Minimum Age That Thai Can Own Land

[Briandajew]

Was in this situation a year or so back. I had our land that was in my wifes name transferred to my son who was 11 at the time - The land registry did not want to do it and tried all they could to put my wife off changing.

I had heard worrying rumours about inheritance of land should anything happen to my wife.... i.e It was rumoured it could go to the Mother in law!!!

Anyway, we made the transfer and as stated by others, the land cannot be sold until the child reaches 20 (I believe there is a way around this involving the courts but cannot be sure)

[Torrens54]

Wow!!!

What a veritable mine of information this subject opened up.

Couple of variations on the law, but probably based on wrong info from some Thai "authority" who has not read the act correctly. Anyway, there are links which help us gain a clear understanding of the "intent" of the law.

Many thanks to everyone who contributed.

[wileycoyote]

Good useful posting

[timewilltell]

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.

You have been done then. Most Thai lawyers could not get a job making tea in a law office in the west. They are corrupt, ignorant and clueless except how to deceive on the whole. They will also work against your interest whilst taking your money, screw up the claim on purpose and give evidence on the other side since foreigners should never take a Thai to court. It doesn't matter how bad they are or what they do wrong they never lose their license and there are practically speaking no controls on them.

There are a few good ones but it is like looking for a needle in a haystack and you cannot possibly know until too late what they are doing to hurt you. Even the good ones are fighting the racism that exists and will be bribed or persuaded to lose your case unless you are really lucky. The lawyers all work together especially if you are fighting anyone with any influence at all. It is a terribly biased system against foreigners here.

In the west we have law societies and the like which control lawyers and force them to abide by a professional code of ethics to their clients. In Thailand the code of ethics is between lawyers and stuff the clients - a bit like the rest of the way Thailand acts - and especially if you are foreign.

So daddy in law has taken advantage if you probably in cahoots with the lawyer and it will no doubt provide a nice fund for his later life. Your daughter can absolutely own land in Thailand regardless of age but as previous posters say the courts control the asset until she is of an age of 20

[FiftyTwo]

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.

Why transfer it anywhere?

If no other children and you are legally married, split is 50% you, 50% daughter.

If you did nothing, you would be better than giving to to FIL.

What about your daughters legal rights of inheritance, you and FIL have absolutely no say over your daughter's inheritance. This is a case for the Thai family court.

Was there a will? who was the executor? why did they not follow probate?

Your post is unbelievable, nobody could be that stupid!

[funcat]

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.

...the wife owns the land,gives the land to the child and husband wants the usefruct,but also to be possible guardian...how to do this in practice? I've heard,that this can all be done in LO,possibly without the lawyer...but what is the procedure ?...get the usefruct first,than transfer the ownership to the child and....is the usfruct transferred as well at the same time?? ....and how to get the guardian to be established and when ??...not so clear...

[WitawatWatawit]

It's 20. Very helpful guy at the Land Department in Pattaya confirmed this and told me there were legal procedures for anyone under 20, but they were a little bit complicated (see previous posts in this thread), but quite good - he didn't bother explaining as my daughter was shy of 20 by only a few months. Instead he put the papers in his draw and said he would sort it all out at the appropriate time. Which he did, with good grace and great efficiency.

[15Peter20]

Thanks to those replying to my question.

The replies do shed some light on what was said later on in the condo sales office as I realized I was becoming trapped and was looking for ways to get out before more time was wasted.

The sales manager was called over and I said to her basically that even if I was going to buy the condo unit, it couldn't be in my own name because the money I wanted to use was already in Thailand and there was no way I could produce the required document that specified that the money had been brought into the country for the purpose of buying the condo. In other words, 'I can't be the owner, my daughter (according to your sales person) can't be the owner, so....bye bye!'.

At this, the manager started going on about how I could put the money down and use my name 'for the transfer' and then after that we'd all go down to the land registry office and put the condo in my daughters name.

As she finished speaking I had vague questions floating around my head about 'transfer - does she mean title or money?', and 'but your sales person said....' but I just nodded smilingly and was out of the door about 10 minutes later.

However 'boutique' or 'lifestyle' it is, and regardless of how many building sites and how much smog can be seen from the 17th floor, I didn't fancy paying 5 million baht for a glorified hotel room. They even had a series of 'pocket' gardens on various floors, if you please! I asked the sales lady why they had built 'pocket' gardens instead of 'boutique' gardens, but she didn't get it. Oh well, back to my existing 'lifestyle'.

[wolfmanjack]

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.

