30 years ? Can sell the property while renting for 30 yrs ?

[Johan]

Agree, but the worst case is : You buy the property for 10 millions then your wife take it all the next day.

So you should (i should) make some papers to avoid this extrem case.

[margaretcarnes]

So Johan - if you own a property (and lease the land of course - unless your wife has been able to buy it freehold) and you have a baby - who is half Thai yes? Then you sign the property over to the child.
As I understand it there is no lower age limit at which a child of Thai nationality can legally own property. So - if your wife left you (highly unlikely I know) or died - which might be an easier way out - your child would still own the property and no doubt allow you to live in it....

[Johan]

Yes but she was worried if she died with the baby in a car accident or whatever. She stay with the baby all day everyday, in case of an accident they will both stay together. It's the worst case possible yes, but i'm going to make some papers with the lawyer.

If something like this happen i will for sure be higly depressed and i don't want to face more problems. Right now everything is fine, everybody is happy but we never know.

Thanks for the responses all.

[ozuncle]

So Johan - - if your wife left you (highly unlikely I know) or died - which might be an easier way out - ....

Classic Margaret.

[buksida]

As I understand it there is no lower age limit at which a child of Thai nationality can legally own property.

As I understand it the child needs to hold a valid Thai Citizen ID card before they can legally own property, which would put them at 16 or 18 (I could be wrong though). There are ways around this though with paperwork and expensive lawyers.

[Nereus]

As I understand it there is no lower age limit at which a child of Thai nationality can legally own property.

As I understand it the child needs to hold a valid Thai Citizen ID card before they can legally own property, which would put them at 16 or 18 (I could be wrong though). There are ways around this though with paperwork and expensive lawyers.

Yes, buksida, that is what I have found out recently. The property has to be in the name of a Thai ID card holder, or Parent or Gardian. The way around it that I was advised was to have it set up in a Will, and then transfer it when the child becomes of age. (A Thai Will) And pay tax / transfer fees on it.

[JimmyGreaves]

As I understand it there is no lower age limit at which a child of Thai nationality can legally own property.

As I understand it the child needs to hold a valid Thai Citizen ID card before they can legally own property, which would put them at 16 or 18 (I could be wrong though). There are ways around this though with paperwork and expensive lawyers.

Yes, buksida, that is what I have found out recently. The property has to be in the name of a Thai ID card holder, or Parent or Gardian. The way around it that I was advised was to have it set up in a Will, and then transfer it when the child becomes of age. (A Thai Will) And pay tax / transfer fees on it.

Yes but what happens if the will is activated before the child becomes of age?

[Nereus]

Yes but what happens if the will is activated before the child becomes of age?[/quote]

The administrator of the estate will be appointed by the court to act for the minor. If no administrator has been appointed the court will appoint one. Another reason to make sure that you have a Will.

(edit can only insert 3 quotes????)

[Johan]

We are going to do this : If she pass away the lawyer will help me to sell the property and i will take the money in full, then it's up to me what i do with that money. So yes i will have to leave the home but with the cash to buy something else.

[JimmyGreaves]

Yes but what happens if the will is activated before the child becomes of age?

The administrator of the estate will be appointed by the court to act for the minor. If no administrator has been appointed the court will appoint one. Another reason to make sure that you have a Will.

(edit can only insert 3 quotes????)[/quote]

Can the administrator be an overseas falang/relation?

[Nereus]

I did not specifically ask that question, but in my own case I was appointed by the Court. However, it all fell in a heap when one of the "family" objected. But, in this case there was no Will, and if there had been, as I understand it, the Court would not accept any objection, especially if it was a relative. (even a defacto)

[Super Joe]

I had a look into this before after we had a kid, and found the following out, but purely based on internet reading and not talking to lawyer or land office...

- A child of any age have land in their own name, ie: ID card doesn't apply, but Thai Citizenship obviously does.
- Child must have a legal guardian though, read this is normally the Thai mother by default.
- Some land office put a restriction on age, like no under 3 year olds. Not law exactly, but I think their perogative.
- Some land offices will not do it if child has dual nationality, unless the foreign one is given up.
- You can't put it in a child's name if there is borrowing against the title, obviously cos you can't pass a debt to the child.


Complications Due to Parental Powers being Limited under Law:
- If you want to sell the land then you need a court order from a judge. Parental powers are limited and the judge has to decide if it's in the child's best interests, ie: school fees, hospital bills etc. And the law says the parents best interests may not be the child's best interests.
- Parental powers do not extend to borrowing against property, leasing, giving usufruct etc without a court order.
- Flip side to that is this protects the child's interest should either parent, or a guardian, decide to try and cash in.


Re: A Will:
I think the executor/controller or whatever the term, of a child's inheritance, can not be a person who has parental control (guardian). So if the mother dies, and her will left the property to your child, you as father are not in direct control of it!?!?


Wouldn't like to swear on the accuracy of all of the above, just what I've read.

SJ

[Johan]

What about my solution to ask the lawyer to sell the home in the will ?

[Nereus]

Re the ID card issue: what you have quoted, SJ, is at odds with recent advice from a Lawyer.

Re complications: yes, correct as I was told.

Re the Will: My Daughter is the executor / administrator and the property Willed to her Daughter. (my Granddaughter). Drawn up by Bangkok lawyer at much expense!

BUT: from past experience, an objection lodged by ANYONE, will see it into Court, and the first instance I wrote about dragged on for 10 years and I still lost!

It is a complicated matter, and the Lawyers are going to make it even more so for their own benefit. The legal system can work, but it takes years, unless your name is Taksin!

[margaretcarnes]

So Johan - - if your wife left you (highly unlikely I know) or died - which might be an easier way out - ....

Classic Margaret.

Thanks Oz - I do my best to be subtle......