I recently became Father - can I buy Land on the Name of my Child?

[MaaTini]

I recently became Father of a lovely Child and my Name as the Father is in the Birth Certificate stated

Can I buy Land on the Name of my Child?

If so - what I have to be carefull about?

[Salapoo]

Not as such.

It will have to be in an adult Thai's name, as a guardian, until the child turns 18 or 20. Forget which.

A Thai cannot own land until they are that age. Upon their 18th or 20th birthday I believe it will be legally transferred to their name.

I'm also interested in it, some body who knows more specifics will be along soon.

How much control the Thai guardian has, if it can be sold, built on, the child's name removed etc etc I'm not sure. But have heard a few stories of documents being faked/bent officials accepting money for altering documents etc etc that give the guardian full ownership. I think them stealing the land can only be done through this sort of criminal activity, but be warned, I'm sure morals mightn't get in the way of a local cheating their way into ownership of a nice plot with house.

I don't know the process of transferal upon the child coming of age. Does it happen automatically or do they both have to go to the office and sign it over? What happens if the Thai guardian dies before hand?

Edited August 5, 2013 by Salapoo

[ThaidDown]

Land can be gifted to a Thai minor child of any age.

However, the land is then effectively under the control of that Thai courts until the child reaches the age of 20.

The child cannot sell the land, borrow money with it as collateral, enter into and lease or usufruct agreements or have any lien placed upon the land without the courts permission, until the child reaches the age of 20. These permissions are rarely if ever given.

Of course, this being Thailand local Land Department Officials may have their own rules as to what they will do.

If considering any lease or usufruct agreements then these must be in place before gifting the land.

On a different point,op does not indicate if he is married to the mother of the child, if not then you are not automatically the legal father (even though your name is on the birth certificate)

[MaaTini]

Land can be gifted to a Thai minor child of any age.

However, the land is then effectively under the control of that Thai courts until the child reaches the age of 20.

The child cannot sell the land, borrow money with it as collateral, enter into and lease or usufruct agreements or have any lien placed upon the land without the courts permission, until the child reaches the age of 20. These permissions are rarely if ever given.

Of course, this being Thailand local Land Department Officials may have their own rules as to what they will do.

If considering any lease or usufruct agreements then these must be in place before gifting the land.

On a different point,op does not indicate if he is married to the mother of the child, if not then you are not automatically the legal father (even though your name is on the birth certificate)

Thank you very much for your great Input to my Thread, very intersting, indeed

No - I am not married to the Mother of my Child

Now - after reading your Words about being the legal Father of a Thai Baby - how could I become the legal Father?

Edited August 5, 2013 by SeaVisionBurma
fixed up quotes

[ThaidDown]

Ref being the legal father...You will need to get a court ruling, but if you and the mother are in agreement then do not believe it is too difficult.

Have seen this topic before on Thaivisa so a search may help, or open a new topic to get advice from a member who has done this already.

If the child was aged 7 or more you could both go to the Amphur and sort it out there, but in your case the child is too young to understand so will have to be via court.

.Edit.. This link may be of help. http://www.thaivisa.com/forum/topic/381917-how-to-gain-parental-rights-as-a-father/

Edited August 5, 2013 by ThaidDown

[MaaTini]

Again - thank you very much for your Help

now it clears some of the Circumstances

in this Post, there is mentioned, that some Amphurs are accepting "as Young as 3 Years old" -

Taking a respected local Person with you might increase your Chance on Registration at an early Age....

That would be a Way to go for and to try it

The elected "Village Major" will probably be the best Choice to take with to the Amphur

Worth a Try - even if it is NOT according to the Law?

[khunPer]

I bought land for my baby doughter in her name (some seven years ago). She cannot dispose of it, before she is 20 yo. Thai mum is the guardian, so cannot tell you, if a an alien father can be guardian. Your name as father on the birth certificate, do not mean you legally is the father, you may need to get it certifed at the amphor (or like, Mario2008 can inform correctly).
A minor child can also be legal shareholder in a Thai limited company.

[MaaTini]

my Child beinglegal Shareholder of my Thai Company?

interesting Aspect..

Well - from the Thread of Mario2008, one Thaivisa Member states, the Legalisation of my Fathership could be done that easy:

go with the Mother and the Baby to the Family Court of your Province, provide Copy of your Passport, the Birth Certificate and

the ID Card of the Mother - pay for Stamps around 600 Baht and return in 1 Month for picking up the Legalisation Document

This seems very Logical to me

[SeaVisionBurma]

Topic titled edited for small typo - and a nonsense post has been removed.