Many land offices make their own rules but when I tried to purchase land and put it in my kids name the land office told me the kids had to be able to sign their name. I was advised the best way for me to do it was to have their grandmother purchase the land in her name and transfer it to my kids at the same time.

[wolfmanjack]

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.

...the wife owns the land,gives the land to the child and husband wants the usefruct,but also to be possible guardian...how to do this in practice? I've heard,that this can all be done in LO,possibly without the lawyer...but what is the procedure ?...get the usefruct first,than transfer the ownership to the child and....is the usfruct transferred as well at the same time?? ....and how to get the guardian to be established and when ??...not so clear...

You have to get the usufruct first since it can't be done after the land is in the child's name. The usufruct will still be there.

[FiftyTwo]

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.

Many land offices make their own rules but when I tried to purchase land and put it in my kids name the land office told me the kids had to be able to sign their name. I was advised the best way for me to do it was to have their grandmother purchase the land in her name and transfer it to my kids at the same time.

Advised by whom?

Some arse who doesn't even know their own job?

You have two choices, walk away from the purchase, or make an official complaint through your solicitor about the head of the land office. The threat of official complaint, in writing, from a solicitor, usually helps them remember the rules.

Or you could start family court proceedings against the official who is trying to damage your child's future.

And then you go on to offer advice to others, after letting some corrupt official walk all over you..... Incredible!

PS

I would consider a land office official who refused to transfer property with an encumbrance on it entirely within the rules. Especially if encumberance favoured the parent giving the land.

[JesseFrank]

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.

Many land offices make their own rules but when I tried to purchase land and put it in my kids name the land office told me the kids had to be able to sign their name. I was advised the best way for me to do it was to have their grandmother purchase the land in her name and transfer it to my kids at the same time.

So and then the kid didn't have to sign, as a transfer means the same as that the kid purchased it from the grandmother .

For sure that would also involve 2 times transfer taxes, since there no such thing as a free gift of land.

[Mario2008]

The problem might have been in the financing of the land.

As a foreigner buying it, he would need to show that the money came from abroad. With following the grandmother route, no such proof was required.

[harrry]

The foreigner could not buy the land even with money from abroad. It would have to be transfered from the original owner to the child and this can be done.

[JesseFrank]

The problem might have been in the financing of the land.

As a foreigner buying it, he would need to show that the money came from abroad. With following the grandmother route, no such proof was required.

I would assume that the kid has the Thai nationality ?

[Mario2008]

But the father buys the land and gives it to the land.

I read recently on the forum there was also a problem with somone inheriting land about showing that the money (value of the land) came from abroad before it could betransferred to a Thai buyer.

I am not sure of the ins and outs, but might have something to do with tax-regulations.

[harrry]

But the father buys the land and gives it to the land.

I read recently on the forum there was also a problem with somone inheriting land about showing that the money (value of the land) came from abroad before it could betransferred to a Thai buyer.

I am not sure of the ins and outs, but might have something to do with tax-regulations.

I think what you read about was not land but a condo in the foreign allocation.

The land can not be bought by the father (ie it cannot be recorded as a sale) The child buys it. THe fact the money originates with the father is not material.

[zabaleta]

example: a foreign father buys a house and puts it in his 14 year old half thai childs name.

query: could the child immediately lease the house back to the father for 30 years or would she have to wait until she's 20?

possible problem: when the child turns 20,it listens to thai mother and signs house over to mother.

additional info: parents were divorced.

possible solution: don't buy,just rent and run.

[bobo42]

example: a foreign father buys a house and puts it in his 14 year old half thai childs name.

query: could the child immediately lease the house back to the father for 30 years or would she have to wait until she's 20?

possible problem: when the child turns 20,it listens to thai mother and signs house over to mother.

additional info: parents were divorced.

possible solution: don't buy,just rent and run.

In answer to your query: no, nothing can be done with the land, no kind of legal agreements can be entered into until the child turns 20. Or you could petition the court to allow the change, and the court would have to agree that its in the child's best interest.

And yes, if you do this, the land belongs to the child, period. So once they come of age, they could sell it, transfer it, kick you out, whatever. Unless there was already some legally binding agreement in place when the child took posession.

[DerringDo]

Great question and good correct answers.

Shame the naysayers didn't do their homework before going to the relevant office with the correct information themselves.

[jphasia]

Interesting subject that i can share here my own experience.

I live in Thailand very long time now (23 years) and it happened to me that i purchased some properties (land and houses). As foreigner, i followed advises that time from several lawyers and resident to setup a limited company to purchase and own the properties. I don't want discuss here the positive and negative to have done it in such way. At the same time, I have a son who is now 15 years old from a Thai wife. We are now divorced for 10 years now and my son who has Thai birth certificate, both Thai and foreign passpport and also Thai ID card now lives with me.

