Thai owning land. How old must they be?

**Tubtaywun** · 16-07-2010, 02:56 PM

I heard it was perfectly legal if you sign a paper gifting your wife the money and declareing that you do not make any claim on the land even under marriage laws....effectively saying that the land is hers outside the marriage as it would be if she owned it before the marriage.

**Thomas** · 16-07-2010, 05:04 PM

Originally Posted by samlong

<snip>you can only put it in the child's name if <snip>I am pretty sure it is not 15, 20 sticks in my mind for some reason <snip>This was all explained to me by the Land Registry staff - In English - at the time I signed the papers.<snip>

I have only read the last 2 pages of this thread but the extent of confusion and misinformation is scary. Land registry staff cannot be trusted to know the law and/or to follow the law. By law a minor of any age can be gifted land. Some land dept staff will put it in a baby's name, some will say the child must be old enough to sign, some will say 15, 18 whatever. Refer Section 1577 Thai Civil and Commercial Code. As some posters have hinted, there are pros and cons in going down this path - be sure you are aware of the implications before committing yourself.

To get a good plain-english rundown of this and all the other methods that foreigners can use in seeking to own, use and/or control Thai property have a look at the book "Your Investment Guide to Thailand" by Silkworm Books.

**dirtydog** · 16-07-2010, 10:28 PM

Originally Posted by Thomas

By law a minor of any age can be gifted land.

saying this implies ownership, ownership implies legal responsibilty for the land and also rights on what can be done with the land, children do not have these rights.

**Tubtaywun** · 17-07-2010, 12:32 AM

I have ordered the book "Your Investment Guide to Thailand" by Silkworm Books. I will read it and see how it compares to other experiences on the forums.

650 Baht Thailand.... 35 euro europe.... I know the exchange rate is bad at the moment but not that bad.... approaching 42 today from 38 a few weeks ago.

Its good to get info from wherever it may be obtained coz there seems to be different interpretations of the law in different areas.

From what I have read the those laws can change frequently

**Thomas** · 17-07-2010, 05:24 AM

Originally Posted by dirtydog

Originally Posted by Thomas

By law a minor of any age can be gifted land.

saying this implies ownership, ownership implies legal responsibilty for the land and also rights on what can be done with the land, children do not have these rights.

There are plenty of instances where ownership of an asset (by an adult or a minor) does not equal total control over an asset.

According to the law of Thailand (and not the law of Nakhon Nowhere Land Dept), minors can own land. Neither the minor, nor the guardian/s acting for the minor, can however exercise total control over the land ... for. e.g. selling the land or borrowing (legally) against the land. Some such actions require Court approval, the specific details of which are set out in the Thai Civil and Commercial Code.

**Tubtaywun** · 17-07-2010, 06:31 AM

Originally Posted by Thomas

Originally Posted by dirtydog

Originally Posted by Thomas

By law a minor of any age can be gifted land.

saying this implies ownership, ownership implies legal responsibilty for the land and also rights on what can be done with the land, children do not have these rights.

There are plenty of instances where ownership of an asset (by an adult or a minor) does not equal total control over an asset.

According to the law of Thailand (and not the law of Nakhon Nowhere Land Dept), minors can own land. Neither the minor, nor the guardian/s acting for the minor, can however exercise total control over the land ... for. e.g. selling the land or borrowing (legally) against the land. Some such actions require Court approval, the specific details of which are set out in the Thai Civil and Commercial Code.

So that could be a good thing and take the "quick buck" out of the equation. Total control over the asset can mean insecurity for everyone. Maybe a chance to focus on using the land for what it should be used.............. growing food /living??

**Phuketrichard** · 17-07-2010, 12:18 PM

Originally Posted by acudlipp

Originally Posted by Phuketrichard

its not easy to get a loan unless u have a wp and /or ur wife has money and a good job. My friend got a loan to buy his home here in Phuket thru his wifes name but he had been putting his money thru her account for years and she has had a beach chair concession at Nai Harn for 20 years as well.

if they think the money came from u they can legally make u sell it , ( the give ya 5 months or a year) but seldom does this happen,.
Buy the land/house and get a registered 30 year lease and your name goes on the back of the land paper and she can not sell or force u out. BUT if the relationship goes belly up she will ask for lots of $$ to allow u to sell it, (happens all the time).

for me, the way things are in this country ur better off renting :-)

"Beach chair consession" ? you mean she has been using the money for other than what was intended?

Asking me for money to sell it would be better than telling me to leave!!!!

I dunno what its like in all your countries but in Ireland if you finish a realationship with a family involved...they get to live in the house and you have to find other accomodation. You would then have to support the family and pay any loans etc...
As soon as we were married (4 Years ago) she became intitled to half of what I have anyway.

