DLang

Thai daughter giving me 30 yr house lease for free.

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My biological Thai daughter born in Thailand with Thai and Western passports owns a house in Thailand that she wants to lease to me (EU National) for 30 years, a usufruct? for free obviously.

 

Is this possible?

 

A contract with a sum of money could of course be drawn up or whatever if it is not allowed to be free? Is there a minimum amount that has to be 'paid' to the owner? 

 

What is the process for doing so?

 

Thanks.

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A usufruct is better as those can be 'free'. A lease without a price is harder, best to just imagine a fair price and pay taxes over that.

 

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1 hour ago, Khun Jean said:

A usufruct is better as those can be 'free'.

Thanks.

 

I presume there's no issue in getting a usufruct from your child on a property (house+land) that they own?

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Not to my knowledge.

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Lease for free = right of habitation, is similar to usufruct, but much better in this case, can be for 30 years, or for life, must also be registered with the land department, minimal costs. 

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ID: 7   Posted (edited)

I presume the child is 20 or over and the legal owner.

 

If the child is still a child the property can be in their name, but it will need to have a Thai 'guardian' usually the Thai parent, who will need to go to court for the property to be used for anything - collateral for a loan etc etc or to be sold/transferred.

 

I would guess that that would also be needed for a usufruct to be given on the property. 

 

That until the child is 20 and the full owner without guardianship you cannot get a usufruct, or any other sort of legal right of habitation for the property.

Edited by Happy Grumpy
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No problem, just did this last week do not know what the minimum amount can be for the lease, daughter was going to do it for ten baht, but wouldn't work in there system, think she ended up putting down 100 baht per year, in and out in less than two hours, this was done at our land office in Klaeng, Rayong, cost was less than 200 baht if I remember right, go for it

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ID: 9   Posted (edited)

2 hours ago, Happy Grumpy said:

I presume the child is 20 or over and the legal owner.

 

If the child is still a child the property can be in their name, but it will need to have a Thai 'guardian' usually the Thai parent, who will need to go to court for the property to be used for anything - collateral for a loan etc etc or to be sold/transferred.

 

I would guess that that would also be needed for a usufruct to be given on the property. 

 

That until the child is 20 and the full owner without guardianship you cannot get a usufruct, or any other sort of legal right of habitation for the property.

I was just going to ask same question / say the same to OP - a minor (under 20) cannot grant Usufruct, and not all Land Offices will accept a Lease (with a fee for taxation).

 

It sound like OP's daughter is already the owner, otherwise make the Usufruct or Lease and declare it, before transferring the property to the minor daughter's name...

Edited by khunPer
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40 minutes ago, flexomike said:

No problem, just did this last week do not know what the minimum amount can be for the lease, daughter was going to do it for ten baht, but wouldn't work in there system, think she ended up putting down 100 baht per year, in and out in less than two hours, this was done at our land office in Klaeng, Rayong, cost was less than 200 baht if I remember right, go for it

Interesting.

 

What did you get, a usufruct or 30 yr lease? 

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14 minutes ago, khunPer said:

It sound like OP's daughter is already the owner, otherwise make the Usufruct or Lease and declare it, before transferring the property to the minor daughter's name...

Would that involve:

 

1) buying it in the name of the Thai parent.

2) Getting a usufruct or 30 yr lease in your name.

3) With a usufruct/30 yr lease in your name you get the Thai parent to transfer it into the child's name with them (or another Thai) being the 'guardian'.

 

?

 

:huh:

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Why not just keep things on an informal basis? All the OP will be doing is feed lawyers.

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A usufruct will cost about 100 baht.

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3 hours ago, Happy Grumpy said:

Would that involve:

 

1) buying it in the name of the Thai parent.

2) Getting a usufruct or 30 yr lease in your name.

3) With a usufruct/30 yr lease in your name you get the Thai parent to transfer it into the child's name with them (or another Thai) being the 'guardian'.

 

?

 

:huh:

If parents are married, contracts between them can be declared void...:ermm:

 

Property protection is in case of the worst – if we can trust, we don't need it – so you have to include as much of thinkable possible about worst case. Probably better to have the Lease or Usufruct granted by third party, perhaps seller of property, but you need to check with an experienced property-lawyer, also knowing how the local Land Office handles it, to make it as legally correct as possible.

 

I.e., as I see it,

1) Having the 30-year Lease/Usufruct/Superficies granted and declared on the title deed as Servitude by the Land Office (tax shall be paid, if a Lease)

2) Buying the land from original seller

3) Transferring the land to the minor child direct from original seller

:smile:

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11 hours ago, Happy Grumpy said:

Interesting.

 

What did you get, a usufruct or 30 yr lease? 

30 Year lease on the chanote

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As far as I know, you cannot transfer land to a minor.

 

You have also consider the taxes. You cannot give a lease «for free». The Land Office calculates/accepts a lease price and the lessor has to pay taxes on this income. The other option may be more or less expensive.

 

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10 hours ago, Khun Jean said:

Here you go: Usufruct

Thank you Khun Jean...  this is interesting to me.. my wife although much younger than me wants me to take a lease on our house in case she should meet a premature end.. we have a good family and wouldn't expect any problems but she wants to make sure for my benefit.. 

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58 minutes ago, flexomike said:

30 Year lease on the chanote

Thanks.

 

So the original owner of the property is still the owner, you're just leasing it from them for 30 years?

 

That sounds very good for people that are maybe 50 yrs+ without children that they will want to leave the property to.

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38 minutes ago, juehoe said:

As far as I know, you cannot transfer land to a minor.

Yes you can, but it needs a Thai guardian until the minor is 20 yrs old. This means that the land/property is in the name of the minor, but it cannot be sold or used as collateral unless the adult guardian goes before a judge and it is found to be in the best interest of the minor. This is quite rare. Thai judges are surprisingly good at protecting minors when cases come before them. 

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9 hours ago, bazza73 said:

Why not just keep things on an informal basis?

It sounds like the OP's daughter wants to give him more security/peace of mind in Thailand. Nothing wrong with that. 

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Thanks, so it looks easily enough.

 

1) Try to get a usufruct, depending on the land office.

2) Failing that, get a 30 year lease.

 

 

It looks like for foreigners here that have a child and want as much security over a house could do the following:

 

Agree a purchase with the vendor.

Get a cashier's cheque in their name.

Go to the land office and get a usufruct, or failing that a 30 yr lease on the property.

Go again and have the property transferred into their child's name with the Thai parent as a guardian.

 

 

The child will be owner and they will have a usufruct or 30 year lease on it. Sounds about the safest one can get here. 

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18 hours ago, kimmy said:

Lease for free = right of habitation, is similar to usufruct,

Is there a Thai name for this? 

 

Thanks. 

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BANGKOK 27 April 2017 10:23
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