Land ownership in an infants name, is it possible?

**Listerman** · 02-08-2018, 12:23 AM

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.

**Pragmatic** · 02-08-2018, 06:30 AM

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?

https://teakdoor.com/doing-things-leg...ilds-name.html

**TuskegeeBen** · 02-08-2018, 02:13 PM

Originally Posted by Pragmatic

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!

**Listerman** · 03-08-2018, 04:19 AM

Originally Posted by Pragmatic

I'd just put it in the wife's name to save all the bother and hope she transfers the title as and when.

Your braver / more trusting than me, and if it works for you and your wifey who am I too argue with that.

Originally Posted by Pragmatic

https://teakdoor.com/doing-things-leg...ilds-name.html

Thanks for the link, it is interesting reading about how someone succeeded in a very similar situation to what I might be getting into in the near future, other peoples experiences are often invaluable.

Originally Posted by Luigi

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.

and

Originally Posted by Luigi

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

That sounds like it could be the perfect solution, with myself as the legal guardian.

Originally Posted by jamescollister

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.

Thanks, I knew about the tax on the rental value aspect, which is presently 1.1% of the land departments valuation on the land at the time of commencing the lease, and I believe is paid yearly
But I didn't know about the ability of either party to be able to void the agreement. It looks like something along the lines of heads we win tails you loose.

Originally Posted by jabir

Can't remember the details but I was advised something on those lines, with no mention of lulus; specifics to follow in due course.

I would be interested to know more by PM if you prefer.

Originally Posted by Luigi

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

Correct.

Originally Posted by Luigi

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.

If it were only that simple for me, believe you me I have investigated the condo route as it would seem as you suggest relatively stress free compared to what I am looking at. But as TIT, the opportunity has arisen for my wife to buy out her younger sister on a shared land plot, and because my Mrs does not have sufficient cash I have been approached to fill the funding gap [the younger sister needs the cash urgently to fund an upcoming 7/11, 10 year franchise lease renewal], but knowing how things work here I want to insure myself (as best I can) against the possibility of things going pear shaped in the future. Hence my suggestion to the Mrs about putting the whole lot in my sons name, and which she agrees with, but has had feedback from her family in Thailand suggesting this is not possible.

The land parcel is in the centre of Thamuang (Kanchanaburi province) the total land plot is 1400 square metres (100 x 14 with roads on both the short sides) and the younger sister owns 600 square metres of it at present. After getting the younger sister off the Channote the idea is to build a house for her parents (which I would of course be paying for

), as their present house is in a right state. It would also have the added benefit of having somewhere decent to stay when we go there on holiday, instead of having to live like the locals.

Finally would anyone care to recommend a reasonable solicitor in this locality who could initially advise on the land ownership aspects as discussed above, attend at the land office should the need arise, and finally to prepare all of the necessary documentation I would be required to provide to complete the process to conclusion.

**Luigi** · 02-08-2018, 12:41 PM

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.

**jabir** · 02-08-2018, 03:13 PM

Originally Posted by Luigi

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.

**Maanaam** · 02-08-2018, 12:48 PM

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.

Originally Posted by Luigi

land officials etc being paid to pull a Lulu

I really don't think land officials would agree to themselves paying a black whore.

**Luigi** · 02-08-2018, 02:54 PM

Originally Posted by Maanaam

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.

**Maanaam** · 02-08-2018, 02:57 PM

Originally Posted by Luigi

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.

**jamescollister** · 02-08-2018, 02:38 PM

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.

**Luigi** · 02-08-2018, 02:55 PM

Originally Posted by jamescollister

Nothing wrong with putting the land in a kids name.

Yup.

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

**jabir** · 02-08-2018, 03:21 PM

Originally Posted by Luigi

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.

**TuskegeeBen** · 02-08-2018, 03:46 PM

Originally Posted by jabir

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.

**Pragmatic** · 02-08-2018, 03:50 PM

Originally Posted by Luigi

but it has to be sold within one year

Not necessarily be 'sold' but transferred ownership to a Thai.

**Luigi** · 02-08-2018, 02:59 PM

^ 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.

**TuskegeeBen** · 02-08-2018, 03:20 PM

Originally Posted by Luigi

^ 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!...

**Maanaam** · 02-08-2018, 03:03 PM

Originally Posted by Luigi

Embarrassed into denial now as well.

Yer wot?

**Luigi** · 02-08-2018, 03:09 PM

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.

**Luigi** · 02-08-2018, 03:46 PM

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.

**TizMe** · 02-08-2018, 05:06 PM

Originally Posted by Luigi

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?

**Luigi** · 02-08-2018, 06:21 PM

Prags got in a second before me.

**Maanaam** · 02-08-2018, 08:43 PM

Originally Posted by Luigi

Prags got in a second before me.

Damn! That hurt, didn't it?

**Pragmatic** · 02-08-2018, 03:47 PM

Originally Posted by jabir

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'.

**Luigi** · 02-08-2018, 04:03 PM

True.

**Loy Toy** · 02-08-2018, 04:19 PM

Originally Posted by Pragmatic

Not necessarily be 'sold' but transferred ownership to a Thai.

Or leased to a farang based upon a 25 year lease agreement.

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