Selling land/house in name of Thai minor child

[wowfactor10]

Hi,

A farang friend of mine has put a piece of land in the name of his Thai child (dual nationality),and the house on that land is into his own name.

He says he can only sell the land and house if it approved by court as the Thai child (luk krung) is only 14 years.

1 So under what conditions will the court approve such a sale ?

2 The proceedings of the sale should go to the minor who will look after this?

3 Is it allowed possible to buy from the proceedings of that sale,FREEHOLD properties condos in Thailand but in the name of the same child..(then using its foreign passport)

[scorecard]

Nice question and no doubt many foreigners (me included) would be interested in the answer.

To ensure you get a totally correct legal interpretation I encourage you to post again in 'ask the lawyer' and get a fully correct focused and free answer.

Don't be too quick to believe the answers of TV or any armchair lawyers, who are often wrong.

[casualbiker]

Nice question and no doubt many foreigners (me included) would be interested in the answer.

To ensure you get a totally correct legal interpretation I encourage you to post again in 'ask the lawyer' and get a fully correct focused and free answer.

Don't be too quick to believe the answers of TV or any armchair lawyers, who are often wrong.

True enough. But others do have first hand experience as well... Not me in this instance..

[DiamondKing]

The property is the Childs property and unless there is a very good reason the courts will not allow a sale until the child is of age and can make that decision.

Normally this is done to protect the childs interest since normally its one of the parents trying to liquidate when a relationship goes sour I have a mate that did the exact same thing with 2 of his Children and the courts refused to allow a sale even when the parents divorced so basically each one lives in each house but they are still in the name of the kids and nothing can be done until they reach legal age to make their own decisions on their property

[BlackJack]

The property is the Childs property and unless there is a very good reason the courts will not allow a sale until the child is of age and can make that decision.

Normally this is done to protect the childs interest since normally its one of the parents trying to liquidate when a relationship goes sour I have a mate that did the exact same thing with 2 of his Children and the courts refused to allow a sale even when the parents divorced so basically each one lives in each house but they are still in the name of the kids and nothing can be done until they reach legal age to make their own decisions on their property

yes thats right

when the child is over 20 they can decide

you are right as a very good reason has to be argued in court to sell the property

for anyone out there contemplating something similar a promisee promisor agreement should suffice so as to allow one party to be able to live in the house

this can be registered at the Land Office

[wowfactor10]

What would be a very good reason then for the court then to allow a sale before the child reaches 20 years ?

selling it in order to buy back other land or properties again in the childs name? is that a good enough reason to allow a sale before the child reaches 20 years ?

[offset]

I purchased some land in a ladies daughter's name thinking it secure but her mother has found a way of getting it transferred back into her name and has since taken out a mortgage on the land she will not tell me how she did it

[Asheron]

I purchased some land in a ladies daughter's name thinking it secure but her mother has found a way of getting it transferred back into her name and has since taken out a mortgage on the land she will not tell me how she did it

Shouldn't you like.... visit the famous RTP or atleast a lawyer?

[scorecard]

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I purchased some land in a ladies daughter's name thinking it secure but her mother has found a way of getting it transferred back into her name and has since taken out a mortgage on the land she will not tell me how she did it

Shouldn't you like.... visit the famous RTP or atleast a lawyer?

Agree.

Finding a way to do it, could (sic could) mean a payment or whatever to the local lands office boss. Thai Lands Title offices are one of the most corrupt government offices, that fact reported in the media just a few weeks ago.

Edited April 4, 2015 by scorecard

[scorecard]

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What would be a very good reason then for the court then to allow a sale before the child reaches 20 years ?

selling it in order to buy back other land or properties again in the childs name? is that a good enough reason to allow a sale before the child reaches 20 years ?

But remember: 'what's a better investment' is very judgmental and the absolute answer cannot specifically be answered for a number of years / maybe well into the long-term future, therefore courts usually don't engage in this type of scenario / discussion.

Simple examples:

1. I buy an expensive condo in: Bkk, Pattaya, Phuket, CM, etc. Can anybody give me or give the court a guarantee I will either recoup my investment or make a guaranteed

20% / 30%? or whatever? capital gain within: 5, 10, 20, 50 years??? No! Further, the court doesn't know what other charges might apply in terms of new regulations / laws

etc., therefore they will not engage in this type of discussion. Same anywhere in the world.

