jpinx Posted January 24, 2014 Share Posted January 24, 2014 A friend of mine, a Thai lady, wants to sell her house but she thinks she can not because her daughters name is on the deeds. Anyone have any experience of this situation? Link to comment Share on other sites More sharing options...
Sceptict11 Posted January 24, 2014 Share Posted January 24, 2014 So , the question has to be asked , is it the lady attempting to sell her house or a house which belongs to someone else ? Time for a Lawyer's opinion ? Link to comment Share on other sites More sharing options...
harrry Posted January 24, 2014 Share Posted January 24, 2014 If her daughter's name is on the deed and the daughter is aged less than 20 land can only be sold or borrowed on with the aproval of the court. I understand this is very rarely given. If the daughter is aged over 20 she must be the one to sell. 1 Link to comment Share on other sites More sharing options...
jpinx Posted January 24, 2014 Author Share Posted January 24, 2014 it's a simple case,she owns the house and lives in it with her daughter. When she bought the house she put her daughter's name on the deeds - I don't know why. Now the daughter is 14 and she has been told that she must go to court to get permission to sell the house. The fees she has been quoted are huge - hence the query here to see if anyone has similar experience and how they got around it. Link to comment Share on other sites More sharing options...
jpinx Posted January 24, 2014 Author Share Posted January 24, 2014 Thanks harrry .. I was afraid that this is the case, but I wait to hear if anyone knows a circumvention Link to comment Share on other sites More sharing options...
wym Posted January 24, 2014 Share Posted January 24, 2014 I would think if the money were needed for medical care or education of the owner the court might approve. At 14 they'd probably ask her what she thought. 2 Link to comment Share on other sites More sharing options...
apiwan Posted January 24, 2014 Share Posted January 24, 2014 One of the better laws in Thailand If she's the mother then she has to go to court and give very good reason for selling. If not you gotta wait 6 yrs till she's 20, And only daughter can sell, Sent from my iPad using Thaivisa Connect Thailand 1 Link to comment Share on other sites More sharing options...
beachproperty Posted January 24, 2014 Share Posted January 24, 2014 Circumvent the law?....just creates problems.... Better to keep looking for an attorney with more reasonable rates! 1 Link to comment Share on other sites More sharing options...
Thongkorn Posted January 24, 2014 Share Posted January 24, 2014 (edited) whose name is on the chanut. because they have complete power over the land , unless she has borrowed on it.Then the name of the borrower will be on the back and how much, this has to be done through the Amphuer. Edited January 24, 2014 by Thongkorn 1 Link to comment Share on other sites More sharing options...
JLCrab Posted January 24, 2014 Share Posted January 24, 2014 From Thai Civil Code: Section 1574. A person exercising parental power cannot enter into any of the following juristic acts with regard to the property of the minor except with permission of the Court; 1. selling, exchanging, sale with right of redemption, letting out property on hire-purchase, mortgaging, releasing mortgage to mortgagor or transferring the right of mortgage on immovable property or on mortgageable movable property; 2. - 13. follow 1 Link to comment Share on other sites More sharing options...
bobo42 Posted January 24, 2014 Share Posted January 24, 2014 (edited) My wife's parents used this legal status to protect themselves in the past, and my understanding is that it is not uncommon. My wife's father died when my wife was just a little kid and his family had never approved of his marriage. So of course, their first act of recourse upon his death was to attempt to evict their deceased relative's wife and daughters from their home. Luckily, having known about his own family before his death, he'd put his peice of the family land in his two daughters names. This basically made it impossible for any relatives to strong-arm the land away from MIL. After learning the status of the land, they had to just live with it, nobody could make a legal transfer without a judge's approval. Sister-in-law just recently turned old enough to finally dispose of the property some 15 years later. Edited January 24, 2014 by bobo42 2 Link to comment Share on other sites More sharing options...
harrry Posted January 25, 2014 Share Posted January 25, 2014 I would think if the money were needed for medical care or education of the owner the court might approve. At 14 they'd probably ask her what she thought. It would have to be very very extreme. The court is very very conservative with this. Link to comment Share on other sites More sharing options...
harrry Posted January 25, 2014 Share Posted January 25, 2014 it's a simple case,she owns the house and lives in it with her daughter. When she bought the house she put her daughter's name on the deeds - I don't know why. Now the daughter is 14 and she has been told that she must go to court to get permission to sell the house. The fees she has been quoted are huge - hence the query here to see if anyone has similar experience and how they got around it. No she does not own the house. Her daughter does. Link to comment Share on other sites More sharing options...
