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  1. #1
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    Gift a house to my Thai minor child denied at land department

    I am divorced, shared custody.

    Ex-wife makes life very difficult since divorce for her own child, because of the shared custody and not helping with anything like agreeing to get new passport, both foreign and Thai for the child, etc...

    Ex-wife wants child and meself, out of the house, before the child is 20.

    For this purpose, I contact Land department of Samut Prakarn, Bangplee office.

    I had a contact there because in the divorce agreement, it was stated the ex-wife will add child to chanote of our old house.

    This was the reason I agreed to this deal, even I paid for both houses.

    Off course, ex-wife signed in court before a judge, than did nothing.

    Went to court again, but as ex did not leave or share her new address, impossible to be summoned.

    The 'contact' at the land department knew about ex wife not helping or following court.


    I contacted this same person that works in Land department, asked, well, my teenage child did and asked, if the child could be OWNER of a house.

    The reply was : no problem, as long as the father pays for it... That person knew I was divorced, shared custody, minor child, not co-operating ex wife.


    So I found a house, paid a deposit for it, we all went to the land department, bank of seller also as there was a mortgage, 2 cashier checks, etc...


    And suddenly the head of land department informs the broker of the seller, that is is impossible as ... consent of mother is needed.

    I tried to call ex-wife : blocked
    Child tried to call ex-wife : nobody picks up

    Broker calls ex-wife : she is her nice self, shouting and screaming to broker, that it is not her problem, even the child would get a house for FREE paid by the father, me...

    No deal, I lost my deposit because of false info FROM a person from land department + ZERO co-operation of my ex-wife.


    Land department got a paper of the law

    section 1574

    minor cannot own property, without approval of court


    I knew that if the child OWNED property already, it could not be sold.

    But here it was about me paying / gifting a house for my child, after the child reaches 20, that the child has a place to stay.


    My question for you if you have the knowledge :


    Ok, I can go ask court for their approval for ME to pay x million baht for a house gifted to my child

    but will my ex-wife still have to give consent, even with approval of the court ?


    If that is the case, I have no option than to abandon this attempt to try to buy a house before child is 20.


    Crazy town, where I cannot buy land/house as a farang, but not even GIFT a house to my child to live in before 20 years old...

  2. #2
    I am not a cat
    nidhogg's Avatar
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    Dude- get a lawyer. If you got money to throw at houses, you got money to get a (good) lawyer on your side. Just do your due diligence to make sure you get a good one.

  3. #3
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    Sorry to hear of your troubles but as Nid says get a lawyer who is credible, has a good track record, deals with foreigners and in particular with custody and asset adminstration. Sorry but no one here can help you but i wish you and your child success

  4. #4
    Thailand Expat David48atTD's Avatar
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    Quote Originally Posted by nidhogg View Post
    Dude- get a lawyer. If you got money to throw at houses, you got money to get a (good) lawyer on your side. Just do your due diligence to make sure you get a good one.

    ... this

  5. #5
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    I'm guessing that a child under 20 cannot own a house in Thailand. Therefore you cannot give one.

    Is it possible to set up a trust, same as in the West ?

  6. #6
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    Quote Originally Posted by Latindancer View Post
    I'm guessing that a child under 20 cannot own a house in Thailand. Therefore you cannot give one.

    Is it possible to set up a trust, same as in the West ?
    The age of majority in Thailand is 20.

    It is possible for minors to be the registered owners on the chanote, for example an inherited property if both parents die, but the court must appoint some kind of guardian whose name also goes on the chanote.

    So it is possible, with a good lawyer's help. Another option would be to wait for the minor's 20th birthday.

    This being Thailand you feel there must be a way.

  7. #7
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    Wouldn't it be cheaper to pay off the ex-wife, and get full custody?

