Buy A House In Name Of My Son

[miminem]

My son is eight month old.He is both thai and french.

I would like to know if I can buy a house with land in thailand in his name.

If anybody has any clues on this, I would be greatly interested.

[paulfr]

If he is not a Thai citizen, I do not think so, but not totally sure.

An American cannot own land, doubt French can.

If he is Thai with an ID card, maybe ....

Others will post more here soon I am sure

[miminem]

If he is not a Thai citizen, I do not think so, but not totally sure.

An American cannot own land, doubt French can.

If he is Thai with an ID card, maybe ....

Others will post more here soon I am sure

<{POST_SNAPBACK}>

He has a thai passport and also a french passport.

SO he would be at least thai.

[Sumitr Man]

yes, you can. However, as he is under the age of 20, his mother will likely be appointed his guardian - which means she'll be able to do anything she wants with the property, provided that such is seen to be in the best interests of her son.

Note - the wording is seen to be acting, not proven to be acting in the best interests.

SM

Edited May 29, 2005 by Sumitr Man

[paulfr]

You said he is Thai and French.

I assume you mean one parent is a French citizen and the other a Thai citizen.

That would certainly say that the child (of a Thai citizen) is a recognized Thai citizen so I would say YES he can with the proviso mentioned by SumitrMan (assuming it does not matter where the child was born as is the case in the US).

[miminem]

You said he is Thai and French.

I assume you mean one parent is a French citizen and the other a Thai citizen.

That would certainly say that the child (of a Thai citizen) is a recognized Thai citizen so I would say YES he can with the proviso mentioned by SumitrMan (assuming it does not matter where the child was born as is the case in the US).

<{POST_SNAPBACK}>

If so, there is still a risk for the next 20 years if anything goes wrong....

[Sumitr Man]

Not necessarily. You need to speak with a Thai lawyer about the rules governing Guardianship. Basically these are contained within Book V: Family: Title II: Parent and Child: Chapter III: Guardianship (Sections 1585 -1598/18, inclusive) of the Civil and Commercial Code.

In particular, under Section 1587 of the CCC, anyone can be appointed a Guardian provided they are not:

- incompetent;

- quasi incompetent;

- bankrupt;

- unfit to take charge of the child or property of the child;

- have a lawsuit out against the child over whom guardianship is being sought;

- person excluded by name.

Moreover, as the father of the child you may well be able to claim Parental control rights over the child.

So, in short, ask your lawyer whether or not a document signed by your wife to the effect that you are the named Guardian of your son and his assets will be enforceable.

Nonetheless, failing any written agreement, it is likely your wife will be regarded as the lawful Guardian.

SM

Edited May 30, 2005 by Sumitr Man

[TheAceFace]

Sumitr Man is correct, I went through the same scenario. No one will touch it unless he is 20+

It's a real ball ache.

[thaibites0]

not

[thaibites0]

Sorry about that!

Not sure how you'll react to pulling this thread up from the depths but-

My son and my daughter inherited parcels of land upon the death of my wife and mother in law was on the title deeds as guardian until they attained 20 years, when changing the title deeds to the childrens names the only ones we could change were the ones my wife had before we married and her name changed to a falang name.

As so many couples do after marriage we bought land in other family member names and the local land office refused to change them into the childrens names because the children had falang surnames.

My son has had the title deeds changed to purely his name now (22 years old now) and has recently inherited more land after the death of father in law and as the 100 day process is now over he's being allowed to change the title deeds to his falang name.

Seems a drastic step but in my experience even your wife would not be allowed to buy land once you've married. This might have changed recently but certainly used to be the case.

[mrbojangles]

Sorry about that!

Seems a drastic step but in my experience even your wife would not be allowed to buy land once you've married. This might have changed recently but certainly used to be the case.

This is scary. My wife has just had her name changed to my (Farang) name and we want to buy land. Can anyone clarify this?

Mr BoJ

[mbkudu]

Sorry about that!

Seems a drastic step but in my experience even your wife would not be allowed to buy land once you've married. This might have changed recently but certainly used to be the case.

This is scary. My wife has just had her name changed to my (Farang) name and we want to buy land. Can anyone clarify this?

Mr BoJ

It is not a problem now. My wife has my last name and bought land about a year ago without a problem. In the past it was forbidden for a thai woman married to a foreigner to buy land; no longer the case.

[mrbojangles]

Sorry about that!

Seems a drastic step but in my experience even your wife would not be allowed to buy land once you've married. This might have changed recently but certainly used to be the case.

This is scary. My wife has just had her name changed to my (Farang) name and we want to buy land. Can anyone clarify this?

Mr BoJ

It is not a problem now. My wife has my last name and bought land about a year ago without a problem. In the past it was forbidden for a thai woman married to a foreigner to buy land; no longer the case.

Thanks for the clarification mbkudu

Mr BoJ