Minimum Age That Thai Can Own Land

[15Peter20]

Hi

I was planning to buy a house and put it in my daughter's name. She is 18 and a Thai citizen. Can she have her name as the sole owner on the Chanote?

When talking to a condo saleswoman today, I mentioned I may buy a house and put it in my daughter's name and she told me that the minimum age a Thai can own property is 20. Was she just trying to put me off buying a house or is this true?

Cheers

15P

Edited February 4, 2014 by 15Peter20

[Torrens54]

Be interested in the outcome.

I want to do something similar but daughter is only 13. I had heard that the age is 15 to have a house in her name.

[JesseFrank]

There is no minimum age a Thai can own property, although until the age of 20 (18?) it can not be sold or other important financial decisions made on without a court approval.

Edited February 4, 2014 by JesseFrank

[Maseratimartin]

There is no restriction...the land can be put on the kids name! (Confirmed by my lawyer in LOS)

As I know this is different with the house book...there should be a minimum age.

[Mario2008]

A minor can hold land and property just as any other Thai.

In Thailand the age of majority is reached at 20, so untill than the land will be under the protection of the court. Meaning that until she becomes of age the judge need to aprove things as selling the land.

Of course as the land is hers it can not be used for a loan or mortgage for yourself.

[ExpatOilWorker]

A minor can hold land and property just as any other Thai.

In Thailand the age of majority is reached at 20, so untill than the land will be under the protection of the court. Meaning that until she becomes of age the judge need to aprove things as selling the land.

Of course as the land is hers it can not be used for a loan or mortgage for yourself.

How is this done practically?

Say, you want to put the land in your 2 year old kids name. Fingerprint as signature?

[apiwan]

No age limit as I know,

The Thai courts are on the side as the kids, you need a bloody good reason to want to sell it before their 20.

One of the better things in Thailand

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[Mario2008]

You sign as legal guardian I suppose. You might need some documents as a birth certificate to clerly identify the child. I also heard of an extra check/form to make sure the child is not a proxy for you, but I am not sure on the details.

The land office will than automatically know that the land belongs to a minor and require court documents to for instance transfer the land to somebody else.

[ExpatOilWorker]

You sign as legal guardian I suppose. You might need some documents as a birth certificate to clerly identify the child. I also heard of an extra check/form to make sure the child is not a proxy for you, but I am not sure on the details.

The land office will than automatically know that the land belongs to a minor and require court documents to for instance transfer the land to somebody else.

In a way this is brilliant. In all likelihood, the kid will see it as your house and no issue will arise even after the age of 20. In case you want to feel extra secure, just don't tell the kid. They will have no memory that they spend 2 hours at the land department at the age of 2.

Another argument to keep it a secret, is if you have more than one kid. It could cause future tension among the siblings.

[harrry]

When my then 17 year old niece was put on her own channote for what would be her inheritance from her thai family the lands department put the Chanote completely in her name. She needed her ID card. I understand however that any disposal of the land cannot be done until she is of age and also that the person having responsibility for her (her grandmother) actually controls the land on on her behalf but also need s court aproval for long term leases or mortgages etc.

[apiwan]

When my then 17 year old niece was put on her own channote for what would be her inheritance from her thai family the lands department put the Chanote completely in her name. She needed her ID card. I understand however that any disposal of the land cannot be done until she is of age and also that the person having responsibility for her (her grandmother) actually controls the land on on her behalf but also need s court aproval for long term leases or mortgages etc.

If the kids 17, from what I know there is no way you can finance,mortgage the land/house,

That's why if buying in kids name you need to pay cash,

Bummer I know,

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[harrry]

When my then 17 year old niece was put on her own channote for what would be her inheritance from her thai family the lands department put the Chanote completely in her name. She needed her ID card. I understand however that any disposal of the land cannot be done until she is of age and also that the person having responsibility for her (her grandmother) actually controls the land on on her behalf but also need s court aproval for long term leases or mortgages etc.

If the kids 17, from what I know there is no way you can finance,mortgage the land/house,

That's why if buying in kids name you need to pay cash,

Bummer I know,

Sent from my iPad using Thaivisa Connect Thailand

Theoretically it is possible to finance.mortgage etc but only if the court consents. Courts here side strongly with the child and hence hardly ever (if ever) give consent for such actions.

