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  1. #1
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    Land ownership in an infants name, is it possible?

    As per the title, I have the opportunity to buy a plot of land in Thailand, and I would much prefer it to be in my sons name (both for security, and something for him when he is old enough to appreciate it), he is 2.1/2 years old.

    I am well aware of the the pitfalls that can catch a farang out, in regard to land ownership, and was wondering if this approach was a realistic possibility.

    The other option is to put it in the wife's name, get it leased to me for 30 years, and when he is old enough have it signed over to him. But with the remainder of the lease still intact.

  2. #2
    Thailand Expat Pragmatic's Avatar
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    I'd just put it in the wife's name to save all the bother and hope she transfers the title as and when.

    The child is subject to parental control of the parents until the child is legally determined to be an adult. Adulthood occurs when the child reaches the age of majority which is 20 years old in Thailand or when the child gets married. Until this time, parents have rights and obligations to their child.
    https://www.siam-legal.com/thailand-...d-in-thailand/



    Or maybe this thread will help?

    http://teakdoor.com/doing-things-leg...ilds-name.html (Thai Land In A Thai Childs Name!)
    Last edited by Pragmatic; 02-08-2018 at 06:35 AM.

  3. #3
    a cookin' an' a bookin' Luigi's Avatar
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    Can put it fully into the kid's name but with a Thai adult as legal guardian for the land until they reach the age of 20.

    The land cannot be used as collateral, sold, anything like that without going before the courts and the courts ruling that it is in the child's best interest to do so. The courts are typically strong in their outcomes towards the best ruling for the child.


    Of course the (slight) chance of corrupt land officials etc being paid to pull a Lulu is always a slight risk, I suppose.

  4. #4
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    Lulu could be 100% right in his advice.
    But a warning; Look into it yourself because Lulu has a habit of only knowing part of the law and henceforth considering himself an expert, and thus can make very ill-informed opinions. A little knowledge is a dangerous thing.


    Quote Originally Posted by Luigi View Post
    land officials etc being paid to pull a Lulu
    I really don't think land officials would agree to themselves paying a black whore.

  5. #5
    Thailand Expat TuskegeeBen's Avatar
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    Quote Originally Posted by Pragmatic View Post
    I'd just put it in the wife's name to save all the bother and hope she transfers the title as and when.
    Good luck with that ^.

    Quite the contrary aging_ne. ~ TB is (indeed) a grown-up residing in the real world of Siam,

    ...instead of some doughboy's disneyland. Nothing negative about living in reality...And,...I do appreciate my (no bull) Thai-born pooch!
    Last edited by TuskegeeBen; 02-08-2018 at 03:38 PM.

  6. #6
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    Listerman, forget the 30 year lease, 2 main reasons, any agreement between husband and wife may be voided at any time by either party.
    Plus your wife will need to pay tax on the rental value, as set by the land department, a lease is just a long term rental, taxed yearly.

    Nothing wrong with putting the land in a kids name.

  7. #7
    a cookin' an' a bookin' Luigi's Avatar
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    Quote Originally Posted by Maanaam View Post
    Lulu could be 100% right in his advice.
    But a warning; Look into it yourself because Lulu has a habit of only knowing part of the law and henceforth considering himself an expert, and thus can make very ill-informed opinions. A little knowledge is a dangerous thing.
    That would probably hold more weight from somebody that doesn't work illegally for a dodgy, uncertified, unlicensed Translation business without a work permit, while also working illegally for a dodgy school without a work permit. And declares it legal, even though he knows it isn't.

  8. #8
    a cookin' an' a bookin' Luigi's Avatar
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    Quote Originally Posted by jamescollister View Post
    Nothing wrong with putting the land in a kids name.
    Yup.

    The legal guardian doesn't have to be the Thai parent, btw.

  9. #9
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    Quote Originally Posted by Luigi View Post
    That would probably hold more weight from somebody that doesn't work illegally for a dodgy, uncertified, unlicensed Translation business without a work permit, while also working illegally for a dodgy school without a work permit. And declares it legal, even though he knows it isn't.
    QED.
    You have just shown how your incomplete knowledge leads you to incorrect conclusions.

    And your memory is flawed as usual. I don't work for any sort of translation business, nor for a dodgy school.

  10. #10
    a cookin' an' a bookin' Luigi's Avatar
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    ^ Embarrassed into denial now as well.

    Cluck cluck.


    If it's kind of for investment/security in Thailand for the kid, also consider a condo or three in your own name, and a will leaving them to him. Location is important, forget oversupplied locations such as Pattaya etc, I've had pretty much 100% occupancy with nice ROI's for the past few years in BKK and CNX.

    Nice monthly returns.
    Your places should you ever want or need to live in one.
    In your name.
    Will be left to your kid when you pop yer clogs. No headaches.

  11. #11
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    Quote Originally Posted by Luigi View Post
    Embarrassed into denial now as well.
    Yer wot?

