Getting House In Kids' Names

[Johnniey]

If my wife has a morgage on a house, can she transfer the ownership to my kids? Would they have to be 20?

Can one change the name on the house ownership to ANYONE, if the house is still being paid for?

Could we draw up some kind of legal document stating that she must sign over the house after the 25 year morgage has been paid in full?

[jingjoe8]

A child isn't allowed to have debt,so the house would have to be debt free.Also although thai law allows a child under the age of 20 to own property,as i found out all districts are different and at the end of the day if they don't approve it,its pretty impossible to get it over ruled.I tried to put a property into my sons name in prachuab kirikhan( hua hin) but he is under 20 and could not

[Rancid]

Put a house in my daughters name in CM, used a lawyer and no problem, she was 8 at the time, however it was paid in cash so no finance associated.

[PattayaPhom]

A child isn't allowed to have debt,so the house would have to be debt free.Also although thai law allows a child under the age of 20 to own property,as i found out all districts are different and at the end of the day if they don't approve it,its pretty impossible to get it over ruled.I tried to put a property into my sons name in prachuab kirikhan( hua hin) but he is under 20 and could not

Some offices will not allow a property to be placed in a minors name from direct purchase if a foreigner is involved.. They will insist the property is purchased in Thai parent name then gifted to child. This will be done same time at land office and incurs and extra nominal fee. You may wish to enquire at Hua Hin again.

[EarthAlien]

I have heard of this being done but I doubt the value and validity of such practice in circumstances where the child is or becomes the custodial responsibility of either the Thai mother/father or grandparent or relative as that then would give them access to use the asset "in the best interest of the child" which of course could mean taking out a loan upon or selling the property which could then be applied as the custodial parent saw fit.

I'm not a lawyer and of course Thai law is unlike any other in the world so I wouldn't know whether you could set up a family trust and make the property an asset of the trust and the child(ren) the sole beneficiaries of that Trust. It would be worth investigating.

On the other hand if you can get sole legal custody of your Thai child then it would be a different story as nobody else can then interfere!

[Rancid]

I have sole custody of my children, so no family will be sniffing around. I used a lawyer, there was some resistance but it went through.

[expatman]

I have heard of this being done but I doubt the value and validity of such practice in circumstances where the child is or becomes the custodial responsibility of either the Thai mother/father or grandparent or relative as that then would give them access to use the asset "in the best interest of the child" which of course could mean taking out a loan upon or selling the property which could then be applied as the custodial parent saw fit.

I'm not a lawyer and of course Thai law is unlike any other in the world so I wouldn't know whether you could set up a family trust and make the property an asset of the trust and the child(ren) the sole beneficiaries of that Trust. It would be worth investigating.

On the other hand if you can get sole legal custody of your Thai child then it would be a different story as nobody else can then interfere!

1. If property is owned by a child it cannot be mortgaged except with permission of the Family Court who decides whether it is in the child's best interest.

2. In Thai law there is no such thing as a trust.