[jaidee]

As non married father you can have your child's name on the property document. No problem.

However, the Thai mother, as the legal guardian,can do with the property whatever she wants till the child reach adult age.

If you do not want this scenerio, then, you go to a layer making a ..20/30 year lease agreement with your child. Deposit this lease agreement in court. The judge will act for the child, and agree on your lease. Making sure the mother cannot sell the property. You will have to pay (minimal) taxes for the lease period.

Bottom line, you need a lawyer and you need to pay (minimal) taxes.

I went through this process in same circumstances.

[AnotherOneAmerican]

So far all the answers have been wrong.

A Thai can own land 'free and clear of debt' from any age.

The management of the property will be done by one of the child's parents until age 20 (but cannot be sold and can not leased for a period longer than 3 years). The parent to manage (and effectively control) the property is decided by mutual consent of both parents at the time of 'gifting' and can not normally be changed unless the managing parent dies. Nationality of managing parent not considered relevant, foreigner can do. Theoretically the land could be sold with permission of a Thai court, but a Thai court effectively won't give their permission to sell.

Your problem.

Under Thai law you are not considered this child's parent (and will not be able to formalize your parentage of the child until the child is at least 5 years old as both mother and child are required to state you are the father at the Amphur office) and therefore the mother is automatically manager of the property. So she can tell you to move out and not return, at any time.

Your solution.

Marry the mother, then as one of the child's legal parents you can control the property and who lives in/on it.

Edited August 5, 2013 by AnotherOneAmerican

[MaaTini]

Thank you very much for this very interesting Contribution to myThread

I see, there are so many Things to consider - even a Marriage, to get control - but this is fair enough

Lets consider your suggested "plan":

I have a Child - I marry the Mother - what else could stop me to stay in control on any purchase of Land in Thailand or other related Subjects ?

we have gone far already - much appreciated

but I still waging my possible Actions in a Kind of return - what I can "win" - or never win ?

Edited August 5, 2013 by MaaTini

[Bof]

So far all the answers have been wrong.

A Thai can own land 'free and clear of debt' from any age.

The management of the property will be done by one of the child's parents until age 20 (but cannot be sold and can not leased for a period longer than 3 years). The parent to manage (and effectively control) the property is decided by mutual consent of both parents at the time of 'gifting' and can not normally be changed unless the managing parent dies. Nationality of managing parent not considered relevant, foreigner can do. Theoretically the land could be sold with permission of a Thai court, but a Thai court effectively won't give their permission to sell.

Your problem.

Under Thai law you are not considered this child's parent (and will not be able to formalize your parentage of the child until the child is at least 5 years old as both mother and child are required to state you are the father at the Amphur office) and therefore the mother is automatically manager of the property. So she can tell you to move out and not return, at any time.

Your solution.

Marry the mother, then as one of the child's legal parents you can control the property and who lives in/on it.

There is a basic contradiction between the 2nd and the third sentence of your post, don't you dig it ?

[Salapoo]

A minor child can also be legal shareholder in a Thai limited company.

Interesting.

Of 51%, with the other 49% her non-Thai parent?

Edited August 5, 2013 by Salapoo

[nontabury]

So far all the answers have been wrong

Your problem.

Under Thai law you are not considered this child's parent (and will not be able to formalize your parentage of the child until the child is at least 5 years old as both mother and child are required to state you are the father at the Amphur office) and therefore the mother is automatically manager of the property. So she can tell you to move out and not return, at any time.

Your solution.

Marry the mother, then as one of the child's legal parents you can control the property and who lives in/on it.

Sorry! You are wrong, if BOTH parents agree, they can go to the children's court and the father will be legally accepted as the father, nothing to do with the child's age, in fact it can be done even when the child is only a few weeks old.

[BuriramRes]

Thank you very much for this very interesting Contribution to myThread

I see, there are so many Things to consider - even a Marriage, to get control - but this is fair enough

Lets consider your suggested "plan":

I have a Child - I marry the Mother - what else could stop me to stay in control on any purchase of Land in Thailand or other related Subjects ?

we have gone far already - much appreciated

but I still waging my possible Actions in a Kind of return - what I can "win" - or never win ?

You can possibly adopt the child. I have done this, not intentionally, when my step-daughter wanted to take my surname.

It was put to me as giving permission to use my surname as she was pissed off with certain family members.

I do not know whether I had to be married to her mother, or not.

Edited August 6, 2013 by BuriramRes

[Krataiboy]

Sorry! You are wrong, if BOTH parents agree, they can go to the children's court and the father will be legally accepted as the father, nothing to do with the child's age, in fact it can be done even when the child is only a few weeks old.