[rct99q]

All good, however there are usually two parents involved in a childs life yours (I am assuming the husband) and the wife (I am assuming the Thai partner). Now both parents are considered legal guardians unless you are declared sole guardianship. In this case all good. If your spouse is still considered a legal guardian then the house and land is as much the wifes. No need to put into your childrens name. The courts here will always put the best interest of the child first and this usually includes protecting the mother (90% of the cases).

So if you are looking to arrange it so that your wife can not get her hands on the land/house you will find yourself out of luck until your child turns the age of 20 and after that you will be in a popularity contest with your wife in who your child is going to let them get their hands on the land/house. Guess who will win that one??

[uffe123]

I just recently tried to have my house in buri ram transferred into my daughter name as my wife died.

Went to the land office with my attorney and they flatly stated that she had to be 20 years old. As usual Thai's are very quick to take advantage of situations and my farther in law transferred it into his name.

I don't know where all these people are coming from stating that property can be in a thai name at any age.

[uffe123]

Be interested in the outcome.

I want to do something similar but daughter is only 13. I had heard that the age is 15 to have a house in her name.

She must be 20, just went to the land office in Buri Ramto transfer my house to my daughters name, she is 14, they said no must be 20.

[Mario2008]

I just recently tried to have my house in buri ram transferred into my daughter name as my wife died.

Went to the land office with my attorney and they flatly stated that she had to be 20 years old. As usual Thai's are very quick to take advantage of situations and my farther in law transferred it into his name.

I don't know where all these people are coming from stating that property can be in a thai name at any age.

Just read the law or ask the land office to point out where the law states that a minor cannot own land. They will not be able to do that.

[ExpatOilWorker]

I just recently tried to have my house in buri ram transferred into my daughter name as my wife died.

Went to the land office with my attorney and they flatly stated that she had to be 20 years old. As usual Thai's are very quick to take advantage of situations and my farther in law transferred it into his name.

I don't know where all these people are coming from stating that property can be in a thai name at any age.

A new twist to this tale. So which one is it, can it be done or not?

Have anybody actually successfully done it?

[harrry]

My niece did last year..no my land but her grandmothers.

[mtimmu]

my 2 yrs old daughter owns my land, which was given from my mother in law.

in ubon

Edited February 5, 2014 by mtimmu

[Mario2008]

See also sections 1571 and follwing of book V of the Thai civil code.

http://www.thailawonline.com/images/thaicivilcode/book%205%20title%201-3%20thai%20civil%20and%20commercial%20code%20.pdf

You cannot manage property for a child if the child is not allowed to own such property.

[harrry]

See also sections 1571 and follwing of book V of the Thai civil code.

http://www.thailawonline.com/images/thaicivilcode/book%205%20title%201-3%20thai%20civil%20and%20commercial%20code%20.pdf

You cannot manage property for a child if the child is not allowed to own such property.

1577 is the clause here.

[THJOSH]

My Thai GF (we're not legally married) died in 2012. The house and land which was under my deceased GF's name was legally transferred to my 11-yr old daughter. I am the legal guardian for my daughter and she carries my surname (not the mother's surname). The house registration book and land title was successfully transferred in my daughter's name. I was told by my lawyer that my daughter could not sell the land until she reaches legal age of 20. I have no problem whatsoever with that.

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[lostinisaan]

A minor can hold land and property just as any other Thai.

In Thailand the age of majority is reached at 20, so untill than the land will be under the protection of the court. Meaning that until she becomes of age the judge need to aprove things as selling the land.

Of course as the land is hers it can not be used for a loan or mortgage for yourself.

Good to have guys like you on this forum. Always correct and appreciated.

[saramsland]

Hi

I was planning to buy a house and put it in my daughter's name. She is 18 and a Thai citizen. Can she have her name as the sole owner on the Chanote?

When talking to a condo saleswoman today, I mentioned I may buy a house and put it in my daughter's name and she told me that the minimum age a Thai can own property is 20. Was she just trying to put me off buying a house or is this true?

