Put The House/land In Your Baby's Name

[Nepal4me]

What if you put your purchased land and house in your baby's name. This is for a situation for legally married to a Thai and with children.

Set up a contract where your son/daughter or both are the legal owners of the house/land and you have a 30 year lease to the property. At least that way in the event of a split, the wifey isn't taking the money, it will eventually go to your kids.

Anybody know if this might be legal or even possible? Couldn't find any answer using the search option.

[soap]

if you pm or email sunbelt asia they have replied to the same questions in the last week or two .

im sure they will give you the answersyou want

[GuestHouse]

A minor (under 21 I think, maybe 18) can not own property without the appointment of a manager.

Placing the land/house in the name of your wife while she makes a will that in the event of her death she leaves the land to her/your children but specifically wishes that you manage her estate and specifically menssions that she wishes you to have use of the house until your death is one way around this.

The problem arises, what happens if your wife has an older child from a previous marriage?

If that child is not taken care of then there may be grounds to contest the will, and who do you think is going to want to be the manager of that child's estate?

Alternatively, simply buy land/house in the name of your wife and take out a lease.

The way I see it, if you don't trust your wife to own land/house and act in the best interest of you and your children then you are only going to have problems trying to cut her out of controlling your shared property.

[SunbeltAsia]

if you pm or email sunbelt asia they have replied to the same questions in the last week or two .

im sure they will give you the answersyou want

Any foreigner's minor having Thai nationality may purchase or accept land as a gift with no consideration and register the ownership of such land.

However, as a minor under 20 years old, he or she will be restricted as to what may be done with the land. If he/she wants to make any registered contractual action over the land, such as selling or leasing it, you as her guardian will need a court order approving such a transaction, and that court order will be granted only if your son/daughter is considered by the court to be the clear beneficiary of the transaction. Any funds obtained would have to be held in trust.

If you are sure that you or your son/daughter will not want to sell the land until he/she is 20 years old, then registering it in their name is fine.

www.lawyer.th.com

[chuckd]

SBA:

I registered my house in my 11 year old daughter's name a couple of years ago. I have custody of her in the divorce so I had to sign all the papers.

I am certain the land office told me her legal age would be 18, not 20. I paid cash for the house so there is no indebtedness and I have no plans to incur any debts.

Just curious if the 20 year old thing is correct or is it 18? Frankly I like your version better.

[Dragonman]

SBA:

I registered my house in my 11 year old daughter's name a couple of years ago. I have custody of her in the divorce so I had to sign all the papers.

I am certain the land office told me her legal age would be 18, not 20. I paid cash for the house so there is no indebtedness and I have no plans to incur any debts.

Just curious if the 20 year old thing is correct or is it 18? Frankly I like your version better.

I love to read contentious legal arguments Well the Land Office may, or may not, be right by the time your daughter reaches 18. The United Nations has defined a child as under 18 and Thailand has signed up to this definition. However the Government, as normal, has not exactly rushed to change historic laws still on the Statute. Hence things like being a minor remains at under 20 for lots of things. If you were, or your daughter were, to take the matter to Court, I feel that they would reduce the age to 18, which they are entitled to do.

[chuckd]

SBA:

I registered my house in my 11 year old daughter's name a couple of years ago. I have custody of her in the divorce so I had to sign all the papers.

I am certain the land office told me her legal age would be 18, not 20. I paid cash for the house so there is no indebtedness and I have no plans to incur any debts.

Just curious if the 20 year old thing is correct or is it 18? Frankly I like your version better.

I love to read contentious legal arguments Well the Land Office may, or may not, be right by the time your daughter reaches 18. The United Nations has defined a child as under 18 and Thailand has signed up to this definition. However the Government, as normal, has not exactly rushed to change historic laws still on the Statute. Hence things like being a minor remains at under 20 for lots of things. If you were, or your daughter were, to take the matter to Court, I feel that they would reduce the age to 18, which they are entitled to do.

I didn't realize I was being either contentious or argumentative. As I said in my post, just being curious.

We will wait and get an answer when she turns 18.

[Dragonman]

SBA:

I registered my house in my 11 year old daughter's name a couple of years ago. I have custody of her in the divorce so I had to sign all the papers.

I am certain the land office told me her legal age would be 18, not 20. I paid cash for the house so there is no indebtedness and I have no plans to incur any debts.

Just curious if the 20 year old thing is correct or is it 18? Frankly I like your version better.

I love to read contentious legal arguments Well the Land Office may, or may not, be right by the time your daughter reaches 18. The United Nations has defined a child as under 18 and Thailand has signed up to this definition. However the Government, as normal, has not exactly rushed to change historic laws still on the Statute. Hence things like being a minor remains at under 20 for lots of things. If you were, or your daughter were, to take the matter to Court, I feel that they would reduce the age to 18, which they are entitled to do.

I didn't realize I was being either contentious or argumentative. As I said in my post, just being curious.

We will wait and get an answer when she turns 18.

Not saying you were being contentious. The contentious legal argument is with the Thai Government not following up with their agreement to change laws to update the situation, and hence confusing even their own Departments. All Laws since the Agreement show 18 as being the age of majority. So there is a two tier system.

[thaigene2]

The way I see it, if you don't trust your wife to own land/house and act in the best interest of you and your children then you are only going to have problems trying to cut her out of controlling your shared property.

...However, she will have absolutely NO problem cutting you out since it is not at all shared property. It's her property and her's alone..A lease is a false sense of security..let's be honest.

You either just bite the bullet and put the thing in her name and stay on the sweet side of her (which you should do anyway)..or rent..or buy an over-priced condo. Those are your options guys. Let's l,earn to live with it and move on.

[Heng]

Those who don't trust their spouses can also just wait (and rent) until their children are 18. Of course, don't forget to school your kids on the value of holding real estate long term as well.

[llso]

For me it is not a matter of trusting my wife. A few months ago she became very ill with pneumonia. The thought occured to me that if she had died even though we have a 4 year old daughter together her family would have gotten control of our land and house in the village.

They are not that bad but I am sure the temptation to borrow some money against the propertry from the the bank would have been too much. I of course would have had no say in the matter.

So I cinvinced my wife to set up a lease to me for that purpose and also something leaving the house to our daughter.

LL

[Mrkisskissbangbang]

Any foreigner's minor having Thai nationality may purchase or accept land as a gift with no consideration and register the ownership of such land.

However, as a minor under 20 years old, he or she will be restricted as to what may be done with the land. If he/she wants to make any registered contractual action over the land, such as selling or leasing it, you as her guardian will need a court order approving such a transaction, and that court order will be granted only if your son/daughter is considered by the court to be the clear beneficiary of the transaction. Any funds obtained would have to be held in trust.

If you are sure that you or your son/daughter will not want to sell the land until he/she is 20 years old, then registering it in their name is fine.

www.lawyer.th.com

Have there been any recent changes to this law? I spoke to a chap last night who told me that he recently tried to register land in his Thai national child's name but was refused at the land office Hua Hin.

[Mrkisskissbangbang]

I forgot to add that he said there is a minnimum age limit and that the child needs a Thai ID card and not just a birth certificate. Has anyone else had similar problems or heard anything along these lines?

[buriramboy]

i bought 36 rai of land beginning of this year in buriram (put in my 3 year old daughters name) and at the land office , i had to sign about 20 forms, anyway the point is the land office told me, the land could not be sold or any monies borrowed on it until my daughter is 20.

BB

[astral]

What if the child dies and is unable to make a will??

Accidents do happen.