jpinx Posted January 25, 2014 Author Share Posted January 25, 2014 it's a simple case,she owns the house and lives in it with her daughter. When she bought the house she put her daughter's name on the deeds - I don't know why. Now the daughter is 14 and she has been told that she must go to court to get permission to sell the house. The fees she has been quoted are huge - hence the query here to see if anyone has similar experience and how they got around it. No she does not own the house. Her daughter does. Sorry if I was not clear -- Both the lady and her daughter have their names on the deeds/chanote. In the case of joint names, who can sell ? Link to comment Share on other sites More sharing options...
harrry Posted January 25, 2014 Share Posted January 25, 2014 it's a simple case,she owns the house and lives in it with her daughter. When she bought the house she put her daughter's name on the deeds - I don't know why. Now the daughter is 14 and she has been told that she must go to court to get permission to sell the house. The fees she has been quoted are huge - hence the query here to see if anyone has similar experience and how they got around it. No she does not own the house. Her daughter does. Sorry if I was not clear -- Both the lady and her daughter have their names on the deeds/chanote. In the case of joint names, who can sell ? Still have to have court approval. each has 50% Link to comment Share on other sites More sharing options...
jpinx Posted January 25, 2014 Author Share Posted January 25, 2014 (edited) it's a simple case,she owns the house and lives in it with her daughter. When she bought the house she put her daughter's name on the deeds - I don't know why. Now the daughter is 14 and she has been told that she must go to court to get permission to sell the house. The fees she has been quoted are huge - hence the query here to see if anyone has similar experience and how they got around it. No she does not own the house. Her daughter does. Sorry if I was not clear -- Both the lady and her daughter have their names on the deeds/chanote. In the case of joint names, who can sell ? Still have to have court approval. each has 50% Thanks -- that's what I thought too, but I am fishing for something like parental control over the childs assets -- if it exists. Thai law appears to be anything but black-and-white so maybe there are legal ways around this. Edited January 25, 2014 by jpinx Link to comment Share on other sites More sharing options...
Thongkorn Posted January 25, 2014 Share Posted January 25, 2014 Just take her to the Local Amphur and ask they will tell you how it can be done, or not Link to comment Share on other sites More sharing options...
FiftyTwo Posted January 25, 2014 Share Posted January 25, 2014 (edited) it's a simple case,she owns the house and lives in it with her daughter. When she bought the house she put her daughter's name on the deeds - I don't know why. Now the daughter is 14 and she has been told that she must go to court to get permission to sell the house. The fees she has been quoted are huge - hence the query here to see if anyone has similar experience and how they got around it. The court won't give her permission to sell, not a hope in hell. She must wait until the kid is 20, then it's the kid's decision. She is also totally prohibited from raising money against the property or any activity that will devalue the property. PS Why are you attempting to aid a woman stealing from her daughter? That really isn't cool. Edited January 25, 2014 by FiftyTwo 2 Link to comment Share on other sites More sharing options...
EyesWideOpen Posted January 25, 2014 Share Posted January 25, 2014 Would be interesting to know the full story of why the daughter's name is on the chanote. My understanding is that some farangs will put a house in the name of their daughter. Wonder if that is the case here. ..... Link to comment Share on other sites More sharing options...
jpinx Posted January 25, 2014 Author Share Posted January 25, 2014 it's a simple case,she owns the house and lives in it with her daughter. When she bought the house she put her daughter's name on the deeds - I don't know why. Now the daughter is 14 and she has been told that she must go to court to get permission to sell the house. The fees she has been quoted are huge - hence the query here to see if anyone has similar experience and how they got around it. The court won't give her permission to sell, not a hope in hell. She must wait until the kid is 20, then it's the kid's decision. She is also totally prohibited from raising money against the property or any activity that will devalue the property. PS Why are you attempting to aid a woman stealing from her daughter? That really isn't cool. your PS is totally inappropriate - given your total ignorance of the background to this situation -- even moreso since you have obviously not read the thread completely. Link to comment Share on other sites More sharing options...
jpinx Posted January 25, 2014 Author Share Posted January 25, 2014 Would be interesting to know the full story of why the daughter's name is on the chanote. My understanding is that some farangs will put a house in the name of their daughter. Wonder if that is the case here. ..... No -- there is absolutley no farang involvement here. This was a lady protecting herself from her own ruthless family, but now things have changed and some "unravelling" is needed. Link to comment Share on other sites More sharing options...