News to me - and good news. Can you give the source of this interesting information, please.

[BuriramRes]

Sorry! You are wrong, if BOTH parents agree, they can go to the children's court and the father will be legally accepted as the father, nothing to do with the child's age, in fact it can be done even when the child is only a few weeks old.

News to me - and good news. Can you give the source of this interesting information, please.

Surely the child would have to be old enough to have an ID card?

[nontabury]

Sorry! You are wrong, if BOTH parents agree, they can go to the children's court and the father will be legally accepted as the father, nothing to do with the child's age, in fact it can be done even when the child is only a few weeks old.

News to me - and good news. Can you give the source of this interesting information, please.

Went through this process myself, contact Issarn Lawyers Tel 0872251340 in Korrat , they know everything on this subject.

[nontabury]

Sorry! You are wrong, if BOTH parents agree, they can go to the children's court and the father will be legally accepted as the father, nothing to do with the child's age, in fact it can be done even when the child is only a few weeks old.

News to me - and good news. Can you give the source of this interesting information, please.

Surely the child would have to be old enough to have an ID card?

ID card is not needed( age approx 7yrs before ID cards are issued) what is needed is the birth certificate and most important the consent of both parents.If one parent does not consent it becomes slightly more complicated, but again can be relatively easy,the process may take an extra couple of months.

[khunPer]

A minor child can also be legal shareholder in a Thai limited company.

Interesting.

Of 51%, with the other 49% her non-Thai parent?

You need minimum three shareholders in a limited company – fx 49% to non-Thai parent, 49-50% to child, 1-2% to another Thai. On top, you can have prefereed shares with for example 10 votes, whilst ordinary shares have one vote only – like the Scandinavian type A and B shares – and the non-Thai parent owns the preferred shares.

[LuckyLew]

If you marry the babies mom, you will then become the babies legal father

[safetynet]

Hi All,

I have a Limited company that has been genuinely trading for 10+ yrs..... I have 2 daughters aged 6 & 8.......They both have Thai & UK Passports... I am not married to they're mother... I am thinking of buying some land in the companies name and then gradually building a house & work place etc etc on it....

What i would like to do eventually is give the the land and house to the children as a gift through the company with out having to pay any taxes etc etc....I have been told many years ago that this was possible....

can anyone let me know if this idea is a goer and if not why ?? (The Ltd Company is 49% in my name, 17% for each of my girls and 17% of a trusted thai national) Myself and the mother do not live together and i take care of them 5 days a week and she has them weekends....

any info will be welcomed with open ears !!

many thanks in advance, Safetynet

[khunPer]

Hard to believe that can be done through a company without tax – but very interesting, if possible.

[hedo]

I was just informed that a Bank Certificate is now required for the Thai shareholders which proves they have sufficient funds to own the shares.

"Bank Certificate" is a document issued by bank to the individual as a guarantee that he/she has a good financial status. one can request from the bank that he/she has an account. The authority requires this to prevent/reduce nominees cases. It is REQUIRED that the document must show the his/her available amount of money to be consistent with the amount invested by each Thai shareholder too.

Would be dificult to open a bank account for small children I think!

[icare999]

yes but it might need thai wife to sign. Our minor children own property in their name but it can't be sold until they reach 20. However unlike UK their are no trust laws and it seems any income from such property can bee used by child's parents

[machans88]

So far all the answers have been wrong.

A Thai can own land 'free and clear of debt' from any age.

The management of the property will be done by one of the child's parents until age 20 (but cannot be sold and can not leased for a period longer than 3 years). The parent to manage (and effectively control) the property is decided by mutual consent of both parents at the time of 'gifting' and can not normally be changed unless the managing parent dies. Nationality of managing parent not considered relevant, foreigner can do. Theoretically the land could be sold with permission of a Thai court, but a Thai court effectively won't give their permission to sell.

Your problem.

Under Thai law you are not considered this child's parent (and will not be able to formalize your parentage of the child until the child is at least 5 years old as both mother and child are required to state you are the father at the Amphur office) and therefore the mother is automatically manager of the property. So she can tell you to move out and not return, at any time.

Your solution.

Marry the mother, then as one of the child's legal parents you can control the property and who lives in/on it.

The problem with thailand is there are laws,but not every province will abide by them,i tried to put property in my sons(thai) name, i was divorced from mother, in prachuap kiri khan and wasnt allowed,the lawyer even pointed out the law,and they said sorry, son too young(2yo) to own property..and that was that