Buying A House (With Chanote) In My 5Yr Old Son'S Name

[GooEng]

hi folks,

i've had a read thru the other threads on this issue and although i think i get the picture thru similar cases described if anyone who can provide a clear answer to my specific question - possibly related to their own experience - i'd be very grateful.

i've found a house i am interested in buying that has it's own chanote title deed.

can i buy this house and have the chanote title made out in the name of my 5 year old thai/farang son?

the mum and i were not married when he was born but i am registered on all the birth papers etc as his father and he has my surname and we did marry shortly after his birth.

his mother and i are separated but not divorced and are informally sharing custody of both our kids - a set up that is unlikely to change.

[Forkinhades]

I believe the person in question needs to 21.

[ludditeman]

Depends on your local land office.

There is no rule to say it can't be done, but if your land office allow it, you will never be able to sell the land.

Also the land must be purchased outright, no loans.

I'm thinking of buying my 2 month old son a house. In my area the land office say 'no problem'.

[aussiebebe]

While I personally can't imagining anything worse than living in a house owned by my son, the best advice I could give, from one stranger to another on this anonymous forum, is to find a local lawyer near the property you wish to purchase. I know you've read through other similar threads, but legal issues can easily arise on a local level so the legal opinions and advice from well-meaning others may be unsuitable.

Good luck.

[Forkinhades]

While I personally can't imagining anything worse than living in a house owned by my son, the best advice I could give, from one stranger to another on this anonymous forum, is to find a local lawyer near the property you wish to purchase. I know you've read through other similar threads, but legal issues can easily arise on a local level so the legal opinions and advice from well-meaning others may be unsuitable.

Good luck.

Indeed, I will echo that

Also I tried to buy property for someone who was under 21, and my lawyer said it was not possible!, but things change very quickly here in LOS. Ask a couple of lawyers mate.

[GooEng]

thx all - appreciated.

[chiangmaibruce]

The law says yes. Your local land dept officer might say anything. You need to ask them before committing to anything.

Be aware that there are potential downsides to going this route (of land ownership) - whether or not these will be significant issues for you will depend on your personal goals and circumstances. Most of these issues were touched on in the prior thaivisa threads you would have come across. One, mentioned here already, is that the land cannot be sold until the child reaches 20 years of age unless a court authorises otherwise based on their assessment of the best interests of the child.

[GooEng]

bruce - thx for your post - useful info.

Edited December 19, 2011 by GooEng

[MikeyIdea]

Hang on here

Yes, your son is Thai and his right to own land will not be questioned by the land department. Ownership is no problem

If you registered the marriage at the amphur, then you legally have shared custody which means that both mother and father must sign the agreement at the land department. Make very sure that you also sign...

It is not possible to give a debt to a minor so land must be totally without loans. What you need is a Nor Sor 4 jaa chanote

Land owned by a minor is under court supervision, that means that you will not be able to sell the land unless both mother and father agree AND Juvenile court deem it is good for the child. You will also not be able to take out leasing longer that 3 years or borrow money on the property

My daughter owns my house and I am very happy with that arrangement, I can't sell easily but neither can anyone else the next 14 years, exactly what I want. My daughter was 3 years old when the transfer was made so land department used her fingerprint as signature, then all guardians need to sign too of course so I am the first person signed in as "pu^u suu", the mother the second one on the purchasing agreement

Another good thing is that YOU can be chau baan (master of the house hold). You can request a Tor Ror 13 (that's the yellow house registration book, the blue book is Tor Ror 14) and Chau baan can be in the yellow book

I have done the above in Bangkok, very doable

Edited December 20, 2011 by MikeyIdea

[chiangmaibruce]

Mikey thanks for adding further specific details but I would caution the OP regarding your blanket statement (below) based on your experience in BKK ... fear it could be setting him up for possible disappointment

... his right to own land will not be questioned by the land department. Ownership is no problem <snip> very doable

It's great you had a smooth run, but I am aware of many instances of foreigners in regional areas being told (by Land Dept staff) that:

* minors cannot own land

* minors can own land but they must be old enough to sign their name

* minors can own land but must be 10 (or 15 or some other randomly chosen age)

* etc

[MikeyIdea]

Mikey thanks for adding further specific details but I would caution the OP regarding your blanket statement (below) based on your experience in BKK ... fear it could be setting him up for possible disappointment

... his right to own land will not be questioned by the land department. Ownership is no problem <snip> very doable

It's great you had a smooth run, but I am aware of many instances of foreigners in regional areas being told (by Land Dept staff) that:

* minors cannot own land

* minors can own land but they must be old enough to sign their name

* minors can own land but must be 10 (or 15 or some other randomly chosen age)

* etc

Yes, that happens but why? Land department officers are afraid of making mistakes. Approach them the right way and it is easier. Start with how to arrange / confirming that the chanote is of the right type (that can be transferred to children = no loans or obligations), then ok, so this can be transferred to a minor... then last, Thai child with dual nationality. Nearly all officers at the land department have law degrees (unlike Amphur) so clearing legal areas until there's only one left makes it easier for them

It's easy to not wanting to clear all difficult issues for a foreigner, it's more difficult not to help a Thai mother coming with her Thai lawyer. The Thai mother should want this, the father stays outside / in the background until it's time to sign.

I know of dual nationality children owning land in Buriram and Udon and Bangkok, should be many more places although could be places where they say blank no too,'they are few so I'd just go somewhere else if I found one

[Mario2008]

Minors can own land, as Mikeyidea says the mistake is with the land office and legally challenged they will back down.

A common way for a minor to acquire property is for instance by inheritence, planes, trains, automobiles and land are no problem.