On the deed put the kid's name
simple
On the deed put the kid's name
simple
Thanks for the help guys.
Too complex me thinks.
AS stated go see a proper solicitor/lawyer.
Suggestion from an American lawyer; take a few Baht and go see a GOOD Thai lawyer. Don't rely on any other advice. By good lawyer, I mean one of the Thai law firms in Bangkok, not some Pattaya shyster with an office over a massage parlor. Will cost you some money, but worth it in the end. There are too many conflicting stories and rumors about how this can be done and the paperwork is only as good as the lawyer who wrote it. Good of you to do this, but you want to leave the child land, not a problem or a heartache.
Last edited by BobR; 29-03-2010 at 05:58 PM. Reason: spelling
It's the way ahead.
I put the land i brought and built our house on in my daughters name when she was 9 and i was the guardian. ( I am American and she is half Thai) the land was in a Thai friends name before. At 15 ( when thai's are issued ID cards) it was then placed in her name,
So to own land you need be 15 and have an id card
NOTE while she owns it and you as the Farang are her/his leagl guardian it may NOT be sold.
Simple
The land is leased by you. It is owned by a non-related Thai (your friends's wife).
So upon your death the land doesn't return to the owner?
Or is the lease inherited?
In which case the heir will only have until it expires, which if you just leased it, she'll be 37 max before the lease runs out.
exactlyOriginally Posted by Phuketrichard
I don't think leases can be passed on in wills
back in 2006 when my daughter was 3, put 36 rai in her name at the land office, me and misses had to sign a load of papers, me probably signing my life away and the misses acting as some sort of guarantor for the land until my daughter reaches 20 i think it is, no problems what so ever, the transfer was from the MIL name to the daughters name, had the papers translated and looked over by a lawyer (as an after thought) and all ok and totally legal and legit.
^^ Then as he only leases the land, there's presumably nothing to discuss in terms of him leaving it to anyone.
^ Going through the actual owner seems the only way to go.
Guess you will get to see if the unrelated Thai owner really considers the land yours now.
That's not true. A guardian can sell the land if they can prove that it's in the child interests, this is murky as I stated before.Originally Posted by Phuketrichard
It would be true in Richards case because he was the guardian, and isn't inclined to sell.
I thought they had to go to court to gain permission?Originally Posted by Spin
All very informative - ultimate solution is rent on a fixed contract - then renew or move !
So say I buy (my wife) a house and want to leave it to my son, who is 9. Better I don't lease it then? I can put his name on the lease and be his guarantor until he is 15 when ownership goes to him?
Between now and when he turns 15 I have no security? Understand that at 15 he can boot me out anyway....
Fahn Cahn's
AS A Farang being the Guardian, I can not sell the land which was held in my thai daughters name. She can do as she wishes since she turned 15 and has her id card and for land owning purposes is the Legal owner. BTW, WE sold it last year and dam lucky.
Leases can be passed on to whomever the original lessor appoints as the inheritor. The lease, ( if it is 100% registered and the lessor, ( even if he is a Farang) is on the back of the Chanot or nor sor sam paper) is a leagaly binding contract for 30 years
Thanks for clearing that up.
So I can buy (my wife) a house, lease it from my wife and appoint my son as the inheritor, that's good for me.
Can he sell it after I die and if the lease is still valid?
He can sell the LEASE if u made an arrangement in the lease that it can be resold.
He cant sell the house or land cause its in ur wifes name.
Why not buy the land/house in HIS name and place ur name as the lessor? and u act as the Guardian.
That way its his house once he turns 15 and he can do whatever he wants to.
Thou i am 100% sure your wife will argue against this as she will say, "what, you no trust me"
and if u answer turthfully the answer would be "nope, sorry i want make sure my son is taken care of."
sorry I thought leases lapsed on death of the lessee
I thought that too.
thought that is why there is so much talk about a Userfract
Not easy is it?Originally Posted by Phuketrichard
Must be one of the most debated topics and cause for concern out there...
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