Land Problems With Titles And Ownership.

[BAYBOY]

Have just had a visit from a New Zealand friend and his Thai wife, her daughter from her first marriage (aged 22) and their son ( aged 6). My friend has been to Thailand many times on holiday and has a good feel for the place, it's people and it's customs.

Problem 1. The wife and her first husband some years ago looked after a spinster Aunt in her later years. For being kind they were given the opportunity to purchase Auntie's plot of land prior to her death. This was done and she and her first husbands names are on the land title deeds. Following the divorce, the first husband agreed to having his name taken off the title, and a letter from him saying so, is attached to the title in the local land office.

The wife now wants to have the land transferred to her 2 children for their future. The local land office say she can not as 1) the daughter has joint Thai/ New Zealand citizenship so she is unable to own land here.2) the son is only 6 years old and is to young to own land in Thailand. and 3) the wife must remove her name from the title now because she has joint Thai/ New Zealand citizenship, and her Thai I.D. card shows her married name, not her Thai maiden surname.

Should she remove her name, she would have to nominate her brother as the land owner which could create some problems further down the years.As it is freehold he then could borrow against it and possibly lose it and then the 2 children would also lose any claim to it.

Problem 2. The husband and wife have seen 2 commercial properties in Chaing Rai which again they would like to give to the 2 children as some thing for their futures. Again the same problems arise..... as in 1, 2, and 3, in problem 1. These 2 properties are worth some decent money and would give the 2 children a good stake here for their futures

My question is.. has any body on this forum had this trouble, is the land office correct in it's answers, and how to resolve the problems.

One does hear various stories about the true legal position of Thai land owners, here in Thailand, and it is so hard to get the true truth.

As an aside my friend has collected Buddhas for many years and has some knowledge of the types and their value. He bought 3 from a German collection and decided to give them to family here. On bringing them into Thailand, the Customs here wanted to take them off him and charge him import duty. The tariff they wanted to charge was very excessive so he declined and put them into bond and sent them back to New Zealand. So Thailand missed out on regaining some Buddhist artifacts. How stupid.

CHEERS

BAYBOY

[InterestedObserver]

1. Thais married to foreigners can own land in Thailand. Thai Supreme Court settled this in the late 1990s I think.

2. Daughter 22 is Thai therefore no problem owning land in her own name.

3. Minor Thai son can own land in his own name with court supervision.

4. Both children would need their original Thai birth certificates.

5. Wife should not remove her name from the title deeds.

6. The land office is mistaken/misinformed or working from outdated laws.

7. A good real estate lawyer should be consulted to interface with the land office.

Edited October 28, 2011 by InterestedObserver