Is it possible to buy house in my Thai son's name and then lease?

Can i buy a townhouse in Thailand for cash and register it in my 12 month old half Thai son and lease off him for 30 years. I am married to Thai mother of son but will soon be divorced. Should I buy now or best to wait for divorce? And are the laws different province to province? I quoted the civil/commercial code section 1577, gifting property to minor, and the lawyer I used was told by land office it is not possible in Prachuap (Hua Hin).
Category: Other questions
Asked 8 years ago

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No. We understand that you are talking about the land attached to the townhouse and that answer is for that:

1. There is no law to limit the age of the owner of the land. So technically, your son could be the owner of the land. However, the land departments have a lot of discretion to accept or not transactions. Because your son is a baby, they might want the mother to be the owner first, and then, the mother can give the land to the child.

2. However, once a child is the owner of the land, a child can NOT lease it to anyone EXCEPT with the authorization of the Court. You will find these limitations about real estate and children at clause 1574 of the Thai Commercial and Civil Code. Yours is 1574 (1).

A lease between husband and wife might also be refused by the land department. Few years ago, it was easier, right now, the land department will normally agree on the registration of a usufruct but will refuse a lease between legal spouses.

Answered 8 years ago

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