Can A Thai-Farang Child Own Land In Thailand?

[thaisail]

On Thursday, I went to the land office in Phuket in order to clear up an issue. My wife is buying one rai of land in Loei and we both wanted to put that land in our daughter's name. We were told by the land office manager in Phuket that our daughter cannot own land in Thailand unless she gives up her US passport. I just want to throw this out there to everyone to see if someone knows the Thai law concerning land ownership for dual citizens. Here are the particulars of my case:

Our daughter was born in Phuket in June 2007 and is now three years old. I am a US citizen age 54 and my wife is Thai age 38. We were married in Loei in December 2006. We live in Phuket in a rented house and my wife has our daughter in her house book from the land lord where we rent in Chalong. The land my wife wants to buy is in Loei and she is there now doing the paper work while I take care of our daughter here in Phuket. She will go to the Ampur office in Loei province on Monday (tomorrow) and I was hoping for some advise so that she can know the Thai law concerning this situation. Just in case I did sign a document with the land office in Phuket saying that the money used to buy the land in Loei was earned by my wife before our marriage which is true! I am giving her permission to buy that land in her name alone with her own money to make sure that she can complete the land purchase. We can always change things later once we find out about the dual national issue.

[gregb]

We were told by the land office manager in Phuket that our daughter cannot own land in Thailand unless she gives up her US passport.

Fine. Put the passport in a drawer. It's gone. I got news for you. It is impossible for your daughter to renounce her US citizenship. It simply can not be done until she reaches the age of majority in the US. (Age 18). The Thai law recognizes this, and that is why children are not required to select a nationality until age 20. Your daughter is as much a Thai as the next person. The land office is violating the law with this policy. It was decided back in 1999 *ALL* Thais are allowed to own land. All of them. Your daughter is Thai. Sounds like you need to get a lawyer to me. If there is truly a policy like this, my reading says it is illegal.

[p_brownstone]

We were told by the land office manager in Phuket that our daughter cannot own land in Thailand unless she gives up her US passport.

that is why children are not required to select a nationality until age 20.

Not correct.

It depends solely on the rules of the child’s other Country of Nationality but Thailand has no problems whatsoever with Dual Nationality.

Dozens of Posts on this subject here – do a Search.

Under Thai Law, between the ages of 20 and 21 a child MAY choose to decide to renounce one Nationality but there is no requirement to do so, if the child does not choose then they keep both Nationalities. (Unless the child’s other Nationality forbids Dual Nationality of course - but USA and UK do not)

As far as land ownership is concerned your child is Thai - that's it, no question - however there may be recent changes in the Law concerning at what age a child may be entered as the owner on the Chanote but that will apply to children whose parents are both Thai, just as it does in your situation.

That said you will ertainly be required to sign a document testifying that the money used to buy the Land is your wifes; and you accept that you have no claim on it.

Oh, and no - you cannot "change things later", ever.

Patrick

Edited December 12, 2010 by p_brownstone

[geordie]

2 years ago i divorced my ex in Isaan. We had land transfered into my daughters name as part of the divorce agreement my daughter was 4 years old at the time.

I was never asked to give up her UK pasport, they used her finger print as a signature on the land title.

I think Phuket is wrong in what they are saying.

Geordie

[NanLaew]

Phuket has more chanotes than there is land! Any advice from the most corrupt of Thai land offices is to be avoided. They are also the ones that issued a scaremongering edict earlier this year about proxy land ownership. Having said that, I hope that the Loei land office recognize your letter that was issued and signed in Phuket. I can guarantee that the Phuket land office wouldn't accept same if it was issued and signed elsewhere.

As stated earlier, your child is Thai and having a farang parent and holding dual citizenship is not an impediment to ultimate land ownership. However, even a 100% Thai child cannot legally hold a chanote but I forget what the minimum age is. Geordie in post #4 cites an exceptional incident IMHO and the legality of it needs to be checked. Some lawyers will say anything.

Edited December 12, 2010 by NanLaew

[geordie]

Nanlaew,

i wrote a divorce agreement out with my wife incase the marraige broke down, well it did break down so we went to the Amphor with my lawyer and her lawyer and the divorce agreement. The Amphor would not give the divorce until we had transfered the said land into my daughters name, we went to the land office next door and the land was put into my daughters name.

My ex wife is the gaurdian over the land for my daughter until my duaghter is 18 years old, but she can do nothing with the land without first going to the child court for approval from them.

Geordie

Edited December 12, 2010 by geordie