buying house and land in kids name can i live there

[salavan]

hi im going to buy a house on a plot of land in the mothers name but to be transfered to my kid when she is 20 can anyone tell me if i can live there rent free, and what i need to do if this is possible. what would i need for the immigration, im on a 1 year retirement extension, (paper work proccedure ect)

thank you

[keeniau96]

Buy in the kids name (the mother will control until he/she are of age) and get a usufruct for yourself that will allow you lifetime full occupancy of the land. Don't know about the Immigration aspeccts but expect there will be a blue book and things will be no different than if your wife owned and you lived with her.

[Jip66]

Good Advice: NEVER buy land and/or house in the wife or g/f's name when there is a child is involved, always put it straight in the child's name

[khunPer]

You can buy land in the name of a minor child. Guardian will be responsible, but are normally not allowed any transactions against the good for the child. Usufruct may not always be possible to obtain from a minor land owner, in such case make the usufruct agreement before land is transferred to the name of the child – not even sure if a wife can grant a husband usufruct, as that will be contract between the married couple. Check with an experienced lawyer – perhaps also some other TV-forum members may know…

Wish you good luck.

[roy2310]

OK this is simple, put the house in your childs name, pay the taxes on the house, etc, the house will be in your childs name, Make sure you sign the paper work at the land office with your wife or girlfriend, but the mother will be guardian untill he/she will be 15, With the paper work and the land and house deeds and the BLUE BOOK, you go to a lawyer and get them to write up a lease for 30 years or death, plus living in the house rent free, just taking care of repairs and keeping up the house, paying bills like water, electric will be up to you or who live in the house with you, make sure she signs all papers. with witinesses THIS way if you spilt up, you still have control of the house and nobody can remove you, not even your daughter/son, it is not that hard, when this is done, give her copies and you keep the real papers and the BLUE BOOK. then you can use this address for buying cars etc. IMM dept will give you an letter for 30 days to do this, but you have to ask, they will not offer, this is what I did, real easy, when I die the house goes back to my son and my wife has no legal right to anything, so she can not sell or remove me from the home

[stgrhe]

You can buy land in the name of a minor child. Guardian will be responsible, but are normally not allowed any transactions against the good for the child. Usufruct may not always be possible to obtain from a minor land owner, in such case make the usufruct agreement before land is transferred to the name of the child – not even sure if a wife can grant a husband usufruct, as that will be contract between the married couple. Check with an experienced lawyer – perhaps also some other TV-forum members may know…

Wish you good luck.

Good post, however, I would recommend a superficies (in you name) over a usufruct if the house construction will commence after the land is transferred to your child. You can then legally apply for the building permit in your name, which is to your advantage if you plan to legally separate the ownership of the land and the dwelling(s).

[khunPer]

You can buy land in the name of a minor child. Guardian will be responsible, but are normally not allowed any transactions against the good for the child. Usufruct may not always be possible to obtain from a minor land owner, in such case make the usufruct agreement before land is transferred to the name of the child – not even sure if a wife can grant a husband usufruct, as that will be contract between the married couple. Check with an experienced lawyer – perhaps also some other TV-forum members may know…

Wish you good luck.

Good post, however, I would recommend a superficies (in you name) over a usufruct if the house construction will commence after the land is transferred to your child. You can then legally apply for the building permit in your name, which is to your advantage if you plan to legally separate the ownership of the land and the dwelling(s).

Thanks and yes, superficies sounds like a very good advice. That can be either for lifetime or 30 years, but it is up to the individual Land Office discretion if they will grant the right of a superficies or not. Presume that need to be done no later than when land is transferred to the child’s name. There is some good information if you google “superficies thailand”, not sure TV-rules allow direct link.

The following also as a comment to roy2310's post above.

Otherwise when building a house the only way you can prove it is your house is:

-Your name on the architect drawings (each drawing in the set);

-Your name on the building permission (may need permission from “owner”, so superficies may be wise to have here);

-Your name on the building constructor contract;

-Your name of all receipts for payment to building constructor;

-Keep all receipts for any items or materials bought for building the house, preferably with you name on.

You cannot to my knowledge get any other legal documentation of ownership for a new house, whilst when buying a second hand house you may be able to register it at the Land Office.

