

- The name of the Land Title office which allowed you to put the chanut in your daughter's name, and please

- How old was your daughter when this was done.

If my questions are too sensitive then please ignore it and I apologize.

Edited April 18, 2010 by scorecard

[scorecard]

I still haven't got to the bottom of this but you just have to look around to see that the law means nothing if there is sufficient cash around. Look at that western guy who was murdered climbing the wall into his own property and it was all "case closed" by the BiB, no doubt well compensated for their time.

Say you put your house in your child's name and you die. Of course, you do not want your widow to blow the money and end up with your daughter living with grandma and having no real roof over her head but your widow might rather have 500k today than the 5m the house is worth. Those who can make that happen, irrespective of anything you set up before you died can all be bought off. And who is there to complain ? the child knows nothing and no-one else can say anything. No, if the mother decides she wants to cash in, she can and you are long dead and can do nothing. If it is to protect your children, inside Thailand is not the way to do it.

But my understanding is that when you record the child's name on the chanut, you can:

- Legally add further instructions, e.g. "No matter what the circumstances are the land/house cannot be sold, cannot be used as a security by others, etc etc., without permission of the court".

- Legally add that "The child does not gain full control until 25 years old" (25 just an example), rather than 15 years old as stated in the law.

Can any members give a specific answer to these points, please

Thanks.

Edited April 18, 2010 by scorecard

[rgs2001uk]

I still haven't got to the bottom of this but you just have to look around to see that the law means nothing if there is sufficient cash around. Look at that western guy who was murdered climbing the wall into his own property and it was all "case closed" by the BiB, no doubt well compensated for their time.

Say you put your house in your child's name and you die. Of course, you do not want your widow to blow the money and end up with your daughter living with grandma and having no real roof over her head but your widow might rather have 500k today than the 5m the house is worth. Those who can make that happen, irrespective of anything you set up before you died can all be bought off. And who is there to complain ? the child knows nothing and no-one else can say anything. No, if the mother decides she wants to cash in, she can and you are long dead and can do nothing. If it is to protect your children, inside Thailand is not the way to do it.

But my understanding is that when you record the child's name on the chanut, you can:

- Legally add further instructions, e.g. "No matter what the circumstances are the land/house cannot be sold, cannot be used as a security by others, etc etc., without permission of the court".

- Legally add that "The child does not gain full control until 25 years old" (25 just an example), rather than 15 years old as stated in the law.

Can any members give a specific answer to these points, please

Thanks.

I wonder how many "lost" chanotes are replaced every day.

[scorecard]

I still haven't got to the bottom of this but you just have to look around to see that the law means nothing if there is sufficient cash around. Look at that western guy who was murdered climbing the wall into his own property and it was all "case closed" by the BiB, no doubt well compensated for their time.

Say you put your house in your child's name and you die. Of course, you do not want your widow to blow the money and end up with your daughter living with grandma and having no real roof over her head but your widow might rather have 500k today than the 5m the house is worth. Those who can make that happen, irrespective of anything you set up before you died can all be bought off. And who is there to complain ? the child knows nothing and no-one else can say anything. No, if the mother decides she wants to cash in, she can and you are long dead and can do nothing. If it is to protect your children, inside Thailand is not the way to do it.

But my understanding is that when you record the child's name on the chanut, you can:

- Legally add further instructions, e.g. "No matter what the circumstances are the land/house cannot be sold, cannot be used as a security by others, etc etc., without permission of the court".

- Legally add that "The child does not gain full control until 25 years old" (25 just an example), rather than 15 years old as stated in the law.

Can any members give a specific answer to these points, please

Thanks.

I wonder how many "lost" chanotes are replaced every day.

Fair point, and:

1. - I would assume that there is a copy of the chanut at the land title office including the specific case by case instructions.

2. - It would of course, in any country, especially where children are involved, be very advisable to have some other parties (close friends, other farang family members, whatever) well infomed about the whole situation including full knowledge of your intent etc. (In my own case I have two other farang long-term close trusted friends well infomed about my intent, where my will and other documentation is located, my lawyers name, etc. Plus my Thai family know and are close to these people, know that they have copies of will/ documents etc., and know that they can go to the two farang mentioned without hesitation if needed, and I've deliberately made sure they are quite comfortable with this arrangement.)

Edited April 18, 2010 by scorecard

[kraxlhuber]

So without any intervention to the contrary, a wife, acting as legal representative, could cause the property to be sold, mortgaged or otherwise disposed of to the detriment of the child.

Hmm. This is getting interesting. Have a look at section 1574 of the civil code which seems to contradict what you have just stated (http://www.thailawonline.com/thailand/civil-code), but at the same time see section 1577 which seems to (sort of) support it ... it says that land can be given to a child as long as it is not managed by a person who is "exercising parental power".

At the same time I have been advised that in many cases the Lands dept people simply will not accept a child signing an agreement when it is clear the child is too young to understand what they are doing.

Can I ask anyone reading this, who has been through this process, to mention their experiences? In particular, how old was the child? what paperwork did you have to complete? the nature and value of the property? any other issues that were raised?

tried in vain the same route,to no avail.

have been told, that it is not possible for a child(or other person) who holds dual citizenship,to own land etc,unless as stated in a lease agreement,eg. 30 years lease.

Or as part of a inheritance,or as part of a registered company,then only up to 49 %.

I am not sure if that apply"s to your case