Can A 5 Yr Old Kid Buy Land And Give A 30 Yr Lease To Father?

[Thunderbird4ever]

Anyone tried this and is it legally possible?

[Mario2008]

A child can have property, including land. As long as a child is a minor, the parents will be the custodians over the assets of the child. But they will need court approval if they want to do certain things, like renting or selling land that belongs to the child.

It might be possible to give land to a child with a usefruct already established on it. Can't help you there.

[InterestedObserver]

Encumbered property cannot be transferred to a minor. The lease, usufruct etc. must come afterward and with court approval.

Edited July 28, 2010 by InterestedObserver

[harrry]

I presume you want to ensure the child gets the land.

I am not sure but check whether in the event of your death etc or seperation the mother as person with custody would not control the property. while your child is a mior.

[InterestedObserver]

The court effectively controls the property of a minor, not the person exercising parental control. Section 1574 of the Civil and Commercial Code.

[Thunderbird4ever]

Minors can own land in Thailand but its the lease given by a minor to a parent which is interesting. I am talking about a land that would be bought without any usefruct on. Then shortly after a 30 yr lease would be made to the parent .

If land department would approve a lease like this its strange if no other foreigner did it this way as it would be one way to secure properties for your kids.

Anyone had success with this?

Maybe a lawyers view on this?

Edited July 28, 2010 by Thunderbird4ever

[ESB7]

This question continually comes up and normally for the same reason, the guy dosnt trust his wife!!! The only real thing to do in Thailand is have the land in your Thai wifes name, easy peasy. If you dont trust her enough then just rent. And if with a 5 year old kid, you must have been together at least 6 years, you dont trust your wife, then dont buy anything. If you want to make sure the kid has something in the event of your death, then set up a trust fund in your own country....

[Thunderbird4ever]

This question continually comes up and normally for the same reason, the guy dosnt trust his wife!!! The only real thing to do in Thailand is have the land in your Thai wifes name, easy peasy. If you dont trust her enough then just rent. And if with a 5 year old kid, you must have been together at least 6 years, you dont trust your wife, then dont buy anything. If you want to make sure the kid has something in the event of your death, then set up a trust fund in your own country....

What the heck has this to do with the question. I am asking about Thailand and properites not some trust fund abroad. Who said you would have to be togehter with your married ones for 6 years if the child is 5. If this is the only solution you can see in your brain and I think its kinda short. Could it be possible that one was together for 2 years, the child was 6 years but still married for the 7th year. For sure.

This thread really dont need answers, suggestions or whatsoever concerning a wife. It was never about buying land in a wife, loved one , gf or a married ones name.It was and is about buying land in a KID'S name with a dual citizenship from a thai mother and foreign father and then make a lease.. get it

Edited July 29, 2010 by Thunderbird4ever

[InterestedObserver]

Minors can own land in Thailand but its the lease given by a minor to a parent which is interesting. I am talking about a land that would be bought without any usefruct on. Then shortly after a 30 yr lease would be made to the parent .

If land department would approve a lease like this its strange if no other foreigner did it this way as it would be one way to secure properties for your kids.

Anyone had success with this?

Maybe a lawyers view on this?

Yes, with court approval, you can lease land from your landowner minor child. There are several posts on ThaiVisa affirming this point of Thai law. As with any lease greater than 3 years, it must be registered at the local land office.

[Thunderbird4ever]

The court effectively controls the property of a minor, not the person exercising parental control. Section 1574 of the Civil and Commercial Code.

Thats right but if a minor is allowed to make a lease to his father and I belive there would be little the courts could do during the lease period or as long as the lease taker is alive and breathing.

[Thunderbird4ever]

Minors can own land in Thailand but its the lease given by a minor to a parent which is interesting. I am talking about a land that would be bought without any usefruct on. Then shortly after a 30 yr lease would be made to the parent .

If land department would approve a lease like this its strange if no other foreigner did it this way as it would be one way to secure properties for your kids.

Anyone had success with this?

Maybe a lawyers view on this?

Yes, with court approval, you can lease land from your landowner minor child. There are several posts on ThaiVisa affirming this point of Thai law. As with any lease greater than 3 years, it must be registered at the local land office.

Ok thats good to hear as it give foreigners with thai kids from a Thai national a different option to use. In most cases and I guess the best would be a lease time period long enough so the child will be older than 20 years or a maximum lease of 30 years before it expires.

[ESB7]

This question continually comes up and normally for the same reason, the guy dosnt trust his wife!!! The only real thing to do in Thailand is have the land in your Thai wifes name, easy peasy. If you dont trust her enough then just rent. And if with a 5 year old kid, you must have been together at least 6 years, you dont trust your wife, then dont buy anything. If you want to make sure the kid has something in the event of your death, then set up a trust fund in your own country....

What the heck has this to do with the question. I am asking about Thailand and properites not some trust fund abroad. Who said you would have to be togehter with your married ones for 6 years if the child is 5. If this is the only solution you can see in your brain and I think its kinda short. Could it be possible that one was together for 2 years, the child was 6 years but still married for the 7th year. For sure.

This thread really dont need answers, suggestions or whatsoever concerning a wife. It was never about buying land in a wife, loved one , gf or a married ones name.It was and is about buying land in a KID'S name with a dual citizenship from a thai mother and foreign father and then make a lease.. get it

Apologies if I hit a raw nerve I didnt mean to offend.

Normally if a kid is 5, and then adding 9 months pregancy, a couple would therefor be together 6 years.

It is the usual scenario I mentioned that brings up this subject.

Apologies again

[donx]

Minors can own land in Thailand but its the lease given by a minor to a parent which is interesting. I am talking about a land that would be bought without any usefruct on. Then shortly after a 30 yr lease would be made to the parent .

If land department would approve a lease like this its strange if no other foreigner did it this way as it would be one way to secure properties for your kids.

Anyone had success with this?

Maybe a lawyers view on this?

Yes, with court approval, you can lease land from your landowner minor child. There are several posts on ThaiVisa affirming this point of Thai law. As with any lease greater than 3 years, it must be registered at the local land office.

Ok thats good to hear as it give foreigners with thai kids from a Thai national a different option to use. In most cases and I guess the best would be a lease time period long enough so the child will be older than 20 years or a maximum lease of 30 years before it expires.

Here are a few thoughts that come to my mind.

1. Will a court approve a 30 year lease? It needs to be "in the best interest of the child" for it to be approved.

2. With a lease, someone has to pay yearly tax on the lease amount. I believe this is supposed to be paid by the owner which would be the child.

3. So you buy the land in the child's name (with your money I presume). You still need to pay for the lease either up-front for the entire 30 years or every year thereafter. You effectively pay twice for the land. Again will a court allow you to lease for an amount well below current lease rates?

I'm not suggesting it isn't possible, I'm only suggesting that it appears complicated and depending upon the court may not be approved. You may not know this until after the land is already in the child's name with no other recourse. You wouldn't even be able to sell the land since that too requires court approval.

Tell us what your lawyer says since I'm sure you will need to discuss this with a lawyer before proceeding.

[InterestedObserver]

Don't like the financial implications of a lease, get a usufruct.