2. If I but farming land (anywhere) ....... same question marks.

But you mention 'buy back;. same discussion points. Courts anywhere in the world would instantly wonder whether there are personal political agendas involved and quickly back away.

For a better / more focuses answer to when / what circumstances would the court approve ..., why not post the specific question to TV 'ask the lawyer'?

Edited April 4, 2015 by scorecard

[offset]

I purchased some land in a ladies daughter's name thinking it secure but her mother has found a way of getting it transferred back into her name and has since taken out a mortgage on the land she will not tell me how she did it

Shouldn't you like.... visit the famous RTP or atleast a lawyer?

I have other problem to sort out first but going to a lawyer will be my last resort

The lady's daughter is giving her a lot of trouble about it so I will bide my time

[wowfactor10]

Meanwhile i have placed my question also in the lawyer forum regarding this topic.Its possible that my message needs get moderated first before it shows in the lawyer forum?

Main point is : what would be for the thai court then a good enough reason to sell real estate of a thai minor child before age 20 ?

Is buying back other better real estate in the Thai childs name a good enough reason? with aproval of both parents of that child?

If there are no reasons ever good enough for a sale before 20 years of age then why is there the go to court option?

[offset]

Meanwhile i have placed my question also in the lawyer forum regarding this topic.Its possible that my message needs get moderated first before it shows in the lawyer forum?

Main point is : what would be for the thai court then a good enough reason to sell real estate of a thai minor child before age 20 ?

Is buying back other better real estate in the Thai childs name a good enough reason? with aproval of both parents of that child?

If there are no reasons ever good enough for a sale before 20 years of age then why is there the go to court option?

Maybe if the child needed money for special health care or when they are older for university fees but I do not know how a court would know if the money is used for the correct thing

[PattayaPhom]

I purchased some land in a ladies daughter's name thinking it secure but her mother has found a way of getting it transferred back into her name and has since taken out a mortgage on the land she will not tell me how she did it

How old is the daughter

[wowfactor10]

Seems Khun Somsak is taking his time to come up with an answer...

[wowfactor10]

I purchased some land in a ladies daughter's name thinking it secure but her mother has found a way of getting it transferred back into her name and has since taken out a mortgage on the land she will not tell me how she did it

Buying land in some ladies daughter her name?? That can be never a secure purchase for you as you surely will understand.

Just wonder why would u even do such a thing.

[offset]

I purchased some land in a ladies daughter's name thinking it secure but her mother has found a way of getting it transferred back into her name and has since taken out a mortgage on the land she will not tell me how she did it

How old is the daughter

nearly 19

[offset]

Seems Khun Somsak is taking his time to come up with an answer...

I sent a private message to his company about a similar problem and I did not get a reply either

[offset]

I purchased some land in a ladies daughter's name thinking it secure but her mother has found a way of getting it transferred back into her name and has since taken out a mortgage on the land she will not tell me how she did it

Buying land in some ladies daughter her name?? That can be never a secure purchase for you as you surely will understand.

Just wonder why would u even do such a thing.

It was not meant to be a secure purchase for me it was meant to be a way of stopping lady taking out a mortgage on the land that she could not pay back

[donx]

Meanwhile i have placed my question also in the lawyer forum regarding this topic.Its possible that my message needs get moderated first before it shows in the lawyer forum?

Main point is : what would be for the thai court then a good enough reason to sell real estate of a thai minor child before age 20 ?

Is buying back other better real estate in the Thai childs name a good enough reason? with aproval of both parents of that child?

If there are no reasons ever good enough for a sale before 20 years of age then why is there the go to court option?

Cases where I can see a court approve the sale of real estate in a child's name would be when the land is needed for something like building a highway or an airport. I doubt the court would allow anything that wasn't obviously in the interest of the child or the interest of society as a whole.

Of course I'm just guessing, but I wonder if there have ever been any cases where a court has allowed such a sale. I doubt the transfer that TV user offset is discussing went before a court. I could be completely wrong about that so if offset knows if it was reviewed by a court that would be valuable information.