Yes, I want to rent and have my name on the chanote but I want my wife to own the land so we have something to leave the children. Like dogcatcher I want to be shure that my children have the land with no contest. I am 42 and want to be able to live there in relative peace without having to look over my shoulder every day.

If u dont understand "beach chair connession" You have not been in Phuket or samui. These are the people that are leaglly entitled to set up beach chairs on the beach. She has had hers on Nai Harn for over 20 years and they set up a bank acont wa back and he funled money into her account. So when the time came she showed she had money coming in yearly and they got the loan for 60% of the value of the land/house.

If your name is NOT on the back of the chanote and if you dont get it registered with in 2 years she can tell u to do whatever she wants to!!

Thailand is not Ireland the laws there dont mean shit here.

If u buy the land and say its her money of course its hers; Why would u rent if your buying?

The ONLY way you can live in peace and be protected by the law is if u register a lease between her ( the owner of the land) and you which is valid for 30 years.

Why are u all making this such a headache. Its faily simple. I did it, ( put the land in my daughters name with me as legal guardian, (appointed by court) when she was 9) when she turned 15, got her id card and could legally do whatever she wished with the land , and i wnated to sell it so we could move elsewhere , we sold it and she signed the papers.

**Tubtaywun** · 17-07-2010, 07:40 PM

Originally Posted by Phuketrichard

If u dont understand "beach chair connession" You have not been in Phuket or samui.

I have been to Samui alright but have tended to stay on the south and west coasts so have not had the pleasure of staying on the busier beaches.... but now I do understand what you were sayin...

Originally Posted by Phuketrichard

Thailand is not Ireland the laws there dont mean shit here.

The point I was tryin to make was that even in western countries the person with the wealth going into the relationship is vunerable and can be ripped off by any person in any country.....if there is no pre-nup

Originally Posted by Phuketrichard

when she was 9

This was my preferred choice but my son is only 2 ...the thougthts of having to go to court if we want to sell within the next 13 years.....it still may be an option though.

But I think leasing the land off my wife is the best option......i will have to be on my best behavior for the last few years of the lease.... jez maybe I am being a bit optimistic thinkin that I will survive the 30 years.......

**the dogcatcher** · 17-07-2010, 08:15 PM

Whooee, did I open a can of worms?

**Tubtaywun** · 18-07-2010, 04:41 AM

Originally Posted by the dogcatcher

Whooee, did I open a can of worms?

Hey Dogcatcher,

.....its the cans that have not been opened yet that worry me...thats why I am here to listen to others with more experience..... so I can learn to deal with a new brand of can.

Its a good informative thread and has made a confusing subject clearer to me

**Phuketrichard** · 18-07-2010, 12:29 PM

Best solution;

RENT and not worry, when Thailand goes belly up u pack ur bags and leave.
when u pass on, ( Die) what's left of ur savings/invesmets leave to your son.

Other than that make sure you register your lease and your name is on the back of the land paper. Then your good for 30 years

**the dogcatcher** · 18-07-2010, 12:33 PM

That's whatI did.
The question of whether the owner will keep to their word is another matter.

We are good friends, how good?
Only time will tell.

**Chairman Mao** · 18-07-2010, 12:54 PM

Remember that in 30 yrs, it probably won't be her involved. Might well be her daughter dealing with your daughter.

And her daughter presumably didn't promise anything. But has a nice house built on her land.

**the dogcatcher** · 18-07-2010, 01:30 PM

Originally Posted by Chairman Mao

Remember that in 30 yrs, it probably won't be her involved. Might well be her daughter dealing with your daughter.

And her daughter presumably didn't promise anything. But has a nice house built on her land.

Thanks on the "nice house" CM. Thai building dictates it won't be nice in 30 years.

It will be Laosy dealing with a Thai that she has taken care of for long end of 5 years.
She is probably closer to the boy than his mother.
None the less I intend to approach the matter within the next 10 years.
I actually don't really mind too much about this. I have a total spend here of about 28K English , which is jack to me, but Laosy's daughter getting hold of this in 30 years would be nice.
She will be 37 by then, and hopefully with my influence 28K will be jack to her as well by then.

**peter2076** · 22-07-2010, 01:07 PM

my friend divorced his wife,bbought her out, and put his house in his kids' names ages 8 and 10. so it is possible.

**Phuketrichard** · 23-07-2010, 12:37 PM

First, there is no way, "HE" could have put the house/Land in his kids name as it was ,i assume, in his wifes name so she signed it over to the kids, but still he had to have been appointed as their guardian by the court ( which was probaly done at the same time as the divorce was finalized) ( which i was when my daughter was 8) and now he can not sell or transfer the land till they reach age.

Always said it could be done.

