Can Single Foreign Dad Buy Land In The Name Of Thai Kids?

[earthpig]

My situation is a little different from recent posts on the subject of a foreigner buying land and a house in the name of children who are thai citizens.

The difference is that I am a single dad who shares legal custody with the kids' mother, despite the fact that she has abandoned them in my care and with whom i would obviously not wish to share control of the house as guardians of the children. The mother and I were never legally married, but I have gone thru the legitimization process and have a family court order recognizing that i am their father, as well as a birth certificate so stating.

My understanding is that in other cases discussed on TV, foreign fathers have successfully purchased land in the name of their children with a court order giving the guardianship of the property to the thai mother.

Bujt is it possible for me, as a foreign father, to get the court to name only myself as the guardian of the property on behalf of the children?

Any advice on this would be most appreciated.

[CWMcMurray]

From my understanding it should be posible, but then the land can not be sold without the courts permission. I do not know if the purchase will require your wifes involvment at all.

If possible I would advise not letting it be known to anyone as it sounds like the wife is not of the highest character and if she knows that the house is in the child's name, she may get interested in getting back primary custody really quick becuase if the house belongsz to the child then it stands to reason that who ever has primary custody will also "get the house".

Not sure about the above, but it is definately worth investigating.

[CWMcMurray]

It may be best to get the mother's rights terminated first and then buy the home in your children's name

[torrenova]

It may be best to get the mother's rights terminated first and then buy the home in your children's name

Yes, I would have thought it best to go down that path first and then to research into how she could go back to court and re-assert her lost rights. I personally think you may find that you cannot protect the assets from her should she wish to make a case, largely because you, as the foreigner, cannot ever own the land.

I do not know if a house and land could be mortgaged, backed against a deposit of a similar amount, as a credit card can be authorised, where you would lose some small interest each year.

Better to keep the kids' inheritance well away from her I think. Buy a condo, rent it out and use that money to rent a house.

[Mario2008]

The children would be owners, the parents only guardians and beleive they would require court aproval before they can sell property of the children.

In your case you legitimized the child, but it is not clear if you have custody over the child. Legitimizing a child does not automatically mean that you also share custody with the mother. Check if you also have shared custody or not.

[manjara]

If you bought in the kids name and then set up a lease contract, I would have thought you were safe from the mother being able to sell out from under you. They would have to wait until the lease was up, by which time the kids would be grown. Setting up the lease may require her signature though, on behalf of the kids, if she has joint custody.

I'm interested in how this gets resolved....

[phuketrichard]

I brought land and built a house and i also am a single dad, was told i can put it in her name but she needs a guardian who is thai untill she is 15 and has her id card.

So I left it in my thai friends name and after 7 years sold the house and land (April 2008)

AS long as you have the court paper saying your the SOLE parent , ( which you need when you make your kids passport as both parents need sign) nothing your ex can do.