  12. #12
    a cookin' an' a bookin' Luigi's Avatar
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    I forgot you're a non-native speaker.


    Maybe the translation agency can help you, if it hasn't been shut down for illegal employment of aliens and dodgy licensing offenses.

  13. #13
    Thailand Expat jabir's Avatar
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    Quote Originally Posted by Luigi View Post
    Can put it fully into the kid's name but with a Thai adult as legal guardian for the land until they reach the age of 20.

    The land cannot be used as collateral, sold, anything like that without going before the courts and the courts ruling that it is in the child's best interest to do so. The courts are typically strong in their outcomes towards the best ruling for the child.


    Of course the (slight) chance of corrupt land officials etc being paid to pull a Lulu is always a slight risk, I suppose.
    Can't remember the details but I was advised something on those lines, with no mention of lulus; specifics to follow in due course.

  14. #14
    Thailand Expat TuskegeeBen's Avatar
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    Quote Originally Posted by Luigi View Post
    ^ Embarrassed into denial now as well.

    Cluck cluck.


    If it's kind of for investment/security in Thailand for the kid, also consider a condo or three in your own name, and a will leaving them to him. Location is important, forget oversupplied locations such as Pattaya etc, I've had pretty much 100% occupancy with nice ROI's for the past few years in BKK and CNX.

    Nice monthly returns.
    Your places should you ever want or need to live in one.
    In your name.
    Will be left to your kid when you pop yer clogs. No headaches.
    BINGO!...

  15. #15
    Thailand Expat jabir's Avatar
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    Quote Originally Posted by Luigi View Post
    Yup.

    The legal guardian doesn't have to be the Thai parent, btw.
    Now we're entering the swamp with some real scary stuff on legal succession and guardianship. Again based on general advice but no experience, and it doesn't sound right, but hopefully some clearer details in the next month or two.

  16. #16
    Thailand Expat TuskegeeBen's Avatar
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    Quote Originally Posted by jabir View Post
    Now we're entering the swamp with some real scary stuff on legal succession and guardianship. Again based on general advice but no experience, and it doesn't sound right, but hopefully some clearer details in the next month or two.
    Nothing swampish about realism and simplicity. I seldom agree with Louis, but his post #10 ^ is spot-on.

  17. #17
    a cookin' an' a bookin' Luigi's Avatar
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    The guardian is only the legal guardian of the land, they don't have any legal right of ownership as such.

    Should the owner (child) pass away before the age of 20, the land would not become the guardian's.


    That's in a case of the land's guardian not being the Thai parent.


    A Thai can leave Thai land to an alien in their will, but it has to be sold within one year.

  18. #18
    Thailand Expat Pragmatic's Avatar
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    Quote Originally Posted by jabir View Post
    Now we're entering the swamp with some real scary stuff on legal succession and guardianship.
    What a shame Fluke can't join the thread as he's the forum 'ace' regarding anything to do with 'guardianship and parental rights'.

  19. #19
    Thailand Expat Pragmatic's Avatar
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    Quote Originally Posted by Luigi View Post
    but it has to be sold within one year
    Not necessarily be 'sold' but transferred ownership to a Thai.

  20. #20
    a cookin' an' a bookin' Luigi's Avatar
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    True.

  21. #21
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    Quote Originally Posted by Pragmatic View Post
    Not necessarily be 'sold' but transferred ownership to a Thai.
    Or leased to a farang based upon a 25 year lease agreement.

  22. #22
    a cookin' an' a bookin' Luigi's Avatar
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    ^ The ownership will still need to be transferred to a Thai.


    So the answer to the question is yes, but there are likely better options for the kid's future security.


    Namely buying condos in decent locations that will generate monthly income to the tune of 6-12% p/a, while in your own name, and left to the kid in your will. Simple.


    Which, by complete coincidence, I'll probably have 2 or 3 for sale in the next few months, for mate's rates, me ol' buddy Listerman mate.

  23. #23
    Thailand Expat TuskegeeBen's Avatar
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    Talk about keeping farang life "simple", I've heard of an English/Mandarin speaking Thai lawyer, who (for an annual retainer fee)
    provides the singular service(s) of performing....as the sole (court-registered)...Executor....to all of their client's estate decrees.

    Thus, any future property-ownership bickering, between family members, is supposedly eliminated. An attorney can also perform as a legal guardian.
    Last edited by TuskegeeBen; 02-08-2018 at 10:13 PM. Reason: Newer update

  24. #24
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    Quote Originally Posted by Luigi View Post
    The ownership will still need to be transferred to a Thai.
    Agree but the transfer of land ownership is normally set up by way of a will.

    If no will is in place the land ownership goes to the eldest nearest relative normally a parent.

  25. #25
    or TizYou?
    TizMe's Avatar
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    Quote Originally Posted by Luigi View Post
    Should the owner (child) pass away before the age of 20, the land would not become the guardian's.

    A Thai can leave Thai land to an alien in their will, but it has to be sold within one year.
    Can a kid create a legal will?

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