Cheers

15P

Peter,

I asked legal advice about this some time ago as I have a 4yr old Thai son. There is no legal age of restriction to buy property or land however if the child is under 18 the property/land will be held in trust until they are 18 at which time the child (now not such a child) can then make the choice to either keep the property/land or sell it.

In my advice, if you have a good kid.. Put it in their name.

Sent from my iPhone using ThaiVisa app

[harrry]

Hi

I was planning to buy a house and put it in my daughter's name. She is 18 and a Thai citizen. Can she have her name as the sole owner on the Chanote?

When talking to a condo saleswoman today, I mentioned I may buy a house and put it in my daughter's name and she told me that the minimum age a Thai can own property is 20. Was she just trying to put me off buying a house or is this true?

Cheers

15P

Peter,

I asked legal advice about this some time ago as I have a 4yr old Thai son. There is no legal age of restriction to buy property or land however if the child is under 18 the property/land will be held in trust until they are 18 at which time the child (now not such a child) can then make the choice to either keep the property/land or sell it.

In my advice, if you have a good kid.. Put it in their name.

Sent from my iPhone using ThaiVisa app

THeree arew no trusts in Thailand. They are ilegal.

'She has full ownership but the person having Parental cdontrol is responsible for day to day management.

[FiftyTwo]

All good, however there are usually two parents involved in a childs life yours (I am assuming the husband) and the wife (I am assuming the Thai partner). Now both parents are considered legal guardians unless you are declared sole guardianship. In this case all good. If your spouse is still considered a legal guardian then the house and land is as much the wifes. No need to put into your childrens name. The courts here will always put the best interest of the child first and this usually includes protecting the mother (90% of the cases).

So if you are looking to arrange it so that your wife can not get her hands on the land/house you will find yourself out of luck until your child turns the age of 20 and after that you will be in a popularity contest with your wife in who your child is going to let them get their hands on the land/house. Guess who will win that one??

No, only one parent has any authority over the property.

This parent (any nationality) is named on the chanote and cannot be changed.

Both parents need to consent to the name of the managing parent.

[khunPer]

Agree with the posters saying a minor can hold land. According to my lawyer a minor can own anything – land, stocks, fund books, bank account, company shares – but under guardian until the age of 20. The guardian cannot dispose against the interest of the child; i.e. selling land etc.

My Thai daughter has been holding land, fund book, and shares in company, since just after she was born or a few years old, of course under a trusted guardian.

Some posters have suggested having a Thai national child as owner of (Chanute) land and a usufruct agreement for the use; perhaps some experienced TV-forum members can confirm the procedure.

[harrry]

Agree with the posters saying a minor can hold land. According to my lawyer a minor can own anything – land, stocks, fund books, bank account, company shares – but under guardian until the age of 20. The guardian cannot dispose against the interest of the child; i.e. selling land etc.

My Thai daughter has been holding land, fund book, and shares in company, since just after she was born or a few years old, of course under a trusted guardian.

Some posters have suggested having a Thai national child as owner of (Chanute) land and a usufruct agreement for the use; perhaps some experienced TV-forum members can confirm the procedure.

THe usufruct would have to exist before the land is transfered to the child as the guardian is prevented vfrom taking out a usefruct.

[connda]

A minor can hold land and property just as any other Thai.

In Thailand the age of majority is reached at 20, so untill than the land will be under the protection of the court. Meaning that until she becomes of age the judge need to aprove things as selling the land.

Of course as the land is hers it can not be used for a loan or mortgage for yourself.

Wouldn't that make the child a 'proxy' owner which I thought was illegal in Thailand? Just saying...

[harrry]

A minor can hold land and property just as any other Thai.

In Thailand the age of majority is reached at 20, so untill than the land will be under the protection of the court. Meaning that until she becomes of age the judge need to aprove things as selling the land.

Of course as the land is hers it can not be used for a loan or mortgage for yourself.

Wouldn't that make the child a 'proxy' owner which I thought was illegal in Thailand? Just saying...

No it does not. Ownership cannot be transfered from the child. With a proxy at some stage it will generally be transfered under someones instructtiion. A child's property cannot untill he or she is of age and if you have ever tried to tell a 20 year old what to do you know it stays hers.