  8. #8
    Thailand Expat AntRobertson's Avatar
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    https://diamondrussell.com/

    Phuangphet Russell

  9. #9
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    Quote Originally Posted by Chico View Post
    Wouldn't it be cheaper to pay off the ex-wife, and get full custody?

    the ex is vindicative - out for vengeance

    not only against me

    but against her own child, that chose to live 24/7 with me and not with that psychopath not worth the title of mother


    my ex family has 10x more money than I have

    so 'buying' my child's sole custody is out of the question


    I almost faced deportation 2 years ago when I was officially still married, ex moved out to unknown location

    just before it was time for my extension renewal


    so still officially married, immigration did not want to convert my visa and told me, or rather in thai to my child that was with me

    to FUCK OFF and go back to my home country


    even the child would be left on its own, as mummy was nowhere to be seen or could not be contact - blocked by phone, email, facebook, ...


    family court , well, all my ex signed and agreed to do, like give back id card of child, birth certificate, tabien baan, nope, could not be enforced

    not being 50, still married in that time, 60 days extension to visit child already used


    ex planned to just get rid of me, without a valid visa


    after 10+ years of visa extension based on marriage, there I was, forced to do monthly runs... till pandemic hit

  10. #10
    Days Work Done! Norton's Avatar
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  11. #11
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  12. #12
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    Get a lawyer and you should have just paid this hag off for full custody of the child. If you have children with a difficult Thai wife, pay them the fuck off to fuck right off and get full custody of the children. They will be scheming to use the custody of their own child for financial gain in the future. However, many Thai's do not think past the end of their noses, so if you flash the cash, they will usually give in.

    or

    You could just clip her.

  13. #13
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    He's already explained her family doesnt need the money. He needs professional advice from a faramg oriented lawyer who's dealt with this before. He aint the first.

  14. #14
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    Quote Originally Posted by justanotherone View Post
    the ex is vindicative - out for vengeance

    not only against me

    but against her own child, that chose to live 24/7 with me and not with that psychopath not worth the title of mother


    my ex family has 10x more money than I have

    so 'buying' my child's sole custody is out of the question


    I almost faced deportation 2 years ago when I was officially still married, ex moved out to unknown location

    just before it was time for my extension renewal


    so still officially married, immigration did not want to convert my visa and told me, or rather in thai to my child that was with me

    to FUCK OFF and go back to my home country


    even the child would be left on its own, as mummy was nowhere to be seen or could not be contact - blocked by phone, email, facebook, ...


    family court , well, all my ex signed and agreed to do, like give back id card of child, birth certificate, tabien baan, nope, could not be enforced

    not being 50, still married in that time, 60 days extension to visit child already used


    ex planned to just get rid of me, without a valid visa


    after 10+ years of visa extension based on marriage, there I was, forced to do monthly runs... till pandemic hit
    Try this company.

    Home

  15. #15
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    Quote Originally Posted by Chico View Post
    Try this company.

    Home

    they got my mail 2 years ago

    could not help

    I have a valid visa now, I EMS-ED, faxed, emailed, most 'child' organisations in thailand, THEY ONLY CARE FOR YOUR MONEY/DONATIONS, not helping children or a father that raise the child, to legally stay in Thailand for the benefit of the child... also most government instances upto the secretary of the PM... more is better...

    after a few months NON STOP, finally got immigration , those FUCKERS, to FORCED to do their job...

    with EXACT same paperwork, where they denied to help me 3 times before...

    had to sign how wonderfully they helped me NOW after complaining everywhere about this injustice

    as when the local immigration BOSS, not just the clerk, denied to help me before... it is not you can easely go talk to their boss, that is impossible...


    but court is another bullshit... as they only can or will enforce FINANCIAL infractions, like not paying half for child's school...


    so now I wanted to gift a house to my child, but needed parental consent, lost my deposit, even I first did my due dillegence, to ask LAND DEPARTMENT that fucked me over with false information that I could buy a house for my child with ex psycho consent...

  16. #16
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    dirk diggler's Avatar
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    Buy a shit hot condo in your own name and gift it to your child when turning 20. It can be sold and used to buy a house.

    Also, you can get the NON-O based on your child being dependent on you and like the NON-O based on marriage, you can obtain a work permit and employment.
    Lang may yer lum reek...

  17. #17
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    Went the condo and Thai Will route.

    Kinda wished I had foreseen covid and the rental income being slashed and the value halved* mind


    *slight exaggeration.

  18. #18
    Thailand Expat armstrong's Avatar
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    I think we tried to put land in daughter's name but couldn't because she was too young. So I just need to not piss the wife off for about 10years so I don't lose my retirement plan.

  19. #19
    I'm in Jail

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    Yeah. You gotta keep em sweet. 10 years might be an under estimate though?

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