#  >  > Living And Legal Affairs In Thailand >  >  > Doing Things Legally >  >  Can a Thai child own property?

## jabir

I've had conflicting views on this from three farang/Thai lawyers! 

Is it possible for a Thai-born child with Thai (+Brit) passport to legally own property in Thailand?

Most recent legal view is yes and it's not a problem as long as both parents sign off on it, while two others over the years were clear that a child cannot legally have property (and certain other assets) registered in their own name.

Or does it depend on what some bureaucrat decides on the day?

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## Luigi

It's no problem, but the land will have an adult Thai guardian (usually the Thai parent) until the child becomes a legal adult.


It cannot be sold, used as collateral etc etc by the Thai guardian without first going through the courts, and the judge agreeing that it is in the child's best interest to do so. The courts here are actually pretty good when it comes to such things.

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## jabir

Yes I heard that a court will try to protect the rights of the child over grasping and naive parents/guardian. 

But quite a turnaround from two lawyers stating that a child cannot own property in its own right, while the more recent says it's no problem; could be a change in the law.

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## buriramboy

My daughter has 36 rai of land in her name put in her name when she was only 2 or 3. Vaguely remember (I'm going back 13 odd years) spending half a day in the land office signing countless papers and end result land cant be sold or borrowed against and daughter gets full control when hits 20.

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## Luigi

Yup, that's it.

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## AntRobertson

I vaguely recall something from a few years back where they were scrutinizing things a bit more closely to ensure the kids weren't being used as nominees?

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## buriramboy

> I vaguely recall something from a few years back where they were scrutinizing things a bit more closely to ensure the kids weren't being used as nominees?


Think still have to prove where money comes from if a purchase but again only going from memory I think different rules if just transferring already owned stuff from one family member to another. Land my daughter has was just transferred from her grandmother after me paying off a few debts!!!!!

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## Luigi

> Land my daughter has was just transferred from her grandmother after me paying off a few debts!!!!!


Nice deal.

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## Dillinger

> It's no problem, but the land will have an adult Thai guardian (usually the Thai parent) until the child becomes a legal adult.
> 
> 
> It cannot be sold, used as collateral etc etc by the Thai guardian without first going through the courts, and the judge agreeing that it is in the child's best interest to do so. The courts here are actually pretty good when it comes to such things.


What happens if the child dies?

That would worry me that, with these fuckers

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## Luigi

> What happens if the child dies?


Under Thai Civil and Commercial Code Section 1670, a minor cannot have a will in Thailand. So you'd be pretty foked and it would likely go to the legal guardian or Thai parent, if they are not one and the same.

If they pass as an adult and have it in their will, it should be possible for the land and any dwellings to be given to an alien, where they have one year to sell or give it to a Thai.

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## Chittychangchang

What happens if you don't sell within the year?

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## jabir

> My daughter has 36 rai of land in her name put in her name when she was only 2 or 3. Vaguely remember (I'm going back 13 odd years) spending half a day in the land office signing countless papers and end result land cant be sold or borrowed against and daughter gets full control when hits 20.


Good show, thanks, except I was told 21 (yup, from a lawyer!).

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## jabir

> What happens if the child dies?
> 
> That would worry me that, with these fuckers


ditto!

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## buriramboy

> Good show, thanks, except I was told 21 (yup, from a lawyer!).


Call it 21 then as like I said im only going from memory from 13 odd years ago spending a half a day no doubt with a hangover and not wanting to be there in the land office, although the number 20 has stuck in my head. Was quite amusing though as the woman in the land office was trying to tell the MIL to transfer it to my wife and not my daughter as then money could still be borrowed against it thus negating the whole point of the exercise!!!!

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## Topper

The father of one of my few Thai girlfriends had tons of land and seven children.  Most of the land were put in their names as children to avoid taxes.

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## jabir

> Call it 21 then as like I said im only going from memory from 13 odd years ago spending a half a day no doubt with a hangover and not wanting to be there in the land office, although the number 20 has stuck in my head. Was quite amusing though as the woman in the land office was trying to tell the MIL to transfer it to my wife and not my daughter as then money could still be borrowed against it thus negating the whole point of the exercise!!!!


Thai bureaucrats do like to leave options open to sustain traditional Thai ways.

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## jabir

Couple of months old but just to confirm, at age 7 they qualify for an ID card, and for the purpose of property ownership the land office will accept the child's ID supported by both parent signatures.

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## nidhogg

^ just make sure you keep the Brit passport issue quiet.  As I read it, your kid can both own, and legally not own land in Thailand

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## jabir

Another foot to the flames subject a la Thai!  :Smile: 

For immigration purposes never had an issue, in and out with Thai passport, and fwiw i have heard chatter that says both ownership and legal residency could become a problem later on. If so, hopefully by then UK will become an option.

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