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jimmya123

Can I buy land for my thai daughter

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Instead of asking the dumb asses on this forum why don't get a truly informed opinion by asking a lawyer? My guess is because you are one of those dumb asses.

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On 8/4/2020 at 1:25 AM, jimmya123 said:

First of all, she is from my blood and according to my culture if you make a child, you must get her/his  responsibility till passing away,

 

I don't know how long and where have you been in Thailand. I have been living in Thailand for more than 10 years and i work as a teacher(math teaching).,so far, all of my students (who haven't gone pattaya to sell themselves🤣) have gone universities to study enginering. I have lived mostly in north of thailand where people are so friendly,kind, helpfull  etc.. (even they offer me many bottles of beer when i had no pocket money) . My ex-wife is a teacher too and her family supported us economically and morally during marriage. 

 

As a result of them , thai people is not sticky just have conservative culture and pattaya life which have all kinds of bad altidutes and illegalizations is totally different than real thai culture 

 

If a foreigner/farang dosen't join and respect their real social life totally, thais think the foreigner just as ATM machine. 

 

and that won't be gift for her, which must be done actually , which will be advantage for my rest of life   

And still no clue after 10 years. People are trying to be nice but as you understand the culture tehn we don't need to warn you about what usually happen. Gl on your journey 

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On 8/3/2020 at 11:34 PM, jimmya123 said:

1- Can i buy land in her age, is there any age limitation or restriction to own land registered by her name legally

2- Can my ex-wife sell or lease the land by using my daughter's name as she is guardian of my daughter.

3- If there are no trouble for clause 1 and 2 , can my daughter sell or lease the land once she is 20.

4- Regarding all possible issues as far as i heard, can i make an agreement between my daughter and me to obtain land's usage right till i pass away , will the agreement be legal on thaland's courts.(meanwhile, if i do that, who will sign the agreement as she is 8 years old now) .  

1. Yes, a minor can own land, but under guardian; which lead to #2. I've bought land for my minor daughter when she was about two years old as child investment, her mother is the guardian.

 

2. You probably need sole custody, or other way being registered as sole guardian, to protect the land. I advise you to talk to a lawyer about this. Also, the land you buy need to be of Chanote title deed, to avoid any claims from third party; Nor Sor 3-level might however work, if you can get the title deed upgraded to Chanote, there is to my knowledge a 30-day challenge right when buying Nor Sor 3; I've done it, and later upgraded it, which can be a relative long lasting process. Avoid any lower titled deeds; you can find a list over all Thai deed titles here.

 

3. Yes, your daughter can sell, or mortgage, or transfer the land when she's 20 years old. But before that day any agreement concerning the land might not be possible, and you you'll need a court approval to do any. In a way your daughter's land is protected from a guardian's decisions.

 

4. As it might be difficult, and might even be impossible, to have any servitude registered after a land title deed has been transferred to a minor, it's often suggested to do any kind of that before the transfer (same with contracts between married couples). That means, register servitudes first with seller, and then transfer the title deed (you might need some kind of financial deposit with seller).

You might have a number of servitude options, like an often suggested usufruct; and/or a superficies that allows you to build a house and be owner of the house (but not the land under the house); or have also a look at habitation rights.

The servitudes mentioned can run for a specified period up to 30 years, and not longer, or for your life.

Any previous registered servitudes will remain valid after a land transfer to your daughter.

 

To protect yourself I'll advise you to contact a lawyer about the best of above options, and how to protect you as being the only guardian for your daughter's land, when she's minor...🙂

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5 hours ago, salsajapan said:

In rural Thailand you can pay a rai of land 100000k baht, is it really important to who it belongs at the end ?

Actually is, when you build a 10 million baht manor on the land...:whistling:

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3 hours ago, Kurtf said:

Instead of asking the dumb asses on this forum why don't get a truly informed opinion by asking a lawyer? My guess is because you are one of those dumb asses.

Sincerely thank you for calling me a "<deleted>"...:wai:

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5 hours ago, salsajapan said:

In rural Thailand you can pay a rai of land 100000k baht, is it really important to who it belongs at the end ?

 

Yes you can pay a little on land without chanote and such. But these are generally "contracts" by word of mouth. If you get a problem with some Thai neighbour or the seller of the land, I am not sure how strong you'd stand in court. 

 

Also, I guess if the land doesn't have a chanote (or similar paper), the land can generally only be used as farmland. Any buildings you make on the land could at some point be destroyed by government. 

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46 minutes ago, khunPer said:

You probably need sole custody, or other way being registered as sole guardian, to protect the land. I advise you to talk to a lawyer about this.

talking about experience

 

SOLE custody is not possible 

 

1) unless the father BUYS his kid(s) from the poor mother (with gambling debts, addiction, total PSYCHOPATH)

 

2) the child in the custody of the mother, was beaten into the hospital  (or worse) or some other serious offence against the child happened, or mother in jail or declared insane

 

NO judge will give sole custody if both parents are still alive

 

Lawyers will try and LIE to make you PAY & believe they can "try" to get sole custody...

 

 

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You stated that the mother is the guardian, so I assume your daughter lives full-time with her. Do you plan to provide child support for your daughter until you die?

 

It sounds to me you’re number one goal is to build a house and live in it alone until you die.

After your life expires, you don’t want your ex-wife to get the property and want your daughter to get the property instead.

 

Unless your plan is to continually provide child support and emotional support and educational support for your daughter,

it sounds like you’re trying to use your daughter to bypass the laws about ability to buy property and live in it until you die and then pass the property onto your hairs(daughter)

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Yes buy it in her name with a Userfruct in your name. Forget leases they are valuless - I have court cases to prove it.

 

You will not be able to sell it for her without a court order.

 

Best of luck.

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On 8/18/2020 at 3:47 PM, slipperx said:

Yes buy it in her name with a Userfruct in your name. Forget leases they are valuless - I have court cases to prove it.

 

You will not be able to sell it for her without a court order.

 

Best of luck.

Yes, this is all i want to do, i need the home's Userfruct till i die. Otherwise, the leasing with 3 pary is not sensible instead of my daughter's ownership If the Usefruct is possible behalf of court, of course , my choice will be to buy the land by her name. 

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On 8/17/2020 at 12:13 PM, brianp0803 said:

You stated that the mother is the guardian, so I assume your daughter lives full-time with her. Do you plan to provide child support for your daughter until you die?

 

It sounds to me you’re number one goal is to build a house and live in it alone until you die.

After your life expires, you don’t want your ex-wife to get the property and want your daughter to get the property instead.

 

Unless your plan is to continually provide child support and emotional support and educational support for your daughter,

it sounds like you’re trying to use your daughter to bypass the laws about ability to buy property and live in it until you die and then pass the property onto your hairs(daughter)

Yes , my first priority for her is to sopport her economically till i die as much as i can do

my daughter lives with her mother in rural area and i want to buy a land and to construct a home over it in the same region, of course , i can not buy a land as a farang that's why i want to use her name for the land as we(me and my daughter) can oftenlive in the home which i will make for her and i can support her not only economically but also moral and emotionally. My only doubt is that 

           if i use my daughter's name for the land and make a home , in the future , can my ex-wife dispute for the land and can she get me fired from the land as the guardian before  i die. 

 

Otherwise, after i die , my daughter can sell or she can do whatever she wants for the land 

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