[offset]

Meanwhile i have placed my question also in the lawyer forum regarding this topic.Its possible that my message needs get moderated first before it shows in the lawyer forum?

Main point is : what would be for the thai court then a good enough reason to sell real estate of a thai minor child before age 20 ?

Is buying back other better real estate in the Thai childs name a good enough reason? with aproval of both parents of that child?

If there are no reasons ever good enough for a sale before 20 years of age then why is there the go to court option?

Cases where I can see a court approve the sale of real estate in a child's name would be when the land is needed for something like building a highway or an airport. I doubt the court would allow anything that wasn't obviously in the interest of the child or the interest of society as a whole.

Of course I'm just guessing, but I wonder if there have ever been any cases where a court has allowed such a sale. I doubt the transfer that TV user offset is discussing went before a court. I could be completely wrong about that so if offset knows if it was reviewed by a court that would be valuable information.

I am not sure but I think that it did not go to court.

But I have other things to sort out before I cause any problems for the lady and I expected to lose the land when her daughter was 20 years old anyway I am not really worried about this land

[wowfactor10]

Hi Donx we could post another question.....

In where we r asking if there has been anyone who had a court case in thailand regarding the sale of a land plot in the name of their thai child under the age of 20 years.

It be interesting how such a case has been dealt with by the thai court..

meanwhile i still waiting for TVF Lawyer Khun. Somsak with his reply..Surely he must have had some cases like this.

[wowfactor10]

Posted 2015-04-05 05:49:50

Here the question that i placed 2 weeks ago in the lawyer forum (khun Somsak)..Hope can receive a reply on this matter....

A farang friend of mine has put a piece of land in the name of his Thai child (with dual nationality),and the house on that land is into the farang his own name.

The farang says its possible to sell the land and house if its approved by court as the Thai child (luk krung) is only 14 years.(takes 3 months get the court order)

1 So under what conditions will the court approve such a sale ?

2 Is it allowed by the Thai court to buy with the proceedings of that sale,other better properties condos in Thailand again in the name of the same child..(then using its foreign passport)

Both the parents and the child would be for a sale there for using the proceedings to buy back better and other real estate in Thailand in the childs name.

If in case its totally impossible then why there is the option to go to court.?Under what circumstances are children then allowed by Thai court to sell thai real estate before they reach 20 years of age ?

[offset]

Posted 2015-04-05 05:49:50

Here the question that i placed 2 weeks ago in the lawyer forum (khun Somsak)..Hope can receive a reply on this matter....

A farang friend of mine has put a piece of land in the name of his Thai child (with dual nationality),and the house on that land is into the farang his own name.

The farang says its possible to sell the land and house if its approved by court as the Thai child (luk krung) is only 14 years.(takes 3 months get the court order)

1 So under what conditions will the court approve such a sale ?

2 Is it allowed by the Thai court to buy with the proceedings of that sale,other better properties condos in Thailand again in the name of the same child..(then using its foreign passport)

Both the parents and the child would be for a sale there for using the proceedings to buy back better and other real estate in Thailand in the childs name.

If in case its totally impossible then why there is the option to go to court.?Under what circumstances are children then allowed by Thai court to sell thai real estate before they reach 20 years of age ?

The thing that I was told that happens if the land is sold the money received goes into the government bank and if the child needs any of the money they have to show receipts of how the money was spent and it was for there benefit

I suggest if you want to find out if you can do what you like to do is go the Children's Court yourself and ask them but take somebody that can translate for you they were very helpful to me

[wowfactor10]

Here the reply of The Lawyer k Somsak :

Posted Today, 14:19

You are not allowed to sell the land until the youngest owner is 20.

However, you can apply to the court for permission.

This is by no means automatic.

The only cases I know that have been approved was when the family were leaving Thailand permanently.

Even then, this has to be proved to the court.

[Mario2008]

Basically you will have to proof to the court that the sale is in the best interest of the minor, and the court will not take such things lightly but wants to see hard evidence that it is without a doubt in the interest of the minor.

As the lawyer said, there aren't that many cases to go on. You can try it, with proof that the new land will have an increased value, but no certainties. First selling and than looking and buying a new piece of land will in all likelihood not be allowed.