Thongkorn Posted January 25, 2014 Share Posted January 25, 2014 whoever name is on the chanote has complete power of sale, unless there has been some money borrowed on the land, that will be written on the back. The Amphur will assist you and tell you what you can do Link to comment Share on other sites More sharing options...
apiwan Posted January 26, 2014 Share Posted January 26, 2014 Thete can't be monies owed on the land/house because a minors name is on the deed. Might be just me. But I smell a rat here Sent from my GT-I9305 using Thaivisa Connect Thailand mobile app 1 Link to comment Share on other sites More sharing options...
FritsSikkink Posted January 26, 2014 Share Posted January 26, 2014 it's a simple case,she owns the house and lives in it with her daughter. When she bought the house she put her daughter's name on the deeds - I don't know why. Now the daughter is 14 and she has been told that she must go to court to get permission to sell the house. The fees she has been quoted are huge - hence the query here to see if anyone has similar experience and how they got around it. It is a simple case her name is not on the deeds so she doesn't own the house. Link to comment Share on other sites More sharing options...
belg Posted January 27, 2014 Share Posted January 27, 2014 and is that your problem, OP? or is that woman ur GF? Link to comment Share on other sites More sharing options...
jackinbkk Posted January 27, 2014 Share Posted January 27, 2014 Amazing how these things happen so often. Wanting to sell what's not yours. 1 Link to comment Share on other sites More sharing options...
FiftyTwo Posted January 27, 2014 Share Posted January 27, 2014 it's a simple case,she owns the house and lives in it with her daughter. When she bought the house she put her daughter's name on the deeds - I don't know why. Now the daughter is 14 and she has been told that she must go to court to get permission to sell the house. The fees she has been quoted are huge - hence the query here to see if anyone has similar experience and how they got around it. The court won't give her permission to sell, not a hope in hell. She must wait until the kid is 20, then it's the kid's decision. She is also totally prohibited from raising money against the property or any activity that will devalue the property. PS Why are you attempting to aid a woman stealing from her daughter? That really isn't cool. your PS is totally inappropriate - given your total ignorance of the background to this situation -- even moreso since you have obviously not read the thread completely. I'm sorry, but what you are attempting to do is just wrong, legally and morally wrong. 1 Link to comment Share on other sites More sharing options...
phka Posted January 27, 2014 Share Posted January 27, 2014 it's a simple case,she owns the house and lives in it with her daughter. When she bought the house she put her daughter's name on the deeds - I don't know why. Now the daughter is 14 and she has been told that she must go to court to get permission to sell the house. The fees she has been quoted are huge - hence the query here to see if anyone has similar experience and how they got around it. The court won't give her permission to sell, not a hope in hell. She must wait until the kid is 20, then it's the kid's decision. She is also totally prohibited from raising money against the property or any activity that will devalue the property. PS Why are you attempting to aid a woman stealing from her daughter? That really isn't cool. just curious would the child be prohibited from raising money against the property , such as renting it out, or borrowing money and using the house as security Link to comment Share on other sites More sharing options...
FiftyTwo Posted January 27, 2014 Share Posted January 27, 2014 it's a simple case,she owns the house and lives in it with her daughter. When she bought the house she put her daughter's name on the deeds - I don't know why. Now the daughter is 14 and she has been told that she must go to court to get permission to sell the house. The fees she has been quoted are huge - hence the query here to see if anyone has similar experience and how they got around it. The court won't give her permission to sell, not a hope in hell. She must wait until the kid is 20, then it's the kid's decision. She is also totally prohibited from raising money against the property or any activity that will devalue the property. PS Why are you attempting to aid a woman stealing from her daughter? That really isn't cool. just curious would the child be prohibited from raising money against the property , such as renting it out, or borrowing money and using the house as security Renting it out is OK. Leasing the property or borrowing against the property is not OK Link to comment Share on other sites More sharing options...
harrry Posted January 27, 2014 Share Posted January 27, 2014 it's a simple case,she owns the house and lives in it with her daughter. When she bought the house she put her daughter's name on the deeds - I don't know why. Now the daughter is 14 and she has been told that she must go to court to get permission to sell the house. The fees she has been quoted are huge - hence the query here to see if anyone has similar experience and how they got around it. The court won't give her permission to sell, not a hope in hell. She must wait until the kid is 20, then it's the kid's decision. She is also totally prohibited from raising money against the property or any activity that will devalue the property. PS Why are you attempting to aid a woman stealing from her daughter? That really isn't cool. just curious would the child be prohibited from raising money against the property , such as renting it out, or borrowing money and using the house as security It can be rented on short term leases, it can be farmed but leases over 3 years need registration and thus are banned. The house cannot be used as any form of security. In some cases changing the nature of the ground could be prohibited. I had thought the court would grant loans for education as allowed but apparently they are very reluctant to do this. Link to comment Share on other sites More sharing options...
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