Buying Land and House in Son's Name

[bprhodes]

I know that I will eventually need to consult with a Thai lawyer, but I am looking for some preliminary advice.

Here's my situation: I am retired and now living in Chiang Mai on a retirement visa. I am divorced from my ex-wife for 10+ years, both she and our adult son (22 years old) reside in the USA. Both are US and Thai citizens. My son had a Thai passport, but did not renew it after he turned 18, so it is expired. He has travelled to Thailand since then on his US passport. He does have his house registration (done in BKK when he was a baby).

I would like to purchase land in my son's name and build a house. I can buy the land with cash but will need a loan for construction of a house. My son's Thai uncle (wealthy) has agreed to help as either co-signer on bank loan or as lender. I would then get a usufruct from my son so that I could have control over hose construction, etc.

Some questions:

Would I be able to make this purchase in my son's name without his presence in Thailand (via power-of-attorney?)

What documents would my son need to have?

Are there any other issues I should be aware of?

Is it possible to get construction loans from a bank? What are the requirements for such a loan?

And please spare me the "never buy a house in Thailand argument". My goals is to have a house that I can enjoy (and later as I wish) for the rest of my life while building my son an inheritance.

Thanks for any constructive input.

[SOTIRIOS]

.......good luck...

[banchang]

I'm no expert but I looked into this sometime ago, pretty sure a passport won't do the job. You need a Thai ID card and when your son has that he is elegable to to called up for national service.

[huawei]

Thai ID card. Get a power of attorney so he doesn't have to go to the land department. He will be eligible...just make sure he is at university..

[huawei]

As a follow up. The mother will need to be present for the issuing of the ID card..ring up before hand to ensure that you have a full list of requirements, then it should be easy. My guess if the mother is not present they will not issue it. Good luck.

[MaeJoMTB]

loan and usufruct not allowed.

One or the other.

[LukKrueng]

Not sure about a bank loan, but you/he won't be able to sell or mortgage the land without a court order before he is 20 years old. Actually he might not even be able to sign an usufruct for you before that age either.

[aronp1]

As a follow up. The mother will need to be present for the issuing of the ID card..ring up before hand to ensure that you have a full list of requirements, then it should be easy. My guess if the mother is not present they will not issue it. Good luck.

So let's say if his mother was past away he would never be able to get an Id card?

I just don't see the reason that a 22yr old adult would need his mommy for an ID.

[kiwikeith]

I think as long as he's on the house register and you renew his Thai passport, you have a thai birth cerificate, then you can get ID, but he may need to be present, best you ask lawyer or have a friend go to the office where they issue the ID card, Grandpa maybe and they will tell him what is required.

My son has a thai passport, and a NZ one also Thai and NZ birth certificates, the Thai embassy issued birth cert just after he was born.

He is also on the house register.

I heard Banks dont lend for construction, maybe Grandpa can finance construction then after finished get mortgage.

[LukKrueng]

As a follow up. The mother will need to be present for the issuing of the ID card..ring up before hand to ensure that you have a full list of requirements, then it should be easy. My guess if the mother is not present they will not issue it. Good luck.

So let's say if his mother was past away he would never be able to get an Id card?

I just don't see the reason that a 22yr old adult would need his mommy for an ID.

Sorry, I miss read your post thinking your son was only 18... Normal procedure for anyone over 15 is to get a Thai ID card before issuing a passport, so technically he wont be able to renew the passport before getting the ID, for which he has to apply in person, with his birth cert. and house registration at the ampoe where he is registered. Once he get the ID he can get the land registered under his name. The need for the parents to get an ID card is only for children under 20 (minors).

[Suradit69]

My son had a Thai passport, but did not renew it after he turned 18, so it is expired. He has travelled to Thailand since then on his US passport.

Just as a side note, a Thai can enter Thailand on an expired Thai passport.

Might be a good idea for him to get a new Thai passport either in Thailand or at an embassy in the US.

Edited January 3, 2016 by Suradit69

[bprhodes]

Thanks for the useful replies. Looks like a info session with a lawyer would be useful. Also need to talk with my ex and see where is house registration is. It would be nice if it can all be done with a power-of-attorney so I don't have to pay for him to come to a Thailand (also tough for him to get time off work).

[offset]

I think that he will have to be present to get an ID card because they take his picture for the ID card

[huawei]

As a follow up. The mother will need to be present for the issuing of the ID card..ring up before hand to ensure that you have a full list of requirements, then it should be easy. My guess if the mother is not present they will not issue it. Good luck.

So let's say if his mother was past away he would never be able to get an Id card?

I just don't see the reason that a 22yr old adult would need his mommy for an ID.

Part of the reason I have since found out is that the mother had not updated her status/ records to being married, then subsequently divorced . I still am surprised as all the necessary paper work was in place plus the foreign father was there( but didn't match their records).What the status of the mother was should be is irrelevant other than to prove that the child is born of a Thai.

[blackcab]

I think that he will have to be present to get an ID card because they take his picture for the ID card

He needs an ID card to buy land.

He will have to be present at the district office to get his ID card. As mentioned, he needs his photo taken. In addition he will also have his fingerprints electronically scanned. His fingerprints are then stored on his ID card.

Edited January 7, 2016 by blackcab