The Blue House Book (for Thai nationals) is not a proof of ownership, but proof of who lives (registered) in the house, same for the Yellow House Book for foreigners. It may be wise to have the foreigners name in the yellow book listed as “house master” (or something like that in Thai), but that’s neither a proof of ownership.

When it comes to protection of (your) property, which may not be necessary if superficies is granted, you can have a loan declared (like kind of mortgage) on the back of the Chanute deed, for example a loan of same amount as Land + House costs you. The land cannot be transferred (sold) to another owner before the loan (and eventually interest) has been paid in full. The loan shall be stated when land is registered in child’s name or before, as it will probably not be accepted later due to protection of the minor. However, if the land deed title is lower than Chanute or Nor Sor 3, which they often are in villages, you may not be able to register a debt, as the land cannot be used a guarantee for loan.

A Thai child is minor until the age of 20.

Edited September 6, 2014 by khunPer

[stgrhe]

khunPer wrote: "You cannot to my knowledge get any other legal documentation of ownership for a new house, whilst when buying a second hand house you may be able to register it at the Land Office."

Actually, legal separation of the house from the land requires also a registration at the land office when it is a new build. However, there is no formal deed for the house like the chanot is for the land. One needs also to pay a fee.

Also worth noting, when legally married to a Thai lady when pruchasing the land and / or building the house it really is no point of going through land and house separation as both the land and the house are regarded as sin somros, and thus equally owned irrespectively of whos name the deed or contract is in.

Hence, despite that we foriegners, except in a few very special circumstances, cannot own land, we can legally own half of its value.

[belg]

the legal guardian of the child in thailand, will be .... the mother & not you, unless you divorce and get full custody

[MusV]

Sorry about my english. I want buy land and house on childs name, save my right to stay and keep yhe house away from ... sale or overlosded by loans. I have been to the lad office in Sa Kaeo and ... they said ... it is not possible at all. Can be done only in mothers name. Now, I do not understand Thai and may be my sweet mama not told me all ... or? The roles may be different from province to province? I have no Problem to pay a lawyer who speaks and understand German to do the whole transaktion for me ... mean in my childs name with usfruct for me. I am the legitime father by the thai family court ... have custody. Do the mothrr need an usfruct too, to live in the house? We not married, I nevrr would. Thank you for advice and lawyer recommendations.

[AnotherOneAmerican]

You can buy land in the name of a minor child. Guardian will be responsible, but are normally not allowed any transactions against the good for the child. Usufruct may not always be possible to obtain from a minor land owner, in such case make the usufruct agreement before land is transferred to the name of the child not even sure if a wife can grant a husband usufruct, as that will be contract between the married couple. Check with an experienced lawyer perhaps also some other TV-forum members may know

Wish you good luck.

Yep, buy in kid's name (can't be sold).

Make yourself the guardian (can be foreigner parent, can't be changed, except by your death).

[AnotherOneAmerican]

the legal guardian of the child in thailand, will be .... the mother & not you, unless you divorce and get full custody

BS!

Guardian is chosen at time of transfer, by mutual consent of both parents.

Guardian may be either parent, foreigner Guardian allowed.

[AnotherOneAmerican]

Sorry about my english. I want buy land and house on childs name, save my right to stay and keep yhe house away from ... sale or overlosded by loans. I have been to the lad office in Sa Kaeo and ... they said ... it is not possible at all. Can be done only in mothers name. Now, I do not understand Thai and may be my sweet mama not told me all ... or? The roles may be different from province to province? I have no Problem to pay a lawyer who speaks and understand German to do the whole transaktion for me ... mean in my childs name with usfruct for me. I am the legitime father by the thai family court ... have custody. Do the mothrr need an usfruct too, to live in the house? We not married, I nevrr would. Thank you for advice and lawyer recommendations.

Two possibilities,

1. Mother has asked officials to tell you BS.

2. Officials don't know their job.

Answer

Hire a lawyer to go along with you to do the registration in sons name, with you as guardian (if you have full custody, mothers consent not needed).

Do not allow your wife to have any prior contact with your lawyer. Do not allow wife and lawyer to converse in Thai at land office (best if she isn't there at all).

In the situation you have described, it would make more sense not to proceed with the purchase at all.

Land Office officials lying to you, is a problem, wife conspiring with Land Office officials to lie to you would be a bigger problem.

Edited September 18, 2014 by AnotherOneAmerican