Since my son was born, my only worry about those properties was not to lose them as they are actually own by a limited company but to find a solution and ensure that in case of something happen to me, the properties will go to my son.

I investigated through several lawyer how to change the tittle deed to the name of my son but they were all telling that he must wait 20 years old to own a property. Finally, few months ago, a lawyer confirmed me that there are no minimum age for a Thai to own a property but only that both parent must approve it. All was confirmed by the land department. Process has been completed and my son is now the owner of the properties. The limited company is in process to be shut down. Of course, profit taxes will be apply to the limited company who sold but i will pay it. In conclusion: I have done that to cheat anything just to make sure that what I got by working hard will go to my son if something wrong would happen one day.

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[RicePudding]

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.

Sorry to hijack the thread but could someone please explain the process of buying stock market shares in a child's name. Will a brokerage firm open an account in a child's name?

[tezzainoz]

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??

Well in my case me

it is natural little girls love their daddies

and compte with their mummies

[ExpatOilWorker]

Interesting subject that i can share here my own experience.

I live in Thailand very long time now (23 years) and it happened to me that i purchased some properties (land and houses). As foreigner, i followed advises that time from several lawyers and resident to setup a limited company to purchase and own the properties. I don't want discuss here the positive and negative to have done it in such way. At the same time, I have a son who is now 15 years old from a Thai wife. We are now divorced for 10 years now and my son who has Thai birth certificate, both Thai and foreign passpport and also Thai ID card now lives with me.

Since my son was born, my only worry about those properties was not to lose them as they are actually own by a limited company but to find a solution and ensure that in case of something happen to me, the properties will go to my son.

I investigated through several lawyer how to change the tittle deed to the name of my son but they were all telling that he must wait 20 years old to own a property. Finally, few months ago, a lawyer confirmed me that there are no minimum age for a Thai to own a property but only that both parent must approve it. All was confirmed by the land department. Process has been completed and my son is now the owner of the properties. The limited company is in process to be shut down. Of course, profit taxes will be apply to the limited company who sold but i will pay it. In conclusion: I have done that to cheat anything just to make sure that what I got by working hard will go to my son if something wrong would happen one day.

Sent from my SM-N900 using Thaivisa Connect Thailand mobile app

Good post, thanks. Did you have to involve your ex-wife in the process? After being divorced for 10 years, it could pose a challenge.

[jphasia]

Yes, she needed to sign documents in the land department as the mother. But my ex-wife and myself having good relationship and she understand that this is for the best interest for our son, so she fully cooperate. I can see a lot of post on the net regarding pain divorce with Thai women. I might be the exception because when we decided to divorce, my ex-wife never asked me for any compensation. We used a common lawyer just to facilitate the administrative side but she never asked me 1 baht. The only thing is that I am fully supporting all cost for my son. He live with me and my new partner. I managing his education. His mum is free to visit him whenever she want and he is also spending most school holidays with her

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[dighambara]

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.

Why quote marriage law in a discussion of property rights..??

[Mario2008]

That is not marriage law. Book V is family law and includes the laws on marriage and divorce, but also the laws between parents and children. The sections I refer to concern this last and support the notation that children can own land as you cannot manage property for a child if the child is not allowed to own such property.

[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.

Sorry to hijack the thread but could someone please explain the process of buying stock market shares in a child's name. Will a brokerage firm open an account in a child's name?

A bank will require both the child’s name and a guardians name in the account, works for savings and fixed accounts and so-called Fund Books (portfolio of stocks/bonds handled/traded by a bank). An on-line stock market platform will need a bank savings account associated, which in case of a child means an account with both the child’s name and a guardian’s name.

I do not know what is required for trading stock market shares for a minor, but presumably dual names – ask the brokerage firm – but then also the question rise if a guardian legally can speculate in stock market shares on behalf of a minor, as it may not (always) be legal for a guardian to sell a minor’s land plot, as that me be against the interest of the minor?

Does any TV-member hold a stock brokerage firm account for a minor?

[aechzen]

i guess about one day old !

[icare999]

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?

our 2 children have had property in their name since they were a few months old so its total bs but maybe in case of death it would depend on will

i also recently transferred 2 condos into our minor kids name which i owned and my wife transferred some land to them also both are still minors

we have a lot of land and property far more than we will ever need or want and its theirs for university whatever when they reach 20

land and houses and condos here are very cheap or ones we have are and even now with higher prices a reasonable house can be built for 10-14k gbp and small condos in thai blocks go for 200-700k baht