**William** · 23-07-2010, 06:23 PM

Originally Posted by Phuketrichard

...but still he had to have been appointed as their guardian by the court ( which was probaly done at the same time as the divorce was finalized) ( which i was when my daughter was 8) and now he can not sell or transfer the land till they reach age.

Always said it could be done.

You don't need to be court appointed to be a guardian - this can be done by deed or contract. They court is required to "act in the best interests of the child", but this could be as simple as selling the property to pay school fees, so it's no guarantee of keeping a property.

As I've always said, spending money on property in Thailand should have the same approach as going to Las Vegas - don't do it if you're not willing to walk away with nothing

**the dogcatcher** · 23-07-2010, 07:14 PM

Yep, although I'm not going to walk away at all.
I will be driven, lying down in a black estate car.

**Tubtaywun** · 23-07-2010, 11:18 PM

Originally Posted by the dogcatcher

Yep, although I'm not going to walk away at all.
I will be driven, lying down in a black estate car.

Hopfully no time soon dogcatcher

**Phuketrichard** · 24-07-2010, 12:51 PM

Originally Posted by William

Originally Posted by Phuketrichard

...but still he had to have been appointed as their guardian by the court ( which was probaly done at the same time as the divorce was finalized) ( which i was when my daughter was 8) and now he can not sell or transfer the land till they reach age.

Always said it could be done.

You don't need to be court appointed to be a guardian - this can be done by deed or contract. They court is required to "act in the best interests of the child", but this could be as simple as selling the property to pay school fees, so it's no guarantee of keeping a property.

As I've always said, spending money on property in Thailand should have the same approach as going to Las Vegas - don't do it if you're not willing to walk away with nothing

William, what do u base this on? Have u done it or gone thru the system ? I have and This is totaly wrong. You need to be the "legal" guardian of the child which can only be done buy the court,not by A DEED OR CONTRACT. Try and get a passport for ur 10 year old wiTHout her mom unless YOU have legal divorce papers and legal papers showing ur the dad and sole guardian.

**William** · 24-07-2010, 04:27 PM

Originally Posted by Phuketrichard

Originally Posted by William

Originally Posted by Phuketrichard

...but still he had to have been appointed as their guardian by the court ( which was probaly done at the same time as the divorce was finalized) ( which i was when my daughter was 8) and now he can not sell or transfer the land till they reach age.

Always said it could be done.

You don't need to be court appointed to be a guardian - this can be done by deed or contract. They court is required to "act in the best interests of the child", but this could be as simple as selling the property to pay school fees, so it's no guarantee of keeping a property.

As I've always said, spending money on property in Thailand should have the same approach as going to Las Vegas - don't do it if you're not willing to walk away with nothing

William, what do u base this on? Have u done it or gone thru the system ? I have and This is totaly wrong. You need to be the "legal" guardian of the child which can only be done buy the court,not by A DEED OR CONTRACT. Try and get a passport for ur 10 year old wiTHout her mom unless YOU have legal divorce papers and legal papers showing ur the dad and sole guardian.

Never done it mate. But I was, at one time, a lawyer in Thailand for over 10 years and acted for a few. Things change

**dirtydog** · 24-07-2010, 05:37 PM

Originally Posted by Phuketrichard

Try and get a passport for ur 10 year old wiTHout her mom unless YOU have legal divorce papers and legal papers showing ur the dad and sole guardian.

Think you will find that law is applied in most countries.

**Noirohl** · 27-08-2010, 11:19 AM

To topic owners question.

in this case, its a heritage, right?
if its heritage, you can transfer it to your son

if it was for sale, the buying person has to be 18 or older.

if im not mistaken.

**the dogcatcher** · 27-08-2010, 09:31 PM

I think I will ask Buddha.
Didn't really expect this degree of "we don't know".
But good to know that "we don't know".

**tsicar** · 28-08-2010, 12:28 AM

Originally Posted by the dogcatcher

I think I will ask Buddha.
Didn't really expect this degree of "we don't know".
But good to know that "we don't know".

i think that the "i don't know " thing stems from tha fact that the thais themselved don't know.
it must be a nightmare being a lawyer in thailand, since the law seems very vague and open to interperetation in many respects, and there seems to be many grey areas.

my boys had land transferred into their names at ages 3 and 5 respectively and no guardianship questions were raised.
they have just had their names entered into another chanote doc., and no guardianship issue, once again.
they cannot dispose of the land until they come of age, but this can easily be circumvented with the consent of the court, i believe.
no plomplem.
another day, or a different deeds office, and it could be " can NOT!"
the visa thing is the same.
confusion makes sense to the thais; they understand it and live with it..

Thread: Thai owning land. How old must they be?

Thread Tools

Display

Thread Information

Users Browsing this Thread

Posting Permissions