Can My Kid's Own The Title / Property Now?

[jonjcuk]

Hi

My wife & I have unfortunately reached the point in our 10 year marriage of most probably needing to divorce.

My wife is likely to want to disappear back "upcountry" which is fine, and I would keep custody over our 4 and 8 year old children living in Bangkok. Can anyone advise whether legally my wife can transfer title / ownership of the house into our children's name, with me to be the executor as a farang?

If not, do you think it would be possible to name a lawyer / independent person as executor until my children reach the age of 18?

I obviously know I cannot own the land / property, which is fine, but I need to ensure that my kids will always have a house to grow up in, and that I will have somewhere to live to raise my kids!

Finally, if the above is possible, would my children (asuming they hold the title to teh property) legally be able to transfer the deed assuming we wanted to sell the house and purchase a new / different property in the future?

[rfukata]

first, I am sorry to hear of your situation with wife & children.

like you I am a foreigner with 2 small children and I have asked the same question (of real-estate property ownership) to my wife in the event I ever die or we divorce. (as I much rather have the property titled to my kids then my wife & inlaws)

what I did first (prior) to closing on a multiple housing development I had bought & built was to add my name in a supplementary document in conjunction to closing documents under my wife's name. (my document basically stated that I have paid in full for the

land and houses) this was suggested by the local land office official.

further to this subject, my wife has asked our title closing agent about the title transfer to our children. what was recommended is to

have a supplementary document stating your wish - 'statement of transfer' to your children added to the original documents. I think (pls seek lawyer) that the Thai law states ownership of land title at age 20.

I wish you luck & if you find something different, please let us all know.

goodluck

[MikeyIdea]

There are 2 things here;

1) ownership of the house (you write). The house ownership is not important, it is the land ownership that is (chanoote ti dinn). Your wife can easily transfer ownership of the land to one of the children, don't know if it can be both though. My daughter owns a small lot of land in Suttisarn and I am "puu suu". Confirm: can be done.

2) With me to be the executor as farang ? Don't understand what you mean. Regarding who is executor, if the owner of the land is a minor, then the land cannot be sold or taken away from the minor until juvenile court agrees that it is in the best interest of the child. Who is guardian of the child that will own the land? That is normally the mother only in Thailand. Unless you have: registered the marriage with the mother or you were the one registering the birth. OR by later getting a certificate of fathership (that makes you a father but doesn't give you any custody what-so-ever) according to law – and – getting a custody agreement arranged. The latter can be done by juvenile court or unconfirmed information, simply by you and the mother signing a custody agreement that then must be registered. I am not sure about the process to register the custody agreement

Who has custody of the child?

Or do you mean master of the house hold in tabien baan? That one means almost nothing

Edited November 12, 2009 by MikeyIdea

[InterestedObserver]

If by house do you mean land on which the house stands? The short answer is then yes your wife can transfer the Chanote (land title) to the children (one or both?). The 'executor' would be the Court. The Court looks after the best interests of the minor children and has to approve any sale/transfer of the property. You need a good lawyer.

Edited November 12, 2009 by InterestedObserver

[InterestedObserver]

what I did first (prior) to closing on a multiple housing development I had bought & built was to add my name in a supplementary document in conjunction to closing documents under my wife's name. (my document basically stated that I have paid in full for the land and houses) this was suggested by the local land office official.

That is contrary to all that has been posted in TV about nominee land ownership. The government document signed by the husband at the land office should have stated that the money for the land purchase belongs entirely to the wife, is Sin Suan Tua, and that the husband has no claim on the land. Anything else would be illegal under Thai law.